Thursday, 23 November 2017

DFSA in Action 2017

The Dubai Financial Services Authority (DFSA) has pubished its DFSA in Action 2017 report. The highlights from the report are below.

As at 30 September 2017:
  • 45 new licences issued. 
  • 59 applications accepted. 
  • 457 Authorised Firms regulated by the DFSA. 
  • Regulatory oversight for 16 Registered Auditors, 119 Designated Non-Financial Businesses and Professions, 62 Recognised Members, 34 Reporting Entities and 2 Authorised Market Institutions.

Highlights
  • The Dubai International Financial Centre (DIFC) has strongly emerged as a reinsurance hub for the Middle East and Africa benefitting from growing expertise, wider product offerings and increased underwriting capacity.
  • There has been a rise in asset management applications.
  • Funds activity in the DIFC has increased. The DFSA has processed 11 fund applications so far this year). The Qualified Investor Fund (QIF) regime attracted five Funds, four Exempt Funds and 2 Public Funds including a Real Estate Investment Trust listed on Nasdaq Dubai.
  • In May the DFSA introduced the Innovation Testing Licence - a special class of financial services licence that allows FinTech firms to develop and test innovative concepts from the DIFC.
  • In August the DFSA introduced a bespoke framework for loan and investment crowdfunding platforms (a first for the GCC).
Reports

The final report of the review of Client Classification and Suitability will be available this quarter. The main findings were:
  • Failure to document client assessment in respect of client knowledge and experience.
  • Failure to record the sub-category of Professional Client classification assigned to clients in accordance with Section 2 of the COB Rulebook Module. 

The final report of the financial crime thematic review will be available this quarter. The report highlighted the need to improve the quality of Business AML Risk Assessments and transaction monitoring frameworks. 

The outcome from the Survey of Authorised firms in the DIFC to better understand the risk arising from the use of cloud storage will be published soon. 

Consultation Papers issued
  • Consultation Paper No. 109 Crowdfunding: SME Financing Through Lending
  • Consultation Paper No.110 DFSA Fees (+ Feedback Statement on CP110 DFSA Fees)
  • Consultation Paper No.111 Crowdfunding: SME Financing Through Investing
  • Consultation Paper No.112 Testing Fintech Innovations in the DIFC 
  • Consultation Paper No.113 Capital Requirements Review
  • Consultation Paper No.114 Liquidity Requirements Review
HOLT consultancy can help you to set up in the DIFC and obtain a licence from the DFSA to operate as a regulated firm. Contact us now on info@holtconsultancy.com or call +9714 386 6360.

For more information about our services please visit www.holtconsultancy.com

Tuesday, 21 November 2017

DIFC Arts Night - November 2017


Dubai International Financial Centre (DIFC) held its biannual Arts Night on 1st November and some of the HOLT consultancy team attended. 



The event showcased installations from both local and international artists.  






Thank you to Mackline Martin for providing photographs of some of the installations for our post.

Thursday, 16 November 2017

HOLT consultancy is recruiting for a Compliance Officer









Compliance Officer

HOLT consultancy LLC is an award winning professional compliance and risk management service provider, based in the DIFC. It was established in 2012 and this year celebrates its 5th anniversary. Its reputation within the DIFC has attracted some large clients who require expertise in licence applications and outsourced Compliance Officer and Money Laundering Reporting Officer (MLRO) services.

We are a friendly team who work closely together to develop our clients’ businesses through premier quality and expert execution. Our vision is to be the premier choice for companies when selecting a professional compliance and risk management service provider.

HOLT consultancy is growing and an opportunity has arisen for a Compliance Officer to join the team.

In order to be successful, applicants should meet the skills and experience detailed below. 

Applications will only be accepted from candidates who are currently or have been previously registered with the DFSA.

Responsibilities will include:

  • Assisting clients in obtaining authorisation with the DFSA;
  • Acting as the outsourced Compliance Officer and MLRO for DFSA Authorised Firms;
  • Drafting and updating compliance and AML manuals, policies and procedures as well as compliance plans and compliance monitoring programmes;
  • Delivering specialist training to clients on compliance, AML and corporate governance;
  • Providing compliance and AML related advice to clients;
  • Participating in ad-hoc Compliance and AML related projects;
  • Keeping abreast of any changes in rules and regulations within the DIFC.

Desired skills and experience:

  • At least 3-5 years of experience in a compliance role;
  • Currently or previously registered with the DFSA;
  • Detailed knowledge of DFSA rules and regulations;
  • Very good knowledge of Investment Funds, Private Banking and Investment Banking;
  • Strong written and verbal skills in English;
  • The ability to work autonomously as well as within a team;
  • Excellent interpersonal and relationship management skills;
  • Self-directed with an ability to manage multiple tasks and to work under pressure;
  • Degree educated.          

Candidates are invited to send a CV to info@holtconsultancy.com. Please ensure you include your contact details along with your current job status and, if relevant, your notice period.

To find out more about HOLT consultancy, our services and the team please visit our website at www.holtconsultancy.com.

HOLT consultancy LLC
Office 418
Liberty House
Dubai International Financial Centre
Dubai
United Arab Emirates

Email: info@holtconsultancy.com
Tel: +971 4 386 6360
Blog: 
www.holtconsultancy.blogspot.com
Website: www.holtconsultancy.com
Twitter: www.twitter.com/holtconsultancy

Monday, 30 October 2017

HOLT consultancy celebrates its 5th anniversary

Since 30 October 2012 when Ben Holt, CEO established HOLT consultancy, it has achieved significant growth in size, services offered and reputation.

The company has grown to a team of 9 professionals with experience ranging from private banking, asset management, (re)insurance, corporate finance and more, which means HOLT consultancy is best placed to match the experience of the team member to the type of client.  

In 2014, HOLT consultancy won the award for Best Consulting Firm of the Year at the Thomson Reuters Governance, Risk and Compliance Awards, 8th GCC Regulators Summit in Dubai. 

Its reputation within the DIFC has attracted some large clients who require expertise in licence applications and outsourced Compliance Officer and Money Laundering Reporting Officer services.

HOLT consultancy’s clients include (re)insurance companies, companies providing asset management, wealth management, private banking, investment banking (M&A, corporate and project finance, trading, research etc) and the funds businesses.  

Main offerings of HOLT consultancy    

  1. Applications and authorisation – providing assistance with the licence application process for companies seeking to set up in the DIFC (both non-regulated as well as regulated companies).
  2. Compliance support - being a retained outsourced Compliance Officer/MLRO or mentoring new or less experienced Compliance Officers/MLROs.
  3. Compliance reviews – these could be focused on a specific area of the business or a general health check to assess whether a firm’s systems and controls are functioning as they should.
  4. Drafting Compliance Manuals, Anti Money Laundering Manuals, policies, procedures and designing systems and controls to mitigate risk.
  5. Training – they assist clients in providing a wide range of regulatory, Compliance and Anti-Money Laundering & Counter Terrorist Financing related training.

Ben Holt, CEO said “We want to say thank you to our clients, the DFSA and the DIFC who have worked with us over the past 5 years. Our close relationships with all stakeholders means that HOLT consultancy can truly add value to their business. I would also like to thank all HOLT consultancy employees for their professionalism and commitment over the past 5 years” 

HOLT consultancy’s vision is to be the premier choice for companies when selecting a professional compliance and risk management service provider.

HOLT’s mission is to develop their client's business through premier quality and expert execution by focusing on their needs and providing business solutions. They strive to offer a service that exceeds expectations through its commitment to clients, adding maximum value to their business and protecting their reputation.

If HOLT consultancy can help you meet your compliance requirements, please contact us by email using info@holtconsultancy.com or call +971 4 386 6360.

Wednesday, 20 September 2017

Politically Exposed Persons

There is no single definition for a Politically Exposed Person (PEP), however, broadly speaking, it refers to those individuals who have or have had a high political profile, or hold or have held public office.

The Financial Action Task Force (FATF) defines a PEP as:

“An individual who has been entrusted with a prominent public function”[1]

The Dubai Financial Services Authority provides the following definition:

“A natural person (and includes, where relevant, a family member or close associate) who is or has been entrusted with a prominent public function, including but not limited to, a head of state or of government, senior politician, senior government, judicial or military official, ambassador, senior executive of a state owned corporation, or an important political party official, but not middle ranking or more junior individuals in these categories.”[2]

PEP status itself does not, of course, incriminate individuals or entities and there are many PEPs who do not abuse their position and will not represent any additional risk because of their status. It may, however, put a client into a higher risk category. 

PEPs can pose a higher AML risk to financial institutions who may be exposed to criminally derived money generated by corruption. 

Individuals holding senior positions who have, for example, authority over or access to government funds are exposed to the possibility of corruption and could misuse their power and influence for personal gain or advantage such as diverting funds for their own benefit or taking bribes.

Juthamas Siriwan, the previous governor of the Tourism Authority of Thailand (TAT), responsible for disbursement of TAT funds, was sentenced in 2017, to 50 years in prison for corruption.  Juthamas Siriwan had accepted a bribe from US film makers Gerald and Patricia Green for around $1.8m to award them TAT contracts between 2002 and 2007 including the festival management contract for the Bangkok Film Festival, allowing the Greens to generate more than $13.5m in revenue. The money was transferred from the business bank accounts belonging to the Greens to various bank accounts in the UK, Jersey and Singapore set up in the name of Jittisopa Siriwan. Jittisopha Siriwan, the daughter of Juthamas was sentenced to 44 years in prison for assisting in hiding the money in overseas bank accounts. The Greens were convicted under the Foreign Corrupt Practices Act.

PEPs include:

Domestic PEPs
Those individuals holding prominent public positions within their home country, e.g. senior politician.

Foreign PEPs
Individuals holding prominent public functions in a foreign country e.g. senior executives of state owned entities.

Immediate family members or close associates
Family members of PEPs such as spouse or partner, children, parents and siblings.

PEPs may use family members or close associates to help them conceal funds or assets misappropriated from bribery, corruption or misuse of their position.

Close associates include individuals who hold joint beneficial ownership of a legal entity with a PEP e.g. a business partner.

James Ibori, a former governor of Delta State in Nigeria pleaded guilty in 2012 to stealing money from the state and laundering the funds. News articles report that the total sum embezzled could exceed $250m. His wife, sister, mistress and solicitor were convicted of money laundering. http://www.bbc.com/news/world-africa-17181056

In compliance with the DFSA Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Module firms regulated by the DFSA must comply with the following:

Where a customer, or a beneficial owner of the customer, is a Politically Exposed Person, a Relevant Person must ensure that it:
- increases the degree and nature of monitoring of the business relationship, in order to determine whether the customer’s transactions or activities appear unusual or suspicious; and
- obtains the approval of senior management to commence a business relationship with the customer.

Useful sources of information:
Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Module (AML) [VER13/02-17] - http://dfsa.complinet.com/en/display/display_main.html?rbid=1547&element_id=20015

FATF Guidance: Politically Exposed Persons (Recommendations 12 and 22) http://www.fatf-gafi.org/publications/fatfrecommendations/documents/peps-r12-r22.html

Transparency International – Corruption Perceptions Index 2016 by country - https://www.transparency.org/news/feature/corruption_perceptions_index_2016#table

Know Your Country - Money Laundering Risk ranking table by country - https://www.knowyourcountry.com/country-ratings-table

Monday, 24 July 2017

Customer Due Diligence and Know Your Customer

Rigorous Know Your Customer and Customer Due Diligence arrangements help to protect a firm's reputation and the integrity of the financial system by reducing the likelihood of regulated firms becoming a vehicle for, or a victim of, financial crime and suffering consequential reputational damage. Inadequacy of KYC and CDD standards can expose a firm to serious business operation and control risks.

The Financial Action Task Force (FATF) recommends basic CDD measures as follows:
  • Identifying the customer and verifying that customer’s identity using reliable, independent source documents, data or information.
  • Identifying the beneficial owner, and taking reasonable measures to verify the identity of the beneficial owner, such that the financial institution is satisfied that it knows who the beneficial owner is. For legal persons and arrangements this should include financial institutions understanding the ownership and control structure of the customer.
  • Understanding and, as appropriate, obtaining information on the purpose and intended nature of the business relationship.
  • Conducting ongoing due diligence on the business relationship and scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution’s knowledge of the customer, their business and risk profile, including, where necessary, the source of funds.       
Source: The FATF Recommendations - updated June 2017 - http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF%20Recommendations%202012.pdf 

A customer risk assessment is carried out before a firm establishes a business relationship with a customer followed by Customer Due Diligence. The risk assessment evaluates the extent to which that customer exposes it to a range of risks including involvement in money laundering and a risk rating is assigned to that customer. Information required includes:
  • Who is the customer?
  • Who is the beneficial owner?
  • Where is the customer located? Where do they live? Where are their assets located?
  • What is the customer's business?
  • Where is their business (or businesses) located?
  • What is the structure of the business? 
  • Why is the customer looking to establish the business relationship?
  • Which products/services do they require?
  • What is the customer's source of wealth and source of funds?
  • Is the customer a Politically Exposed Person (PEP)?
CDD will be conducted to obtain / verify the information required, appropriate to the risk rating ie Simplified CDD or Enhanced CDD.

For full details of CDD requirements as per the Dubai Financial Services Authority’s Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Module see http://dfsa.complinet.com/net_file_store/new_rulebooks/d/f/DFSA1547_20015_VER130.pdf  

Useful websites include:
If you need Anti-Money Laundering training or require AML manuals please contact us by email at info@holtconsultancy.com or telephone +971 4 386 6360.

Thursday, 29 June 2017

Compliance in the DIFC

The following article was published on the Business Inside Reporter website as part of its CEO Reports 2017 Middle East Region feature.
 
To read other CEO Reports, please visit http://businessinsidereporter.com/category/ceo-reports.  
 
Ben Holt started HOLT consultancy in October 2012 after 8 years of working as Head of Compliance in the MENA region for HSBC, Societe Generale and latterly Barclays. He could see there was a gap in the market for a high quality, niche compliance consulting firm, one which was smaller with a sole focus to put the needs of clients above all else. This is when he thought of creating a firm which was flexible enough to react to the unique situations which regulated firms in the DIFC can sometimes find themselves in and be able to respond dynamically and provide meaningful assistance. Over the past four and a half years, HOLT consultancy’s reputation in the market is testimony to the fact that they have been able to achieve this and add real value to their client’s business.
 
Central to HOLT consultancy’s success has been recruiting and retaining some fantastic people. A company is nothing if it does not have the right staff in place to deliver its mission and that is something Ben believes in passionately. His vision was to recruit two senior compliance experts who would each lead a team in different industry sectors. Shamshad Khan looks after the investment banking/private banking/funds/asset management side while Natalie Hodgins specialises in (re)insurance. Both seniors have managed to recruit some absolutely stand-out consultants and their efforts combined are what makes HOLT consultancy not only a fun and enjoyable workplace but also one which delivers a quality, value added service to its clients.
 
Earlier in 2017, HOLT consultancy took the strategic decision to join the DIFC Insurance Association. HOLT consultancy provides advice and outsourced compliance services to a number of DIFC based (re)insurance firms. So, joining a professional body like the DIFC Insurance Association would enable HOLT consultancy to represent the best interests of their clients in a market that continues to grow and mature. 
 
Even at the early stages of HOLT consultancy’s existence, its successful approach to business meant that HOLT consultancy was awarded the 2014 Best Consulting Firm of the Year at the Thomson Reuters Governance, Risk and Compliance Awards, 8th GCC Regulators Summit in Dubai. 
 
Ben says “We are a relatively small firm. I purposely want to retain it at about the size it is now, possibly recruiting two or three additional consultants. I believe that keeping the firm at this size enables both myself as CEO and Shamshad and Natalie as seniors to retain effective oversight of everything which is happening and means that we can keep a good level of interaction from the top with all of our clients”.
 
Delivering a top-down service is essential to the success of HOLT consultancy. When employing one of its consultants, firms also buy the senior management team as they take relationship-building and ongoing maintenance extremely seriously. “How can I, as CEO, understand the nature of a problem a consultant may bring me if I do not know the dynamics of the client for whom they are working? It also demonstrates to clients that HOLT consultancy, as a whole, is committed to delivering a truly stand-out, value add compliance service” comments Ben.
 
He says recruitment is sometimes a significant challenge. Finding the right people with the right experience and knowledge of the DIFC/DFSA rules and regulations and with relevant qualifications can sometimes be problematic. They are always looking at the market for good quality candidates that can not only add real value to the HOLT consultancy business but also to its clients. 
 
The companies vision is very simple. They want to be the premier choice for companies when selecting a professional compliance and risk management service provider.
 
HOLT’s mission is to develop their client's business through premier quality and expert execution by focusing on their needs and providing business solutions. They strive to offer a service that exceeds expectations through its commitment to clients, adding maximum value to their business and protecting their reputation.
 
Main offerings of HOLT consultancy
  1. Applications and authorisation – they provide assistance with the licence application process for companies seeking to set up in the DIFC (both non-regulated as well as regulated companies).
  2. Compliance support - being a retained outsourced Compliance Officer/MLRO or mentoring new or less experienced Compliance Officers/MLROs.
  3. Compliance reviews – these could be focused on a specific area of the business or a general health check to assess whether a firm’s systems and controls are functioning as they should.
  4. Drafting Compliance Manuals, Anti Money Laundering Manuals, policies, procedures and designing systems and controls to mitigate risk.
  5. Training – they assist clients in providing a wide range of regulatory, Compliance and Anti-Money Laundering & Counter Terrorist Financing related training.
 
Their clients range from (re)insurance companies to companies providing asset management, wealth management, private banking, investment banking (M&A, corporate and project finance, trading, research etc) and the funds business. Effectively, the primary target is all financial services which are regulated by the Dubai Financial Services Authority (DFSA) in the DIFC.
 
Diversity and experience of their team – HOLT consultancy has employees who have experience ranging from private banking, asset management, insurance, corporate finance etc. They try to match the experience of the team member to the type of client, which results in the client being happy with the service they receive. 
 
Their consultants all have something different to offer and a large part of that shines through in their unique personalities. As Ben reiterates “relationships are at the centre of everything we do and our consultants are the focal point for nurturing and cementing these relationships with the people who are the face of our clients. I will not employ anyone I cannot engage with and relate to because if I can’t then the chances are HOLT consultancy clients will not either and that is not good for either party.”
 
HOLT consultancy is constantly looking towards innovation to enhance and develop their processes and procedures. They want to match the pace of change in this part of the world, thereby helping to facilitate change on behalf of its clients. This is exemplified by developments in the DIFC such as the FinTech Hive and Innovation Testing License which the DFSA has developed to allow qualifying FinTech firms to develop and test innovative concepts from within the DIFC, without being subject to all the regulatory requirements that normally apply to regulated firms.
 
“We have introduced a greater element of automation into the way in which we work and I see this only increasing in the future as regulation itself becomes more automated” Ben concluded.

If HOLT consultancy can help you meet your compliance requirements, please contact us by email using info@holtconsultancy.com or call +971 4 386 6360.