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Inside magazine issue 12 | Part 01 - From a digital perspective<br />

Outside of the EU—coping with<br />

disparate local rules<br />

Such harmonization is even more limited, if<br />

not non-existent, when looking at markets<br />

abroad. The servicing of clients in Dubai,<br />

Sao Paulo or Shanghai therefore requires<br />

compliance with disparate regulatory and<br />

tax schemes, increasing the risk for daily<br />

business activities.<br />

Risks and opportunities from crossborder<br />

business<br />

Looking beyond traditional borders allows<br />

banks and wealth managers to have access<br />

to larger pools of clients as well as retain<br />

and serve existing clients better. They<br />

are, however, facing several challenges<br />

inhibiting the development of a real crossborder<br />

strategy:<br />

and customer due diligence frameworks,<br />

which should take into account the specific<br />

regulatory requirements of the client’s<br />

country of residence. These changes in<br />

operations are often quite burdensome<br />

as the regulatory information is spread<br />

over many directives, laws and regulations,<br />

which deal with many different subjects.<br />

This causes a further increase in operating<br />

costs, and has a direct impact on the<br />

industry’s profitability.<br />

Coping with the new challenges<br />

Identifying the regulatory, compliance and<br />

tax risks associated with cross-border<br />

banking services is complex but essential<br />

for players to remain competitive.<br />

The complexity of cross-border business<br />

activities stems from the individual country<br />

requirements concerning investment<br />

The complexity of cross-border business<br />

activities stems from the individual country<br />

requirements concerning investment<br />

suitability, cross-border regulation and tax<br />

transparency: a country-specific so<strong>lu</strong>tion<br />

is therefore necessary.<br />

Digitization of such country-specific<br />

information appears to be the most<br />

appropriate so<strong>lu</strong>tion, allowing both a quick<br />

access to and easy comparison of local<br />

rules applicable to a particular service or<br />

financial product. A regulatory-compliance<br />

tool reunites key features allowing financial<br />

institutions to cope with cross-border<br />

challenges. First, it allows for the gathering<br />

of a large quantity of information in a<br />

single database. Second, it returns only the<br />

necessary information in a user-friendly<br />

way resulting in increased flexibility. Finally,<br />

it allows clients to be followed to their<br />

residence country without taking the risk of<br />

missing regulatory or tax requirements.<br />

The digitization of country-specific<br />

knowledge should summarize regulatory,<br />

compliance and tax information about<br />

permissible activities, products or<br />

services under national and international<br />

regulations. It should allow private bankers<br />

to challenge their strategy by comparing<br />

countries’ local requirements, by identifying<br />

which country allows a particular service or<br />

activity or by ranking countries’ openness<br />

to banking services or activities. The digital<br />

so<strong>lu</strong>tion should be as flexible as possible<br />

covering every possible cross-border<br />

situation, independent of whether the<br />

client travels to the bank, the CRM flies<br />

to the client’s location, or the service is<br />

provided remotely.<br />

••<br />

Difficulty of assessing and comparing the<br />

real cost of compliance when defining the<br />

firm’s cross-border strategy<br />

••<br />

Identification and mitigation of the<br />

potential risks arising from the client’s<br />

location<br />

••<br />

Monitoring of the increased regulatory<br />

(and reputational) risks associated<br />

with the dependence on Relationship<br />

Managers’ knowledge of the cross-border<br />

rules while they increasingly travel within<br />

and outside of Europe<br />

••<br />

Compliance with strengthened antimoney<br />

laundering (AML), investor<br />

protection and tax requirements in terms<br />

of information sharing and cooperation<br />

This complex regulatory environment and<br />

the differences between countries mean<br />

that banks have to adapt their products<br />

suitability, cross-border regulation and tax<br />

transparency: a country-specific so<strong>lu</strong>tion<br />

is therefore necessary. Only then can a<br />

bank or a private wealth management<br />

firm decide how to structure their crossborder<br />

strategy, allowing them to identify<br />

which country to target and what level of<br />

compliance effort will be required.<br />

Moving to the daily provision of daily<br />

business activities, customer-facing<br />

employees need to be properly equipped<br />

to ensure compliance with multiple local<br />

rules when servicing clients abroad. One<br />

so<strong>lu</strong>tion is to increase the awareness of<br />

CRMs in this specific field, as they are the<br />

ones who cross the borders and who put<br />

their bank’s image and reputation forward<br />

on a daily basis. However, as CRMs are<br />

highly mobile, the regulatory compliance<br />

should be as well.<br />

In short, the cross-border business<br />

regulatory and tax awareness so<strong>lu</strong>tion<br />

should ideally be digital and easily<br />

portable, as CRMs do not always have the<br />

opportunity to prepare for a client meeting<br />

from their office’s desktop but rather<br />

prepare “on the go.” While digital often<br />

refers to connectivity, the so<strong>lu</strong>tion should<br />

allow databases to be used offline as CRMs<br />

may attend a meeting where no internet<br />

connection is possible.<br />

41

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