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AML/CFT Newsletter - Issue 13
EBA AML/CFT Newsletter Issue 13 covers updates on virtual IBANs risks, MiCAR governance guidelines for asset-referenced tokens, joint EBA-ESMA suitability assessments for crypto-asset issuers, translated ML/TF risk factors guidelines, and supervisory training on crypto-assets and risk assessment.
Peer Review report on the EBA Guidelines on the application of the definition of default
EBA peer review assessing implementation of the Guidelines on the application of the definition of default (EBA/GL/2016/07) across EU competent authorities, evaluating transposition, compliance, and supervisory practices under CRR framework.
Consultation paper on Handbook on independent valuers for resolution
EBA consults on draft Handbook outlining guidelines for appointing and assessing independent valuers in bank resolution, covering preparatory steps, independence criteria, conflict-of-interest safeguards, and contractual considerations under EU resolution frameworks.
Report on structured deposits
European Banking Authority (EBA) report analysing structured deposits – covers definitions, market evolution, investor risks, disclosure requirements, and supervisory activities in the EU from January to September 2023, with proposed improvements for future reporting.
The Systemic Cyber Incident Coordination Framework: EU-SCICF
European Banking Authority (EBA) outlines the EU-SCICF, a framework for coordinating responses to systemic cyber incidents threatening financial stability, involving national and EU authorities to share information and align crisis measures.
Statement on the application of CRR 3 in the area of credit risk for the Internal Ratings Based Approach
EBA statement clarifying the application of CRR 3 for credit risk under the Internal Ratings Based (IRB) Approach, outlining implementation requirements, model landscape communication, and supervisory expectations for banks and authorities from January 2025.
Joint Technical Standards on major incident reporting
EBA, EIOPA, and ESMA finalize technical standards under DORA for major incident and cyber threat reporting, defining content, templates, timelines, and procedures for financial entities, including streamlined templates and adjusted reporting deadlines.
Joint Regulatory Technical Standards on the criteria for determining the composition of the joint examination team
EBA, EIOPA, and ESMA finalize regulatory technical standards under DORA to define criteria for composing joint examination teams, ensuring balanced participation of ESA and competent authority staff in ICT third-party service provider oversight.
Joint Regulatory Technical Standards specifying elements related to threat led penetration tests
European Supervisory Authorities finalize Regulatory Technical Standards under DORA to define criteria, requirements, and methodology for threat-led penetration testing (TLPT), including tester roles, testing phases, and supervisory cooperation, following public consultation feedback.
Joint Regulatory Technical Standards on the harmonization of conditions enabling the conduct of the oversight activities
European Supervisory Authorities finalize Regulatory Technical Standards under DORA to harmonize oversight conditions for critical ICT third-party service providers, detailing information requirements, subcontracting arrangements, and assessment processes for competent authorities.
Joint Guidelines on the estimation of aggregated costs/losses caused by major ICT-related incidents
EBA, EIOPA, and ESMA joint guidelines under DORA for financial entities on estimating and reporting aggregated annual costs and losses from major ICT-related incidents, ensuring harmonization, proportionality, and reduced reporting burden.
Joint Guidelines on oversight cooperation
EBA, EIOPA, and ESMA finalize joint guidelines under DORA to establish cooperation and information exchange procedures between European Supervisory Authorities and competent authorities for consistent oversight of critical ICT third-party service providers, effective January 2025.
Consultation paper on draft amending ITS on joint decision process for internal model authorisation
EBA consults on draft amendments to Implementing Technical Standards for the joint decision process on internal model authorisations under CRR (Regulation (EU) No 575/2013), focusing on prudential permissions and stakeholder feedback by October 2024.
Report on the review of the application of gender neutral remuneration policies
EBA report assessing the implementation of gender-neutral remuneration policies by banks and investment firms, analysing compliance challenges, supervisory reviews, pay gap monitoring, and measures to ensure equal pay under EU regulatory frameworks – July 2024.
2024 07 15 PMR -2024 Jose Manuel Campa
EBA Chairperson Jose Manuel Campa’s July 2024 public meeting register detailing discussions with stakeholders like the EBRD on risk outlook, equivalence assessments, and ESG financing.
Report on stacking orders and capital buffers
EBA report analysing capital buffer stacking practices and management strategies in EU banks – examines regulatory compliance, risk coverage, and supervisory trends under CRD/CRR frameworks as of July 2024.
Annex I - Survey on management buffers
EBA survey gathering confidential data from banks on management buffers, including their definition, drivers, target levels, interaction with prudential and resolution thresholds (e.g., own funds, MREL), and integration into ICAAP and disclosure frameworks.
Report on the application of derogations regarding the pay out of remuneration to identified staff
EBA report analysing the use of derogations under CRD Art 94(3) and 94(5) for remuneration payouts to identified staff in banks – assessing industry impact, administrative burden, risk alignment, and supervisory observations across EU Member States.
Consultation paper on draft ESAs Guidelines on Art 97 MiCAR
European Supervisory Authorities (EBA, EIOPA, ESMA) consult on draft guidelines under Article 97 of MiCAR, proposing templates and a standardized test for classifying crypto-assets and issuing explanations or opinions – open for feedback until 12 October 2024.