Battlefield evidence, such as photos depicting crimes committed against civilians, fingerprints on explosive devices and e-mails describing terrorist plots, is increasingly being used to prosecute suspects of terrorism and core international crimes, including returning Foreign Terrorist Fighters. The 2020 Memorandum on Battlefield Evidence, which was published recently by Eurojust, the EU Agency for Criminal Justice Cooperation, shows that while there are many challenges in obtaining such data and making sure it meets the criteria for admissible evidence, it has paved the way for bringing terrorist suspects to trial. Continue reading…

The European Securities and Markets Authority (ESMA), the EU securities markets regulator, recently published its second risk dashboard for 2020 which sees a continued risk of decoupling between asset valuations and economic fundamentals. During the third quarter of 2020, EU financial markets have continued their recovery and equity market valuations have edged up further. There are increasing signs of strong geographical and sectorial differentiation across financial markets with fixed income markets seeing large-scale valuation increases across various segments such as emerging markets, investment grade and high yield. Credit rating downgrades have been slowing and investment funds recorded inflows across asset classes, especially for bond funds.

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Nikhil Rathi, Chief Executive of the Financial Conduct Authority (FCA) recently gave a speech addressed to the City Regulators, Mansion House. Lord Mayor, thank you for the invitation to speak today. I’m pleased to join Sam Woods this evening. His measured, confident leadership at the PRA has ensured the close partnership of the two financial regulators. I look forward to our continued work together. I am just one month in to my term as CEO of the Financial Conduct Authority.  And you may be aware that the Government has recently proposed legislation enabling the CEO of the FCA to serve a maximum two terms. And having researched your background, Lord Mayor, I have much to learn from you.  As due to the current unusual circumstances, you are the first Lord Mayor to serve two terms since Sir Robert Fowler in 1885. Continue reading…

A broad common approach, involving administrations such as civil registries and consulates, is instrumental to tackling the fraud and abuse perpetrated by Organised Criminal Groups (OCGs) via sham marriages. In addition, further enhancement of judicial cooperation and the coordination of investigations at EU level will give extra impetus to the fight to thwart those arranging marriages of this kind. These are the main recommendations made by Eurojust, the European Agency for Criminal Justice Cooperation, in a report which was adopted recently.  Continue reading…

The Financial Stability Board (FSB) recently published a discussion paper for public consultation, on Regulatory and Supervisory Issues Relating to Outsourcing and Third-Party Relationships. The discussion paper draws on findings from a survey conducted among the FSB members. Financial institutions have relied on outsourcing and other third-party relationships for decades. However, in recent years, the extent and nature of interactions with a broad and diverse ecosystem of third parties has evolved, particularly in the area of technology. The financial sector’s recent response to COVID-19 highlights the benefits as well as the challenges of managing the risks of financial institutions’ interactions with third parties. The pandemic may have also accelerated the trend towards greater reliance on certain third-party technologies. Continue reading…

The European Central Bank (ECB) recently published the European System of Central Banks’ (ESCB) input into a European Banking Authority (EBA) feasibility report on reducing the reporting burden for the European banking industry. Under Article 430c of the Capital Requirements Regulation (CRR), the European Parliament and the Council of the European Union mandated the EBA to carry out a feasibility study and requested that input from the ESCB be taken into account. Continue reading…

ING announced today that Ljiljana Čortan will be appointed Chief Risk Officer of ING. Ljiljana Čortan until recently served as chief risk officer of HypoVereinsbank – UniCredit Bank (HVB) in Germany. She will succeed Steven van Rijswijk, who was appointed CEO of ING effective 1 July 2020. Ljiljana Čortan will be appointed as Chief Risk Officer and member of the Management Board Banking effective 1 January 2021. The Supervisory Board will propose to shareholders to appoint her as member of the Executive Board and Chief Risk Officer of ING Group at the Annual General Meeting in April 2021. 
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The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has published the results of its Fast Track Peer Review (Peer Review) which assessed the events leading to the collapse of Wirecard AG and the supervisory response by BaFin (Bundesanstalt für Finanzdienstleistungaufsicht) and the Financial Reporting Enforcement Panel (FREP). The Peer Review focuses on the application by BaFin and FREP of the Guidelines on Enforcement of Financial Information (GLEFI) and on impediments to the effectiveness of the German two-tier supervisory system for financial reporting in the specific context of the Wirecard case. The Peer Review, based on the assessment, identifies a number of deficiencies, inefficiencies and legal and procedural impediments. These relate to the following areas: the independence of BaFin from issuers and government; market monitoring by both BaFin and FREP; examination procedures of FREP; and the effectiveness of the supervisory system in the area of financial reporting. The Peer Review provides recommendations to address these shortcomings.  Continue reading…

The Financial Stability Board (FSB) recently published a report about market developments and financial stability implications from the provision of financial services by BigTech firms in emerging market and developing economies (EMDEs). The report is being delivered to G20 Finance Ministers and Central Bank Governors for their virtual meeting on 14 October. The report finds that the expansion of BigTech firms in financial services in EMDEs has generally been more rapid and broad-based than that in advanced economies. Lower levels of financial inclusion in EMDEs create a source of demand for BigTech firms’ services, particularly amongst low-income populations and in rural areas where populations are under-served by traditional financial institutions. Continue reading…

The 21st International Conference of Banking Supervisors (ICBS), hosted virtually by the Office of the Superintendent of Financial Institutions (OSFI) and the Bank of Canada, was held on 19-22 October 2020. Approximately 450 senior banking supervisors and central bankers representing close to 100 countries took part. Delegates discussed a wide range of issues related to the future of banking supervision in a changing world. The discussions covered the digitalisation of finance and the evolution of banking models, operational resilience, climate-related financial risks and remote working arrangements. Participants also exchanged views on the challenges for central banks and bank supervisors in advanced and emerging market economies during the Covid-19 pandemic, as well as adapting to the changing operating environment for central banks and supervisors. Continue reading…