How to deal with multiple regulators in multiple jurisdictions

Abstract

Financial institutions are facing mounting compliance obligations as regulators place increased responsibility on them to combat financial crime. For financial institutions operating internationally, this has created the challenge of handling multiple regulators across multiple jurisdictions on matters of non-compliance. Non-US regulators have acquired, and continue to acquire, enhanced enforcement powers to investigate, levy fines and require remedial action of financial institutions on matters of non-compliance. Consequently, financial institutions must increasingly consider their compliance obligations across all their presence countries. The paper draws upon published sources, considering US and UK requirements predominantly, but also developments in Hong Kong, Singapore, France, Canada and Australia. It was reviewed, with input, by colleagues working in these locations. It argues that the increasingly complex global regulatory landscape combined with enhanced enforcement powers requires financial institutions to consider their regulatory obligations across jurisdictions in addition to meeting any US regulatory requirements. The paper provides practical suggestions for how to address an investigation for non-compliance whether internally or by one regulator or multiple cross-jurisdictional regulators (separately or as part of a global settlement). It is the intention of the paper to provide senior management in financial institutions an overview of what to consider during investigation, settlement and remediation of non-compliance with financial crime matters.