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Writer's pictureSimon Roberts

Enhancing Accountability: FCA's Inquiry into Politically Exposed Persons (PEPs) Regime


Introduction


The financial world is intricately connected to political figures, power structures, and the potential for misuse of public office. To safeguard against potential abuses, the Politically Exposed Persons (PEPs) regime was established, mandating financial institutions to conduct extra checks on political figures, their families, and close associates. This regimen aims to prevent the financial system from being utilized to launder the gains of private abuse of public office. In line with this, the Financial Conduct Authority (FCA) is taking a proactive stance by launching an inquiry to review the application of the PEPs regime and explore the need for any adjustments to its guidance.


The Importance of the PEPs Regime


The PEPs regime, rooted in international standards outlined by the Financial Action Taskforce, is crucial in maintaining the integrity of the financial ecosystem. The possibility of a politically exposed person leveraging their public influence for personal gain and channelling ill-gotten wealth through the financial system necessitates a robust regulatory approach.


A Risk-Based Approach to Accountability


In 2017, the FCA published guidance to assist financial services firms in implementing a risk-based and proportionate approach to PEPs. This approach acknowledges that not all PEPs pose the same level of risk, allowing firms to focus their due diligence efforts where they are most needed. However, as the financial landscape evolves and feedback from stakeholders surfaces, a review of the current regime becomes essential to ensure its continued effectiveness.


The FCA's Inquiry: An Emphasis on Transparency


The FCA's ongoing review of the PEPs regime reflects its commitment to transparency, accountability, and continuous improvement. This inquiry is driven by the Financial Services and Markets Act 2023, which mandates a comprehensive review of the regime's application. The FCA is actively seeking feedback from UK PEPs to better understand their experiences, including any challenges they or their families have encountered.


A Broad and Inclusive Approach


To gather comprehensive insights, the FCA is reaching out to a diverse range of individuals. This includes parliamentarians, political party leaders, senior civil servants, and high-ranking military personnel. This proactive outreach underlines the FCA's dedication to conducting a thorough and inclusive review of the PEPs regime.


The Path Forward


The FCA's diligent review process involves publishing the full terms of reference for the inquiry in September. By June of the following year, the FCA will report its findings, which will serve as a foundation for potential future actions. The findings will not only influence regulatory adjustments but also underscore the FCA's commitment to aligning financial services with the highest standards of integrity and accountability.


Conclusion


As the FCA embarks on this important inquiry into the PEPs regime, the financial industry and the broader public can anticipate a renewed commitment to safeguarding against potential abuses of power. The review's emphasis on transparency, risk-based approaches, and the insights of UK PEPs themselves underscores the importance of collaboration in strengthening regulatory frameworks. By ensuring the accountability of political figures and their associates within the financial system, the FCA continues to play a pivotal role in maintaining the integrity of the financial world.

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