Basel III is done, what’s next?

SINGAPORE, 11 January 2018 — With the finalisation of Basel III, the regulatory agenda in Asia Pacific will now become firmly focused on the future, according to Deloitte’s Financial Service Regulatory Outlook for 2018. 10 themes for 2018 are identified in the publication, including the potential for divergence in global regulation and continuing pressures to improve industry culture and conduct, with a particular focus on individual accountability, industry codes and embedding customer centricity. Innovation, data management, digital disruption, and cyber resilience will also be top of mind for Asia Pacific supervisors. Looking further ahead, firms should expect growing regulatory interest in the opportunities and risks associated with climate change and ageing populations.

"A sense of “policy fatigue” has been taking hold from a global perspective, following a decade of intense post-crisis rule-making. This was apparent in the difficulties in reaching agreement on final calibrations to Basel III reforms, as well as slipping timelines for local implementation of international regulation," said Kevin Nixon, Global & Asia-Pacific Leader, Centre for Regulatory Strategy, Deloitte. However, “There is still a long tail of implementation ahead and firms will be under pressure from more intense supervision going forward. What is more, risks within the financial services industry continue to evolve and with this comes a shift and change in regulatory interest. This is very much evident in the intensity of supervisory activity around firm conduct, and also disruption and innovation."

“Support is growing for a simplification of the regulatory framework and a more proportionate approach to its application, particularly among developing markets and financial institutions with local operations in Southeast Asia,” shared Michael Rey, SEA Lead for the Deloitte’s Centre for Regulatory Strategy, Asia Pacific; citing Indonesia’s Otoritas Jasa Keuangan as an example, where the Central Bank has requested practical and adaptable Basel III capital regulations due to infrastructure limitations.

Echoing Kevin Nixon’s concerns on the pressures of implementation and intense supervision, Michael added, “Financial institutions in Southeast Asia, much like the rest of Asia Pacific, will focus on operationalising and embedding recovery and resolution planning, adjusting to IFRS 9 and preparing for Basel IV in the next year.”

The Deloitte Asia Pacific Centre for Regulatory Strategy report identifies the top ten themes that will shape financial services regulation in Asia Pacific during 2018. The themes are further grouped into four focus areas: the future of global regulation, culture and conduct, data and digital disruption, and emerging structural risks.

The future of global regulation
1. Dealing with divergence and uncertainty
The political trend in many countries around the world away from a globalist approach to policy making has raised questions about the future of globally agreed standards for financial regulation. While an element of uncertainty will remain, there is likely to be a slowing in the pace of regulatory integration (rather than a full scale reversal) and a focus on supervision (rather than new rule-making).

2. Managing the long tail of implementation
Although most of the large pieces of global regulatory reform have been finalised, and there will likely be a slowdown in new international rulemaking, there is still a long tail of implementation work ahead for Asia Pacific firms. Recovery and resolution planning, IFRS 9, and recent refinements to the Basel III framework will be particularly challenging.

3. Understanding the reach of foreign regulation
Even if global standard making and regulatory harmonisation slow, the internationally integrated nature of the financial system means that rules made in significant economies have an impact beyond national borders. For example, many firms in Asia Pacific have been struggling to understand how the EU’s MiFID II will apply to them.

Culture and conduct
4. Strengthening individual accountability
Some significant steps have been taken to enhance individual accountability in Asia Pacific and these will need to be embedded within firm governance frameworks. This is part of a global trend to increase individual accountability and responsibility for conduct, particularly for senior management.

5. An increasing emphasis on industry codes and professionalism
Reforming culture within FSI has been a priority for regulators across Asia Pacific and will continue to be in 2018. Alongside regulatory initiatives, ‘soft law’ techniques are being enlisted, such as ‘naming and shaming’, promoting compliance with ‘voluntary’ industry codes and encouraging greater professionalism within industry.

6. Building a customer-attuned business
Many regulators have expressed the view that prioritising customer outcomes is at the heart of improving culture and conduct within financial services firms. There is a focus on providing customers with suitable products and services, appropriate to their circumstances. Regulators are also beginning to ask firms to play a role in enhancing financial literacy. At the same time, regulators remain vigilant about strong anti-money laundering and counter-terrorism financing (AML/CTF) and customer due diligence.

Data and digital disruption
7. Knowing your data
In 2018, knowing your data will be as important as knowing your customer. Regulators continue to be disappointed with risk data capabilities within FSI. Regulators also want industry to be far more open and transparent with its data. At the same time, regulators are putting pressure on firms to have robust data protection and privacy programs in place.

8. Responding to the influence of TechFins
Harnessing opportunities and managing risks brought about by innovation in financial services has been a regulatory priority for the past few years; this will not change in 2018. The discussion is moving to the impact of the technology and e-commerce giants that provide financial services (‘TechFins’). Timing considerations on bringing TechFins within the regulatory remit, understanding and managing prudential and consumer risks, as well as preventing market abuse, will be on the minds of regulators.

9. Constructing a cyber resilient system
Regulators have expressed concerns about a cyber crisis in the system. Cyber resilience within individual firms will continue to be important for regulators in 2018, but resilience in the system as a whole will take on more prominence.

Emerging structural risks
10. Assessing the impacts of ageing populations and changing climates
Regulatory attention has turned to two looming developments: ageing populations and climate change. At first, these would not appear to be concerns with which financial services regulators have traditionally grappled, but they will, increasingly, be considered in supervisory approaches and work plans in 2018 and beyond, as they present risks and opportunities for financial services firms.

For more analysis and details on the report, please visit the Deloitte Asia Pacific Centre for Regulatory Strategy.

About Deloitte

Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as “Deloitte Global”) does not provide services to clients. Please see www.deloitte.com/about to learn more about our global network of member firms.

Deloitte provides audit, consulting, financial advisory, risk advisory, tax and related services to public and private clients spanning multiple industries. Deloitte serves four out of five Fortune Global 500® companies through a globally connected network of member firms in more than 150 countries and territories, bringing world-class capabilities, insights and high-quality service to address clients’ most complex business challenges. To learn more about how Deloitte’s approximately 264,000 professionals make an impact that matters, please connect with us on Facebook, LinkedIn or Twitter.

About Deloitte Southeast Asia

Deloitte Southeast Asia Ltd—a member firm of Deloitte Touche Tohmatsu Limited comprising Deloitte practices operating in Brunei, Cambodia, Guam, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam—was established to deliver measurable value to the particular demands of increasingly intraregional and fast-growing companies and enterprises.

Composed of 330 partners and more than 8,000 professionals in 25 office locations, the subsidiaries and affiliates of Deloitte Southeast Asia Ltd., combine their technical expertise and deep industry knowledge to deliver consistent, high-quality services to companies in the region.

All services are provided through the individual country practices, their subsidiaries and affiliates, which are separate and independent legal entities.