13 March 2014

Mauritius at the Forefront of Tax-Friendly Countries for High-Net Worth Foreigners

From "Tiger of the Indian Ocean" to "Cyber island", Mauritius has turned now into a "Safe and Reliable Investment Hub" in terms of good governance as well as ethical, economic, political and social stability.

Ranked 1st in Sub-Saharan Africa in the World Bank's Doing Business Report 2013, Mauritius offers a particularly favorable setting for doing business. The country has in fact achieved one of the fastest growth rates in Sub-Saharan Africa, expertly combining lively feeling for business with an attractive lifestyle. Mauritius is appealing to foreign investors (individuals and companies) for various reasons namely: a very favorable taxation system - a durable political and social stability - free-trade economy - double-taxation treaties and protection of assets - qualified workforce - strategic geographical location - Free zones / free ports.

One of the key reasons why Mauritius is so popular in attracting foreign investment remains the fact that the island is at the forefront of tax-friendly countries. According to an interview given to Luxury Mauritius Magazine, Tim Taylor, Chairman of Cim Group, a major player in the financial sector in Mauritius in the management of foreign investment funds said: "Mauritius has developed its trust laws and today high-net worth individuals can create a trust or a fund into which they can transfer some of their assets. Such structures can be used for the better management of inheritance tax and may also be used by expatriates. Moreover, all back-office and administrative services are much cheaper here and fiscal policy is favorable. Tax is a cost!"

Mauritian authorities have implemented a low-rate taxation system aimed at encouraging local and foreign companies to set up in the island. The main fiscal advantages include: absence of inheritance tax - absence of tax on dividends (capital gains) - tax of 15% on company profits and personal income - tax credits up to 80% for offshore companies - refundable Value-Added Tax at 15% - no custom duty or VAT on equipment -absence of restriction on repatriation of profits, dividends and capital - no tax on short-term appreciation.

"Mauritius is a tax-friendly island which is more than ever banking on luxury to attract a wealthy customer-base.   That's the reason why we have created a new magazine to fulfill the need for foreigners to have reliable and objective information" states Delphine Taylor, founder of Luxury Mauritius Magazine and Managing Director of http://www.lexpressproperty.com, the 1st real estate portal in Mauritius.

Mauritius has in fact positioned itself as a regional investment hub and has signed some 40 double taxation treaties modeled on the OECD, hence ensuring lower rates of taxation on dividends, interest and royalties.

André Bonieux, Country Senior Partner at Price Waterhouse Coopers Mauritius, asserts: "For example the treaty between Mauritius and India, the most used up to now, stipulates that capital gains are taxed in the country of residence of the investor's company - Mauritius, in this instance. So the capital gains realized in India are taxed in Mauritius…which does not tax capital gains! Investors can benefit from the expertise of a firm like ours to do a market study, obtain the appropriate license to operate.  We also look after immigration permits and work permits for employees from abroad and their families."

11 March 2014

Mauritius - Capital Publications: Mardi 11 mars 2014

In today's issue: 
  1. An investigative story on a secret account of Robert Mugabe in Mauritius where an ex-Chairman of the FSC was questioned by the international investigators but the findings were never made public. 
  2. Two Mauritian Management Company in the bad books of India because they domicile over 2 000 Indian companies. 
  3. Our reply to the Prime Minister over his "meeting" with Indian Minister of Finance, Palaniappan Chidambaram, since we were the first to raise the issue in our last week's issue. 

10 March 2014

Mauritius - FSC Career Opportunities: Senior Level Positions

Senior Level Positions
  1. Deputy Chief Executive, and
  2. Director
The Financial Services Commission (FSC) is inviting applications from high calibre professionals to enhance its supervisory capability and reinforce its teams. The appointed person(s) will have the ultimate responsibility to ensure that the strategic objectives and operational goals of the Commission are achieved whilst providing strategic leadership direction to staff of the Commission.

Candidates need to possess relevant regulatory experience and a good understanding of working with a wide and diverse group of stakeholders.

Employment will be on a contractual basis for an initial period of two years or a lesser period acceptable to the Commission.

Benefits comprise of an internationally attractive remuneration package, which will be commensurate with qualifications and experience.

For further information and a detailed Position Description, log on to the Commission’s website (Careers Section)



Closing date for applications is Monday 17th March 2014

The Commission reserves the right:
  • To call only the best qualified and experienced candidates for the selection exercise; and
  • Not to make any appointment as a result of this advertisement.
The Financial Services Commission is the integrated regulator for the financial services sector (other than banking) and for global business.

08 March 2014

Illicit Financial Flows: Mauritius a model to replicate says Mr Thabo Mbeki

The Prime Minister, Dr Navinchandra Ramgoolam, GCSK, FRCP, had a working session yesterday evening at Clarisse House, Vacoas, with the former President of South Africa, Mr Thabo Mbeki. The working session focused on Illicit Financial Flows from Africa.

Prime Minister Ramgoolam expressed his pleasure in receiving Mr Mbeki and said that all has been put at the disposal of the visiting delegation to address this continental problem. He added that he is glad to hear from Mr Mbeki that the system put in place in Mauritius regarding illicit financial flows is an example to be replicated in Africa.

Mr Mbeki pointed out one of the main objectives of his visit with his panel is to examine and assess the practical experience of Mauritius together with the laws that exist to tackle the problem of illicit financial flows. He added that the Mauritian model is not only an example to replicate on the continent but it has also provided many answers to a lot of questions regarding this issue.

The institutional architecture along with the legal structure that Mauritius has put in place to address the issue of illicit financial flow and its experience in doing so is what we have come to collect said Mr Thabo Mbeki. He also thanked Prime Minister Ramgoolam for his cooperation and hospitality.

A ten-member high-level panel chaired by former South African President Thabo Mbeki leads research by the UN Economic Commission for Africa (ECA) into illicit financial flows, assisted by ECA Executive Secretary Carlos Lopes as the vice-chair. Other members of the panel include Professor Baker and Ambassador Segun Apata of Nigeria. The ECA blames illicit outflows for reducing Africa’s tax revenues, undermining trade and investment and worsening poverty. Its report will be released in March 2014.

05 March 2014

Mauritius tops African Index on Economic Transformation

The African Index on Economic Transformation (ACET) ranks Mauritius first in overall economic transformation ahead of South Africa, Côte d’Ivoire, Senegal, Uganda, Kenya, and Gabon in its 2014 report launched in partnership with the Mapungubwe Institute for Strategic Reflection (MISTRA) on Monday in South Africa.

The African Transformation Index is meant to provide a common quantitative tool to measure the progress of countries. The research aims to map the African landscape on key policy issues, to identify best practice in Africa and around the world.

ACET assesses African countries based on the following criterion namely: Diversification of production and exports; Export competitiveness and gains; Productivity increases; Technology upgrading; and Human economic well-being improvements, particularly by expanding formal productive employment.

According to the 2014 report the strong performance of Mauritius can be mostly attributed to export competitiveness (the share of exports of goods and services in a country’s GDP relative to the corresponding share for the world), productivity, and human well-being.

The report further highlights that the main factors triggering the Mauritian success, are mainly the commitment of the Government to its programme, links to a national economic agenda, cost effective and reliable infrastructure, effective planning and management and business friendly administration and procedures for investors.

Regarding the human well-being index which comprises GDP per capita and the share of formal employment in the labour force, the report states that Mauritius stands out mainly because of its high GDP per capita ahead of Botswana, South Africa, and Gabon.

ACET is an economic policy institute supporting Africa’s long-term growth through transformation. Its vision is that by 2025 all African countries will drive their own growth and transformation agendas, led by the private sector and supported by capable states with good policies and strong institutions. ACET looks at transformation as a broad framework for growth and development and identifies best practices from Africa and beyond. It seeks to investigate the drivers of economic transformation; examine the progress, platform, and prospects for transformation for African countries; and identify each country’s most promising pathways to transformation.

03 March 2014

Guardrisk and MMI Holdings transaction finalised

The sale of Guardrisk to MMI Holdings, which was announced in November 2013, has now been approved by the Financial Services Board and the South African competition authorities. The transaction - which was approved by the Competition Tribunal without any conditions - comes into effect on 3 March 2014. The relevant authorities in Mauritius and Gibraltar have also approved the transaction in relation to Guardrisk's operations in these two jurisdictions.

"We are pleased that the transaction has now been finalised and we look forward to welcoming Guardrisk into the MMI Holdings family. The Guardrisk transaction demonstrates our strategic intent to grow our business through diversification. This is a significant milestone for both our companies as we continue to pursue and realise growth both locally and outside of South Africa," says Nicolaas Kruger, CEO MMI Holdings.

According to Herman Schoeman, Guardrisk Managing Director, being part of MMI Holdings, a JSE-listed financial services group, will provide many exciting new growth opportunities for the Guardrisk group of companies, which is South Africa's leading specialist-insurance group.

Schoeman, who will continue to lead the company along with the current management team, foresees that the new partnership will enhance both businesses' offerings to clients as well as personal and career growth opportunities for Guardrisk employees.

"In an industry where the scarcity of skills is a key factor, the Guardrisk team brings to the table some of the country's top alternative risk transfer skill and experience," says Schoeman.

The purchase price of R1.6 billion will be funded from MMI's capital buffer.

01 March 2014

Seychelles financial services sector gets new regulator

Seychelles' newly created Financial Services Authority (FSA) has started operations and launched its website at a photo exhibition this morning, formalizing its role as the country’s new regulatory body of corporate services providers, securities exchange, insurance and other related businesses since March 1.

FSA replaces the Seychelles International Business Authority which has since 1995 held the dual roles of regulating and marketing of the Indian Ocean archipelago’s financial services sector.

Speaking at the exhibition this morning, Seychelles Finance, Trade and Investment Minister Pierre Laporte said, "another piece of history is being written in the financial sector, which has been in existence since two decades."

He said that two different agencies will be tasked with the regulation and promotion of the Seychelles financial sector.

FSA will now act the regulatory body while the Seychelles Investment Board will be solely responsible for the promotion and marketing of the Seychelles jurisdiction.

"This is happening during challenging times, which see the transformation of the industry," said Laporte.

Like SIBA, the FSA will be managed by a board of directors provided for by the Financial Services Authority Act.

Wendy Pierre, who was previously the CEO of SIBA, now heads the FSA.

"In two decades, the Seychelles’ financial sector has matured in collaboration with the Seychelles Central Bank and now more than ever before it has a commitment to deliver," said Wendy Pierre.

During the exhibition, three agreements were signed; Memoranda of Understanding between the FSA and the Seychelles Central Bank, the Seychelles Fair Trading Commission and the Seychelles Investment Board.

Seychelles' offshore financial services sector has grown over the years, from 650 International Business Companies in 1996 to 140,000 presently. There are also about 1,000 registered trusts and over 300 foundations.

In November 2013 Seychelles National Assembly approved amendments to some sections of the 1994 International Business Companies Act and the inclusion of a new section to ensure that the law and offshore sector are in line with international standards and the Organisation for Economic Co-operation and Development (OECD) recommendations.

The OECD in 2013 categorised the Seychelles jurisdiction as "non-compliant" in terms of tax transparency rules, along with Switzerland and Cyprus. Seychelles defended its reputation, saying it was committed to implementing internationally agreed tax standards but that delays were experienced in introducing new legislation following two elections.

IFC Forum response to the Cayman Islands Government consultation on beneficial ownership

IFC Forum formal response to the public consultation released by the Cayman Islands Government in respect of policy decisions on beneficial ownership tracking, recording and verification, in line with the G8 action plan.

IFC Review - Tax Cooperation, Past, Present & Future: What is now acceptable in information exchange?

Professor Allison Christian considers the legality of the US IGAs stemming from FATCA with the proposition that they are indeed treaty overrides and asks, if they are, why are so many countries around the world prepared to enter into them.

IFC Review: Due Diligence – Flight Capital

In this month's column, Burke Files delves deeper into the world of due diligence, examining potential signs that may signal opportunities in new markets.

IFR Review: In the Chair with Mark Simmonds MP

Part of Mark Simmonds MP’s remit at the Commonwealth Office is providing support for the Overseas Territories. IFC Media spoke to Mr Simmonds about what this support entails, particularly with relation to the IFCs that some of the OTs host.

IFC Review - Transparency & Trust: The Problem with Beneficial Ownership

With the announcement of a beneficial ownership registry in the UK, Anna Steward looks at potential conflicts and the need for balance between transparency & confidentiality. 

IFC Review: Challenges for Wealth Structuring in Asia - and a Potential Solution

With the unique needs of Asian clients comes unique structures designed to cater to their needs, Paul Christopher, Mourant Ozannes examines the exciting structures available to Asian clients.

IFC Review: Hong Kong Financial Reform – Viva La Resolutión!

With inevitable change on the horizon, Alan Ewins examines Hong Kong's progress in taking the initiative in implemention financial reform

28 February 2014

Mauritius: Amendments to the FSC Guide to Global Business

Section 71(6) of the Financial Services Act 2007 has been amended by the Economic and Financial Measures (Miscellaneous Provisions) Act 2013 to provide greater flexibility for Category 1 Global Business Companies (GBC1s) to conduct business in Mauritius, subject to such restrictions, terms and conditions as may be provided in any guidelines issued by the FSC.

Sections 4 and 5 of Chapter 4 of the Guide to Global Business have been amended to provide guidance to investors and service providers with respect to the determination of conduct of business by GBC1s.

The FSC will take appropriate actions where a holder of a Category 1 Global Business Licence fails to comply with any guidelines or Rules issued by the FSC.


27 February 2014

The Lawyer - 2014 Offshore Top 30 rankings and analysis

The Lawyer’s annual survey of the 30 biggest offshore firms shows the offshore legal market had a solid 2013, with several firms reporting double-digit increases in turnover and a pronounced pick-up in activity levels.

See the full analysis of this year’s survey, The byteback begins, and the offshore top 30 rankings.

26 February 2014

Six Senses to open on the private island of Félicité in the Seychelles

Adding to their wealth of experience operating extraordinary Indian Ocean resorts, Six Senses Hotels Resorts Spas announces their first resort in the Seychelles called Six Senses Zil Pasyon. Scheduled to open in 2015, the resort is located on the private island of Félicité. The island is approximately 55 kilometers, or 30 nautical miles northeast of Mahe, with access by helicopter from the International Airport or a short boat ride from neighbouring La Digue and Praslin islands.

Félicité is one of the most dramatically beautiful isles in the 115-island nation featuring massive granite boulders that fringe the shoreline and create an air of drama and mystery. Measuring 264 hectares (652 acres), the resort will create a very personal destination that embraces nature whilst offering every creature comfort. A sanctuary within the natural environment, the island features prolific indigenous and abundant flora and fauna – the ideal site for a Six Senses project and the sole resort on the island. Six Senses Zil Pasyon will be located on the north side of the island and will occupy less than one third of the total land.

With just 28 one-bedroom villas, two (2) two-bedroom villas and 17 private residences, all with private pools, Richard Hywel Evans of Studio RHE has created an oasis of serenity encircled by the Indian Ocean, while Six Senses will oversee interior design.

The resort will include two restaurants, a bar, retail outlets, a recreation center and Six Senses Spa in addition to a well-appointed gym and swimming pool. It will also provide intimate function space ideal for board meetings, weddings and special celebrations.

White sandy beaches and azure waters compliment the picturesque landscape of untouched beauty, offering guests the opportunity to swim with turtles right off the main beach. There are unsurpassed vistas of the ocean and surrounding islands from the higher points on the island.

“It is a great honour for Six Senses to be selected as the resort operator by Félicité Island Development Limited,” said Bernhard Bohnenberger, president of Six Senses Hotels Resorts Spas. “The island of Félicité is absolutely gorgeous and we eagerly look forward to creating a rich Six Senses experience for our guests on this pristine private island.”

“The development of Six Senses Zil Pasyon on Félicité Island is the result of visionary ambition of the shareholders and the Zil Pasyon team resulting in this rare luxurious and ecologically sensitive development offering,” said Francis Savy, director of Félicité Island Development Limited. “It will expose Six Senses values across all touch-points with a genuine unified message - delivering on the promise.”

“We are extremely pleased to be partnering with Six Senses,” said Kishore Buxani, director of Félicité Island Development Limited who signed the agreement with Bohnenberger. “We truly believe the combination of our island development and the brand will create a truly unique and exceptionally memorable experience for our guests.”

Seychelles offers a myriad of water sports alternatives including diving, snorkeling, sailing, windsurfing, yacht charter and island-hopping boat trips. Located outside the cyclone belt, it offers year-round activities. In addition, there are numerous scenic and inspirational walking trails amidst the islands lushness. Offering perpetual summer, Seychelles is also a popular and favoured destination for weddings and honeymoons.

The parties were advised by Jones Lang Lasalle Hotels (Singapore) and Mukesh Valabhji of the Capital Management Group (Seychelles). 

About Six Senses Hotels Resorts Spas

Six Senses Hotels Resorts Spas is a hotel and spa management company comprised of nine resorts and 28 spas under the brand names Six Senses, Evason and Six Senses Spa.

Set to double in size over the next three years, Six Senses operates resorts in far-flung locations featuring incredible natural beauty. Known for its unique and diverse design personality, each property is supported by a leadership commitment to community, sustainability and wellness.

Six Senses Spa offers a wide range of holistic wellness, rejuvenation and beauty treatments administered under the guidance of expert therapists. Six Senses Spa is also located in prestigious hotels and resorts around the globe.

Evason introduces a collection of unique resorts that follow the Six Senses philosophy of uncompromised responsibility to sustainability and to the community. Family friendly, these properties also provide a strong value focus while offering a vast array of guest services and personal attention.

19 February 2014

Chairman Hensarling Delivers Opening Statement at Hearing on Monetary Policy and State of the Economy

We welcome Chair Yellen for her first of many Semi-Annual Humphrey-Hawkins appearances before our Committee. 

Chair Yellen, you may recall that just two months after Alan Greenspan became Fed Chairman in 1987 the stock market crashed. At that time Paul Volcker sent him a short note that read: “Congratulations. You are now a central banker.” Chair Yellen, you face the daunting prospect of unwinding a Fed balance sheet, the size and composition of which we have never seen before, all of this in the face of an economy that is under-performing at best. So allow me to paraphrase: “Congratulations, you are now the Chair of a Central Bank.”

Chair Yellen, we look forward to working with you to ensure that the Federal Reserve has the tools it needs to operate effectively into the next century. We also look forward to working with you closely as this Committee embarks upon its year-long Federal Reserve Centennial Oversight Project. Any agency or bureau of government that is 100 years old probably needs a good check-up, especially one as powerful as yours. And I remind all, independence and accountability are not mutually exclusive concepts.

Perhaps the most critical issue we must examine is the limit of monetary policy to actually promote a healthy economy. We have now witnessed both the greatest fiscal and monetary stimulus programs in our nation’s history, and the results could not be more disappointing. Despite being almost five years into the so-called Obama recovery, we still see millions of our fellow citizens unemployed or underemployed, shrinking middle income paychecks and trillions of dollars of new unsustainable debt. 

Why is the non-recovery recovery producing only one-third the growth of previous recoveries? By one estimate, the Obama administration has imposed $494 billion in new regulatory costs upon our economy. From the two-and-a-half million jobs the CBO has now announced Obamacare will cost us to the incomprehensible Volcker Rule, business enterprises are simply drowning in regulatory red tape as they attempt to expand and create more jobs. Monetary policy cannot remedy this. 

What else is different from previous recoveries? The largest tax increases in American history. More than $1.5 trillion in higher taxes from both the fiscal cliff agreement and Obamacare. And these taxes principally fall upon small businesses, entrepreneurs and investors -- again, as they try to bring about a healthier economy and create jobs. Monetary policy cannot remedy this either. 

What else is different? Fear, doubt, uncertainty and pessimism that has arisen from the erosion of the rule of law. Never before in my lifetime has more unchecked, unbridled discretionary authority been given to relatively unaccountable government agencies. We are slipping from the rule of law to the rule of rulers. To punctuate this point, the President recently reminded us he has a pen and phone to essentially enact whatever policies he alone sees fit. Regrettably, he doesn’t seem to have handy a copy of the Constitution. I suppose the Fed could send him one, and perhaps throw in a copy of of Milton Friedman’s Capitalism and Freedom, although I doubt it would do much good.

There are clearly limits to what monetary policy can achieve but much it can risk. Thus, the roughly three-and-a-half trillion dollar question remains whether QE3 will continue to taper slowly, whether it will end abruptly, or simply morph into QE infinity? We look forward to hearing the Chair’s thoughts and intentions on the matter. 

As part of our Centennial Oversight project, QE will also cause our Committee to thoroughly examine the Federal Reserve’s unprecedented role in credit allocation, a focus distinct from its traditional role in monetary policy. Should the Fed pick distinct credit markets to support while ignoring others? This creates clearly winners and losers and under the Fed’s current policies seniors on fixed incomes are clearly losers as we continue to witness the blurring of lines between Fiscal and monetary policy.

This committee will also examine the Federal Reserve’s role as a financier and facilitator of our President’s unprecedented deficit spending. Since the Monetary Accord of 1951 between the Federal Reserve and the Treasury is has been clear that the Federal Reserve should be independent of the President’s fiscal policy. The question is, though, is it?

We will also consider how the Federal Reserve has undertaken the expansive new banking regulatory powers it obtained under the Dodd-Frank Act, and why it fails to conduct formal cost-benefit analysis. We will also consider whether Dodd-Frank has constrained the Fed’s 13(3) exigent powers properly, and precisely what should its role of lender of last resort be. 

We will closely examine an old debate in monetary policy between rules and discretion. During successful periods in the Federal Reserve’s history, like the Great Moderation of 1987-2003, the central bank appeared to follow a clear rule. Today it seems to favor a more amorphous forward guidance, shifting from calendar-based, to tight thresholds, to loose thresholds which arguably leaves investors and consumers lost in a hazy mist as they attempt to plan their economic futures and create a healthier economy.

Chair Yellen, I look forward to working with you as we examine these issues and to ensure that in the 21st century the Federal Reserve has a well-defined, specific mission, that it has both the expertise and resources to effectively accomplish.

Panel I

The Honorable Janet L. Yellen, Chair, Board of Governors of the Federal Reserve System
Monetary Policy Report, 11 February 2014

Panel II

Dr. John B. Taylor, Mary and Robert Raymond Professor of Economics, Stanford University
Dr. Mark A. Calabria, Director, Financial Regulation Studies, Cato Institute
Ms. Abby M. McCloskey, Director, Economic Policy, American Enterprise Institute
Dr. Donald Kohn, Senior Fellow, Economic Studies, Brookings Institution

18 February 2014

Mauritius: Advertisement by Global Business Corporations & Applicants for Global Business Licence

CL140214 – 18 February 2014

CIRCULAR LETTER - CL140214

To: Management Companies &
      Applicants of Global Business Licences

Dear Sir/Madam,

ADVERTISEMENT BY GLOBAL BUSINESS CORPORATIONS & APPLICANTS FOR GLOBAL BUSINESS LICENCE

This Circular Letter is issued by the Financial Services Commission (the “Commission”) in line with its statutory mandate to take measures for the better protection of consumers of financial services and to ensure the sound conduct of business in the financial services and the global business sectors.

It has come to the attention of the Commission that some companies which have submitted an application for a Global Business Licence to the Commission are advertising that they are licensed and/or regulated by the Commission, prior to the Licence being granted.

The Commission reiterates that the submission of an application for a Licence to the Commission does not mean that a Licence has been granted nor that the applicant can assume that a Licence will be granted. You may refer to the Press Communiqué dated 17 April 2013.

Your attention is also drawn to section 31 of the Financial Services Act 2007, which provides that:

“No person, other than a person licensed, authorised or approved under a relevant Act, shall publish or cause to be published an advertisement in connection with the conduct of an activity or provision of a service which requires a licence, approval, authorisation or registration under a relevant Act”.

Applicants for the Global Business Licences are hereby informed that any company that falsely holds itself out as holding a license issued by the Commission will be subject to regulatory actions by the Commission.

Furthermore, as service providers to Global Business Companies, Management Companies are requested to exercise due care in their business relationship with their clients and to ensure that the Global Business Companies under their administration do not publish or cause to be published an advertisement which is unclear, false or misleading.

Yours faithfully,

Clairette Ah-Hen 
Chief Executive

Insight Report: Regulation in Global Banking

Prior to the economic downturn, financial services companies primarily employed high financial leverage to increase profitability. However, these companies have now been pressured to deleverage and seek alternative sources of profit by the changed economic picture, a rise in regulatory mediation, and competitive issues. In this altered environment, a new operating model is needed, one rooted in attaining the primary relationship – or at least one of the main relationships – with the customer, recreating trust, and forging active customer relationships. However, the global financial institutions continue to face numerous tests to bring stability back in the financial system and win customer trust.

Basel III regulations aim to overcome the shortcomings of the Basel II regime, which failed to effectively address risk exposures in the banking industry. The new regime proposes stricter capital and liquidity requirements for banks to ensure they remain resilient to financial shocks. It has also upgraded internal risk assessment processes and disclosure requirements to bring more transparency in banks’ functioning. However, given the weak condition of banks due to rising regulatory pressures, operating costs and falling profit margins in several key economies such as the US and members of the European Union (EU), the timing of implementation remains uncertain, with migration to minimum capital requirements already delayed until the end of 2018.

Scope

  • This report provides an overview of the level of regulatory enforcement in the banking industry across various regions.
  • It discusses key factors which drive governments and regulatory bodies to formulate and implement these regulations.
  • It analyzes key operational and technological trends among banking institutions as a result of evolving regulatory dynamics and business environments.
  • It discusses the current and future outlook of the retail banking industry and its product classes as a result of these regulations
  • Outlines the market opportunities and challenges for retail banks due to changing regulatory landscape

Key highlights

Basel III is a comprehensive risk-based approach on capital adequacy and risk management for the banking industry, and aims to provide better protection to depositors and minimize firm failures. The project was initiated by the Basel Committee on Banking Supervision as an extension of the Basel II regulations to develop a revised set of capital-requirement and risk-management standards. Basel III is expected to enable banks to hold capital against market, credit and operational risks, and will consist of reform guidelines targeted at improving regulatory supervision and risk management for banks. 

In addition to Basel III reforms, regions such as America and Europe are registering significant shifts in their regional regulations. These regulatory changes are mostly in line with Basel III, but address domestic circumstances more effectively. In the US, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Credit Card Accountability Responsibility and Disclosure Act, among others, are expected to push banks to pay attention to the quality of their capital, lending practices and consumer protection.

In Europe, which remains heavily in debt after the financial crisis of 2008 and the eurozone crisis, regulators have taken an aggressive stance. The 2013 banking regulations such as Capital Requirements Regulation (CRR) and revised Capital Requirements Directive (CRD 4), combined with the Liikanen proposal to ring-fence retail depositors’ funds, are expected to overhaul the banking industry in the region. On the other hand, the Asia-Pacific, Middle East and African regions show relatively low activity in bringing in new regulations compared to their Western counterparts.

Money laundering, terrorist financing and tax evasion are major ongoing issues faced by the banking industry, leading to various regulatory reforms worldwide. In the US, the Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 to address tax evasion by US citizens via foreign financial institutions and some non-foreign financial entities (NFFEs).

Table of contents

1 Executive Summary
2 Dynamics of Banking Regulations
2.1 Global Snapshot
2.2 Key Drivers of Changing Regulatory Landscape
3 Analysis of Emerging Banking Regulations
3.1 Global Development – Basel III
3.1.1 Basel III framework
3.1.2 Basel III capital requirement timeline
3.1.3 Comparative assessment of capital requirements under Basel II and Basel III
3.2 Regional Developments in the Americas
3.2.1 The Dodd-Frank Wall Street Reform and Consumer Protection Act, 2010
3.2.2 Credit Card Accountability Responsibility and Disclosure Act (Card Act) of 2009
3.2.3 FATCA and AML Regulations
3.2.4 Developments in Canada and Latin America
3.3 Regional Developments in Europe
3.3.1 Capital Requirements Regulation (CRR) and revised Capital Requirements Directive (CRD 4)
3.3.2 The Liikanen proposal and structural reforms
3.3.3 SEPA cards framework
3.3.4 The Payment Services Directive (PSD)
3.3.5 Financial crimes and tax evasions
3.3.6 Resolution planning and protecting customer assets
3.4 Regional Developments in Asia-Pacific
3.4.1 AML regulations
3.4.2 Financial crimes and tax evasion
3.4.3 Other key developments
3.5 Regional Developments in the Middle East and Africa
4 Emerging Trends and Challenges
4.1 Operational Trends
4.2 Technology Trends
4.3 Key Challenges
5 Impact Assessment on Business and Opportunities
5.1 Impact on Key Business Lines and Corporate Structure
5.1.1 Impact of products and services
5.1.2 Impact on corporate structure
5.2 Operational and Functional Opportunities
5.3 Mergers and Acquisitions
5.3.1 Global banking industry: M&A activity expectations
5.4 Recommended Actions
6 Appendix
6.1 Methodology
6.2 Contact Timetric
6.3 About Timetric
6.4 Timetric’s Services
6.5 Disclaimer

List of tables

Table 1: Examples of Punitive Actions by Regulators
Table 2: Treatment of New Capital Buffers
Table 3: Key Deductions and Adjustments in Calculation of Tier 1 Capital
Table 4: G-SIFIs Corresponding to their Additional Capital Requirement
Table 5: FATCA Regulations and Impacts
Table 6: US Accounts Held By Financial Institutions and Reporting Guidelines
Table 7: Exempted Offshore Institutions and Products
Table 8: AML Regulations Enacted or Amended in the US, 1970–2004
Table 9: Evolution of AML Regulations in the UK, 1993–2012
Table 10: Documentation Under KYC Process
Table 11: Basel II Implementation in Egypt
Table 12: Global AML Compliance Spending (US$ Million), 2008–2017
Table 13: Global Banking Industry: M&A Activity Expectations (%), 2013–2014

List of figures

Figure 1: Levels of Regulatory Pressure in Key Regions
Figure 2: Adoption of Basel III in Member Countries
Figure 3: The Basel III Framework
Figure 4: Basel III Timelines for Capital Requirements
Figure 5: Basel II vs. Basel III
Figure 6: Basel III Preparedness in America, March 2013
Figure 7: Completed and In-Process Agreements with Offshore Economies, February 2013
Figure 8: Basel III Preparedness in Europe, March 2013
Figure 9: Basel III Preparedness in Asia-Pacific, March 2013
Figure 10: Impact of AML Regulations on Financial Institutions in Hong Kong
Figure 11: Basel III Preparedness in Middle East and Africa, March 2013
Figure 12: AML Regulatory Developments, 2010–2013
Figure 13: Online Security Device
Figure 14: Expected Capital Charges Under Solvency II for Different Asset Classes
Figure 15: Global AML Compliance Spending (US$ Million), 2008–2017
Figure 16: Regulatory Impact on Key Business Lines and Structure
Figure 17: Transaction Costs for Financial Institutions
Figure 18: M&A and Insurance Firms
Figure 19: Global Banking Industry: M&A Activity Expectations (%), 2013–2014
Figure 20: Key Recommendations