MANX STATE OF THE NATION 2021 - A Beacon of Light for Compliance and Risk Professionals - AICP
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ALLIANCE OF ISLE OF MAN COMPLIANCE PROFESSIONALS MANX STATE OF THE NATION 2021 A Beacon of Light for Compliance and Risk Professionals Friday 26th March, 2021 Virtual Event www.aicp.im
Chairman’s Welcome Manx State of the Nation 2021 Graeme Snape PC.dp, DipIOD, MCSI, ACIB AICP CHAIRMAN Following a challenging year for everyone, we are pleased to be able to bring you the Island’s premier annual event for compliance, risk and governance executives and professionals. AICP’s year saw us lament the recent loss of our esteemed colleague and friend – James Shimmin. James, alongside Chris Watterson and myself, back in 2010, were the founder members of ACIP. James, a gentleman, avid supporter of the compliance and risk profession and entrants to the sector, will be known to many of you here today. Together with my fellow board members, we have been thinking of how we might recognise James as not only a friend but also as a leading member of and contributor to our compliance and risk community. As has been mentioned, one of James’ professional and AICP interests was the support of entrants to our profession, the AICP bursary being one of his initiatives. In launching, today, the 2nd year of the bursary scheme the AICP board has, in memory of James, named the scheme: The AICP James Shimmin Memorial Bursary. We trust you agree this is a fitting and appropriate tribute. I am very pleased to report that the 1st bursary beneficiary has been successful in their ICA course and exam. I ask you to join me in offering congratulations. Details of this year’s AICP James Shimmin Memorial Bursary will be found on our website later today and we encourage and welcome applications for consideration. The application closing date is 30th April 2021. In spite of COVID 19, social distancing, working from home, closed borders and economic impact, our Isle of Man Compliance and Risk world continued to turn. www.aicp.im page 1
Chairman’s Welcome Manx State of the Nation 2021 Some might say that compliance and regulatory risk have been pushed up our agendas. With this ”new normal” backdrop in mind, we have endeavoured to bring subject matter that is relevant to both the “normal” and the “new normal”. I hope you find, even in these challenging times, that we have done so in this 16th year of Manx State of the Nation. We are extremely grateful for the support and time given by our speakers and express grateful thanks to our enduring partners for continuing to stand with us in delivering, as a virtual conference, MSoN: • PwC • DQ Advocates • FIM Capital • Impact Professional Services MSoN will, in honour of AICP member experiences, be making a donation to the Manx Breast Cancer Support Group. Finally, the AICP and its CPD team hopes you enjoy this, our first, virtual conference…..Thank you for your support and attendance. www.aicp.im page 2
Evolving challenges, practical solutions All regulated and designated businesses face regulatory challenges, regardless of size or sector. Breaching regulatory obligations can mean sanction and penalties, and can lead to irreparable reputational damage. We believe that a proactive approach to regulatory compliance is the best way to mitigate your risk and protect your business. Our advisory team can help you to understand and develop practical solutions to ensure you comply with regulatory challenges and a helping hand if issues do arise. Contact Kath and the team Kath Quayle Advisory Senior Manager PwC Isle of Man kath.quayle@pwc.com +44 (0) 1624 689456 www.pwc.com/im/regulatoryservices © 2021 PricewaterhouseCoopers LLC, an Isle of Man limited liability company. All rights reserved.
Programme Manx State of the Nation 2021 08.30 Virtual Event Site Available for Access 08.50 2021 State of the Nation : Welcome Address The Chairman of the AICP will open the conference reflecting on the year that has passed and looking forward to the compliance challenges of the future Graeme Snape Chairman of the AICP 09.00 AICP Keynote Address The Island’s Minister for Enterprise will share his views on what lies ahead for the Isle of Man in 2021 and looking forward to 2022 Hon Laurence Skelly, Minister for Enterprise, Isle of Man MHK www.aicp.im page 5
Programme Manx State of the Nation 2021 09.15 Financial Services Authority Update Senior representatives from the Financial Services Authority will speak to delegates about the trends arising from supervision and share key learning points Andrew Kermode Head of Banking, Funds & Investment Division, Isle of Man Financial Services Authority Colin Manley Head of Insurance, Pensions & Fiduciary Services, Isle of Man Financial Services Authority 10.15 The Need for Substance AND Form Recurring themes and hot topics at the forefront of the regulatory advisory agendas Kath Quayle Senior Manager Advisory Department PWC 10.45 Mid - Morning Break Kindly Sponsored by Impact Professional Services Ltd www.aicp.im page 6
Programme Manx State of the Nation 2021 11.00 Update from Financial Intelligence Unit Phil Hunkin Director, Financial Intelligence Unit Isle of Man Government 11.30 Panel Session – 2021 MLROs : Legislation, Liability & Learning Today’s morning panel session will discuss the role of the MLRO, how it has been affected by the world events of the last 12 months and what the future holds as we all move forward in 2021 and beyond. Emma Christie Panel Chair John Atherton Compliance Manager, Zedra Trust Company (Isle of Man) Limited Audrey Butterworth Compliance Manager, Cayman National Bank (Isle of Man) Limited Cathy Dawson Chief Compliance Officer, IFG Ltd Insurance Group Dani Kelly Head of Financial Crime and MLRO, Flutter Entertainment PLC Phil Hunkin Director, Financial Intelligence Unit Isle of Man Government www.aicp.im page 7
Programme Manx State of the Nation 2021 12.15 Lunch Interval Kindly Sponsored by DQ Advocates Ltd 13.15 Demystifying the Dark Web Cyber security experts from Riela Cyber will highlight the dangers and ethics of using the dark web and demonstrate what information can be found and purchased on the underground network. The presentation will enable attendees to better understand the risks arising from the dark web and reiterate the importance of remaining diligent with protecting personal and corporate data from being exploited by bad actors, through training, good corporate governance and appropriate systems. Carey Cooper Cyber Security Operations Team Lead Riela Group Josh Kingett Cyber Security Engineer Riela Group www.aicp.im page 8
Programme Manx State of the Nation 2021 14.00 Panel Session – Managing Risk and Compliance During a Pandemic We are delighted to welcome a panel of senior leaders from industry and our regulatory bodies to discuss what they have seen and experienced with regards to managing risk and compliance during these unprecedented times. The panel will discuss matters such Data Governance, Cyber Security & Business Continuity as well as explore what might change as a result of how businesses have operated during the pandemic, such as acceleration of digitalisation, fintech and the risks and opportunities of operating in a digital world. Mark Avery Head of Compliance, Panel Chair HSBC Bank Isle of Man Branch Karen Badgerow Chief Executive, Isle of Man Financial Services Authority Chris Gledhill Managing Director, PDMS Nicola Libreri Technical Specialist, Isle of Man Gambling Supervision Commission Iain McDonald Isle of Man Information Commissioner 14.45 Conference Close Graeme Snape Chairman of the AICP www.aicp.im page 9
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Speaker Profiles Manx State of the Nation 2021 08.50 Welcome to 2021 State of The Nation GRAEME SNAPE AICP Chairman Graeme is a data protection, compliance, governance and regulation specialist who possesses over 35 years of financial services experience encompassing TCSP; Investment, DNFBP and Banking businesses. His compliance and regulatory career spans 25 of those years during which he has undertaken both compliance and MLRO responsibilities, at senior level, for a number of organisations. Through his company, CGR Consulting Limited (www.cgr.co.im), he looks to provide pragmatic, holistic business focused data protection, compliance, governance, regulatory and risk consulting services. Clients who seek provision of these services encompass: TCSP’s; IFA’s; Lawyers; Discretionary Investment Managers; Fund administration companies, Insurance companies and banks. He holds the following professional qualifications: Practitioner Certificate in Data Protection (PC.dp) Institute of Directors – Diploma in Company Direction (DipIOD) Associate of the Institute of Bankers (ACIB) Member of the Chartered Institute for Securities and Investment (MCSI) www.aicp.im page 12
Speaker Profiles Manx State of the Nation 2021 09.00 Keynote Address HON LAURENCE SKELLY, MHK Minister for Enterprise, Isle of Man Laurence Skelly was elected to the House of Keys as a Member for Rushen following the 2011 general election. He was appointed Minister for Enterprise in July 2014. Previously he was Minister for the Department of Infrastructure, Chairman of the Planning Committee from 2013-14 and a Member of the Department of Community Culture and Leisure from 2011-13 with responsibility for community, culture and the Arts. Laurence was raised and educated in the Isle of Man. He is married with two children. He lived in America for a number of years undertaking a successful career in business and is a past-president of the North American Manx Association. Prior to becoming a Member of the House of Keys, Laurence worked in travel and tourism, wholesale and event management. In his spare time he enjoys travel, walking, golf and the Arts. www.aicp.im page 13
Speaker Profiles Manx State of the Nation 2021 09.15 Key Themes from Supervision ANDREW KERMODE Head of Banking, Funds & Investment Division, Isle of Man Financial Services Authority Andrew is currently the Head of the Banking, Funds & Investments Division at the Isle of Man Financial Services Authority, with responsibility for leading the teams covering the supervision of banks, investment firms, fund managers and administrators, and money service businesses. Andrew has over 20 years’ experience working in financial supervision and regulation in the Isle of Man covering areas as diverse as Anti-Money Laundering to prudential standards for banks. He is also a qualified chartered accountant and an Associate Member of the Institute of Chartered Accountants in England and Wales, having worked and trained on the Isle of Man with Deloitte LLP. COLIN MANLEY Head of Insurance, Pensions & Fiduciary Services, Isle of Man Financial Services Authority Colin Manley is Head of Insurance, Pensions and Fiduciary Services in the Isle of Man Financial Services Authority (“the Authority”) Colin has 25 years of experience working within the financial services industry, including senior management positions with insurance firms, a financial services consultancy and financial services regulatory bodies, including 4 years with the Central Bank of Ireland. Colin is an actuary by profession and is a Fellow of the Society of Actuaries Ireland and a Fellow of the Institute and Faculty of Actuaries. Colin is a current member of the International Association of Insurance Supervisors Standards Assessment Working Group. www.aicp.im page 14
Speaker Profiles Manx State of the Nation 2021 10.15 The Need for Substance AND Form KATH QUAYLE Senior Manager Advisory Department, PWC Kath is a Chartered Accountant who began her career with PwC in the professional services sector. Kath went on to hold senior executive positions within the financial services and gaming sectors on the Isle of Man for a significant part of her career. She returned to professional practice in 2018 in an advisory capacity to support her clients by leveraging her insights and experiences. Since her return to professional services Kath has advised clients on all matters of a regulatory compliance and governance nature. She manages the regulatory and governance aspects of due diligence, assurance and advisory engagements and works closely with the wider PwC network to support larger scale network wide engagements. Kath’s key areas of expertise are in: Accountability and governance frameworks - advising upon, benchmarking against and performing gap analysis in respect of the key governance related requirements of law and regulation, pertaining to the Isle of Man and also to other prominent international markets. Regulatory advice - across all financial service sectors, designated business sectors and the gaming sector. Particular focus upon recent regulatory developments in the area of AML/CFT. Internal control frameworks - drawing upon her knowledge of the Treadway Commission’s “COSO” framework and through the design, implementation and operational application of risk management and control solutions. Kath returned to the firm in early 2018, having gained significant experience in the banking and wealth management sectors. She now advises clients on all aspects of statutory and regulatory compliance and feeds into the advisory work streams of the wider PwC network. www.aicp.im page 15
Speaker Profiles Manx State of the Nation 2021 11.00 Update from the Financial Intelligence Unit PHIL HUNKIN Director, Financial Intelligence Unit, Isle of Man Government Phil was appointed as Director of the Financial Intelligence Unit in November 2019. Previously Phil was an Assistant Chief Officer of the Guernsey Border Agency and was Head of the Economic Crime Division for 8 years this included Guernsey’s FIU. More recently, from August 2017 until November 2019, he was Head of the Cook Islands Financial Intelligence Unit. The Cook Islands FIU is responsible for FIU functions, financial transaction reporting and AML/CFT compliance. Phil completed Moneyval’s 5th round training seminar for evaluators in 2015 and in 2018 was part of the Asia Pacific Groups (APG) mutual evaluation team of the Solomon Islands, as the Law Enforcement and FIU expert. Phil also led on Law Enforcement and FIU responses for Guernsey’s mutual evaluations by the IMF in 2010 and Moneyval in 2014. He also contributed to the APG’s mutual evaluation of the Cook Islands. Phil has extensive international experience and has served as acting chair of the Egmont Groups Training Working Group and as a vice chair of the Technical Assistance and Training Working Group. He held the role of Egmont’s BECA coordinator for 9 years. Phil also contributes as a Moneyval AML/CFT expert and has been involved with the APG experts meetings. Other international work includes 10 years as a member of CARIN. www.aicp.im page 16
Speaker Profiles Manx State of the Nation 2021 11.30 Current Challenges for the MLROs EMMA CHRISTIE Panel Chair Emma has a 25 year career in Financial Crime; working on organised crime and Contract & Procurement irregularities, conducting due diligence and internal and external corporate fraud investigations. She has prepared files for law enforcement and international regulators on Sanctions and Bribery matters and served in a regulatory role focused on Anti Money Laundering with the IoM Law Society. She spent 10 years as a Compliance Consultant here on Island and most recently spent 3 years as Group MLRO at Pokerstars. JOHN ATHERTON Compliance Manager, Zedra Trust Company (Isle of Man) Limited John is currently the Head of Compliance and MLRO for Zedra Trust Company (Isle of Man) Limited and has been with Zedra since its formation in January 2016. Prior to joining Zedra John spent 17 years working for Barclays in a number of different roles including IOM MLRO, Head of Barclays Offshore International Compliance and Compliance business partner to Barclays Wealth Trust Business and its UK Corporate and Employer Solutions business. www.aicp.im page 17
Speaker Profiles Manx State of the Nation 2021 11.30 Current Challenges for the MLROs AUDREY BUTTERWORTH Compliance Manager, Cayman National Bank (Isle of Man) Limited Audrey has worked in the finance industry for 20 years. During the last 18 years, she has specialised in Risk Management and Compliance. Audrey is the Head of Risk & Compliance for both Cayman National Bank (Isle of Man) Limited and Cayman National Trust Company (Isle of Man) Limited on the Isle of Man. She is a Fellow of the International Compliance Association, holds an International Certificate in Enterprise Risk Management and is an accredited Practitioner in Data Protection. CATHY DAWSON International Financial Group Limited Chief Compliance Officer, IFG Ltd Insurance Group Cathy is an experienced compliance executive with over 34 years’ experience in financial services across many disciplines. Cathy has specific expertise in regulatory risk, and is responsible for leading the Group Compliance Team to deliver the annual Compliance Plan and embed the regulatory risk framework across all of our group companies. Cathy works closely with the Board, Executive Management and Regulators in eight jurisdictions. Cathy is a fellow of the International Compliance Association. www.aicp.im page 18
Speaker Profiles Manx State of the Nation 2021 11.30 Current Challenges for the MLROs DANI KELLY Head of Financial Crime and MLRO, Flutter Entertainment PLC Dani has been in both Compliance Officer and MLRO roles for a number of years across Corporate and Trust, Banking and most recently Gaming sectors. She is currently the Head of Financial Crime and MLRO for Flutter International which includes brands such as Pokerstars and Betfair International. Her responsibilities include the ongoing management of the AML CFT framework across the International business and responsibility for reporting suspicious activity to the various financial intelligence agencies across multiple jurisdictions in Europe as the MLRO. That experience extends to dealing with cross border law enforcement enquiries and the International regulatory landscape on a global scale as well as providing ongoing advisory services to the wider business. PHIL HUNKIN Director, Financial Intelligence Unit, Isle of Man Government Phil was appointed as Director of the Financial Intelligence Unit in November 2019. Previously Phil was an Assistant Chief Officer of the Guernsey Border Agency and was Head of the Economic Crime Division for 8 years this included Guernsey’s FIU. More recently, from August 2017 until November 2019, he was Head of the Cook Islands Financial Intelligence Unit. The Cook Islands FIU is responsible for FIU functions, financial transaction reporting and AML/CFT compliance. Phil completed Moneyval’s 5th round training seminar for evaluators in 2015 and in 2018 was part of the Asia Pacific Groups (APG) mutual evaluation team of the Solomon Islands, as the Law Enforcement and FIU expert. Phil also led on Law Enforcement and FIU responses for Guernsey’s mutual evaluations by the IMF in 2010 and Moneyval in 2014. He also contributed to the APG’s mutual evaluation of the Cook Islands. Phil has extensive international experience and has served as acting chair of the Egmont Groups Training Working Group and as a vice chair of the Technical Assistance and Training Working Group. He held the role of Egmont’s BECA coordinator for 9 years. Phil also contributes as a Moneyval AML/CFT expert and has been involved with the APG experts meetings. Other international work includes 10 years as a member of CARIN. www.aicp.im page 19
Speaker Profiles Manx State of the Nation 2021 13.15 Demysstifying the Dark Web CAREY COOPER Cyber Security Operations Team Lead, Riela Group Carey is the t Cyberr Security Operations team lead at the Riela Group of Companies. He has a wealth of infrastructure and cyber security experience across the medical, financial retail, and telecom sectors. In addition he has a strong entrepreneurial financial, ch is an asset in bridging the divide between technical and business. spirit whic Carey alsso holds numerous certifications in Microsoft, Cisco, Linux and the Cyber Security DDisciplines. He has a passion for anything related to technology. JOSH KINGETT Cyber Security Engineer, Riela Grroup Josh is a Cyber Security Engineer specialising in Technical Sales and Support. Josh build ds trust into each client relationship by working closely with business functions to deliver professionally tailored solutions for our clients from sales through to producction and after care. Having sp pent 4 years as an Officer Cadet in the British Army, Josh has had a great opportunnity to develop his interpersonal and management skills to the highest standard possible. Josh is an n avid public speaker and presents material regularly across different industries through seminars and online hosted events. www.aicp.im page 20
Speaker Profiles Manx State of the Nation 2021 14.00 Managing Risk and Compliance during a Pandemic MARK AVERY Head of Compliance, HSBC Bank Isle of Man Branch Mark has 20 years’ experience working in a variety of Compliance and Risk roles. Mark first came to the Isle of Man in 2001 and began his Compliance career with Britannia International where he worked for 14 years, eventually becoming their Head of Compliance and MLRO. In 2015 Mark moved on to HSBC Bank PLC IOM Branch to become Head of their IOM Compliance function, since that move as well as remaining as the Head of Compliance for the IOM Branch, he has a taken on a wider role within the HSBC Channel Islands & Isle of Man, where he now heads the Corporate Banking & Global Markets Regulatory Compliance function but also continues with his IOM Branch Compliance responsibilities. Mark represents HSBC within various IOM Bankers Association forums and has been a member of the AICP since its inception and joined the Associations CPD committee 5 years ago. He is now enjoying a more active role within the AICP, supporting the islands Compliance professionals in raising awareness and understanding of local and international regulatory developments. KAREN BADGEROW Chief Executive, Isle of Man Financial Services Authority Ms. Badgerow was appointed to the position of Chief Executive of the Financial Services Authority on 1 November 2015. Prior to this Karen served over 30 years with the Canadian government in senior roles in financial services regulation. Most recently Ms. Badgerow was Senior Vice-President with the Canada Deposit Insurance Corporation heading up their Insurance and Risk Assessment Division. Before joining CDIC, Ms. Badgerow spent over 25 years with the federal banking and insurance regulator, the Office of the Superintendent of Financial Institutions, and was responsible in her last position for oversight of the federal banking sector. Ms. Badgerow has also represented Canada on a number of international committees including the Senior Supervisors Group and the FSB's Supervisory Intensity and Effectiveness Committee. Ms. Badgerow holds a Bachelors Degree and a Masters Degree in Public Administration from Carleton University in Ottawa, Canada. www.aicp.im page 21
Speaker Profiles Manx State of the Nation 2021 14.00 Managing Risk and Compliance during a Pandemic CHRIS GLEDHILL Managing Director, PDMS Chris co-founded PDMS in 1993 with a mission to help organisations get the maximum value from information technology and their associated data assets. His experience lies in recognising the business benefits that can be achieved by effective use of information technology to make services cheaper, safer and more convenient. This extends across the whole spectrum of activities associated with software development and the implementation of technology in general. He attended Manchester University and Cranfield Institute of Technology and gained his Diploma in Company Direction from the Institute of Directors. Drawing on his extensive knowledge and passion for technology, Chris is a founder member of the Isle of Man Chamber of Commerce digital committee and has recently been re- elected as an SME representative on the techUK Central Government Council. Chris has a particular interest in both Govtech and Regtech – using technology to improve both internal government and citizen facing services and to facilitate the delivery of regulatory requirements more efficiently and effectively. With more than 28 years’ experience in Enterprise and Digital technology, Chris is still passionate about the benefits that organisations and individuals can achieve through good software engineering. He also understands why these benefits sometimes seem frustratingly elusive. NICOLA LIBRERI Technical Specialist, Isle of Man Gambling Supervision Commission Nic Libreri took up the role of Technical Specialist within the Isle of Man Gambling Supervision Commission in April 2020 having previously undertaken the roles of Inspector and Senior Inspector. Prior to this she has over 12 year’s health and social care regulatory compliance and policy development experience within the Third Sector. She holds an ICA Diploma in Governance Risk and Compliance. www.aicp.im page 22
Speaker Profiles Manx State of the Nation 2021 14.00 Managing Risk and Compliance during a Pandemic IAIN McDONALD Isle of Man Information Commissioner Iain McDonald has been the Isle of Man’s Information Commissioner since September 2015 having been Data Protection Supervisor since January 2003. He is the supervisory authority in the Isle of Man for the Data Protection Act 2018, the Unsolicited Communications Regulations 2005 & the Freedom of Information Act 2015. Iain was a co-proposer of the “Madrid Resolution” on International Standards on the Protection of Personal Data and Privacy which was a catalyst for the GDPR. www.aicp.im page 23
Thanks Manx State of the Nation 2021 We hope you have found this year’s State of the Nation informative, interesting and entertaining and look forward to welcoming you to the 2022 Manx State of the Nation next year. The Board of the AICP extends its sincere thanks and gratitude to the following for helping to make Manx State of the Nation 2021 such a successful event. The AICP CPD committee of: Mark Avery, HSBC Leanna Dobson, Boston Multi-Family Office Gerry Ganly, Ultratech Associates Dani Kelly, Pokerstars Claire Stringer, Lloyds Bank Hilary Peterson, Hilary Peterson Limited Justin McMullin and his team from Event Lighting Services Kevin Ellis from Avid Events Rosie Snape, administrator for AICP Our 2021 Sponsors who’s continued support is greatly recognized and appreciated. www.aicp.im page 24
Privacy Notice Manx State of the Nation 2021 Privacy statement in relation to Manx State of the Nation 2021 The invitation you received in relation to Manx State of the Nation 2021 invited you to register to attend the conference and to give us some information about you to assist with the organisation and administration of the conference. This statement is designed to help you understand how your personal data is processed when you registered for the conference and also any further processing that takes place at the conference. What personal data will be processed? When you registered for the conference, we collected from you information about your name, job title and company. We also asked for contact information and whether you have any dietary requirements. How is the data used? Your name, job title and company were used to produce a delegate badge for you and to assist us with registration for the event. We will also use your name to produce an attendance certificate for you if you need one. Your contact information was used to communicate with you in the event that either you or the AICP had queries about your registration. We will also use it to send you your CPD certificate and to inform you of any information about the conference which might be useful to you. Where is the data stored? When you registered through correspondence with AICP, the information you provided is held on a spreadsheet maintained by the AICP solely for that purpose. Who can see the information? As a matter of policy, the AICP does not share delegate or registration information with any of the conference sponsors. How long is the data kept for? The AICP will delete all data relating to registration and attendance within three months of the conference. This means that if you request a certificate of attendance after the data has been destroyed we will not be able to provide it. Your rights If you wish to see the data processed about you in relation to Manx State of the Nation 2021, please email aicp@manx.net You have additional rights under the Isle of Man’s data protection legislation and regulation such as the right to rectification of incomplete data and the right of erasure of data. If you wish to exercise those rights, please email aicp@manx.net www.aicp.im page 25
Keeping up with the pace of change By taking a proactive approach to regulatory compliance our clients mitigate risk and protect their business using practical solutions tailored to their needs www.pwc.com/im/regulatoryservices © 2021 PricewaterhouseCoopers LLC, an Isle of Man limited liability company. All rights reserved.
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