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REPEAL OF DODD-FRANK, WHAT IS AT STAKE?

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Nicolas Roth

Nicolas Roth, co-head of alternative assets at REYL

Nicolas Roth

Nicolas Roth

The election of Donald J. Trump to be the 45th President of the United States of America came as a surprise to mainstream media, pollsters, professional politicians and markets. Besides his widely advertised right-wing as well as protectionist measures, Donald Trump managed to overturn the polls. He proposed a pro-growth programme and, more interestingly, a deregulation of some segments of the economy, including the now-highly regulated financial industry. Some days after the election, Donald Trump announced that he would repeal Dodd-Frank, the law passed after the financial crisis aimed at regulating Wall Street. What does this repeal mean for banks and consumers?

Back at the end of 2008 and early 2009. Bear Stearns had been acquired for $10 per share by JP Morgan over a weekend while Lehman Brothers fell into disgrace and filed for Chapter 11. Treasury Secretary Hank Paulson came out first with TARP, a programme designed to relieve banks of their toxic assets, shortly followed by TALF, a programme aimed at supporting issuance of asset backed securities, a market that froze completely in the aftermath of the global credit crunch. The reactivity of the US government at that time is said to have avoided what would have probably teared down the entire financial system. In 2010,President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. Arguably the most far reaching reform of the financial sector, Dodd-Franks ought to prevent banks from undertaking reckless and risk-taking behaviour. Since then, banks have shrunk, proprietary trading desks are history and banks have become far less profitable.

The Dodd-Frank Act is a complicated piece of regulation but it has introduced a number of clear benefits to the financial system. Firstly, the act established the Financial Stability Oversight Council, whose prerogative was to identify financial risks that could affect the entire financial system, as well as supervise systemic entities. The Council is chaired by the Federal Reserve and has nine members including the SEC, the CFTC and FDIC. The Dodd-Frank Act introduced the Volcker Rule, a law banning banks from engaging in proprietary trading activity, investing in hedge funds or private equity, while keeping customers deposits at the same time. This part of the law was triggered by the widely advertised testimony of Goldman Sachs about the marketing of the CDO ABACUS while the bank was trading at the same time against the securities composing this CDO. Although banks lobbied against the Volcker Rule, it became effective in 2014. The Act also aimed to regulate hedge funds through disclosure of their positions on a quarterly basis and other binding measures, while OTC margin-based swap agreements such as credit default swap were under far greater scrutiny. Finally, the Dodd-Frank Act created the Consumer Financial Protection Bureau, an entity designed to regulate and oversee mortgages, debt collection, foreclosure processes and other lending activities. The CFPB has been active by banning a number of predatory lending practices in order to protect consumers.

Fast-forward to 2016. President-elect Donald Trump and his transition team, including future Treasury Secretary Steve Mnuchin, announced their intention to strip down the Dodd-Frank law into a less stringent regulatory framework. Although Trump alone may not have all the necessary powers to implement drastic changes, he has strong support from Texas Republican Congressman Jeb Hensarling, a long time enemy of Dodd-Frank, who serves as chairman of the House Financial Services Committee. Congressman Hensarling has proposed in the summer of 2016 a new form of legislation called the Financial CHOICE Act, which could likely be the ground work for a repeal of Dodd-Frank.

Under the CHOICE Act, banks would have to either comply with Dodd-Frank or increase their tangible equity to leverage ratio. According to Congressman Hensarling, this is the core of the CHOICE Act and will be designed to help small community and regional banks. The philosophy behind the Dodd-Frank law is more suited to systemic institutions and the current regulation has the effect of preventing community banks from lending. Small banks are usually more capitalised than their larger counterparts, therefore their position will no longer comply with Dodd-Frank law. Congressman Hensarling argues that community banks would then be in a much better position to lend money to Main Street. The proposed CHOICE Act would also dismiss the Volcker rule, allowing banks to re-engage in speculative activities and proprietary trading. Not necessarily a proponent of Wall Street, Congressman Hensarling advocates that the Volcker rule is a significant factor in the draining of liquidity from the market over the last few years. Although improving liquidity would clearly be a good thing for markets, dismantling the Volcker rule would allow banks to return to a pre-2008 business model where a number of them acted as hedge funds with their balance sheet. Conflicts of interest would resurface, such as when banks traded on their own account while also advising their customers. Lastly, the CHOICE Act also intends to restructure the Consumer Financial Protection Bureau. Congressman Hensarling asserts that the measures taken by the CFPB are harmful for community banks and borrowers since access to credit is more difficult. However, the CFPB has implemented a number of consumer-protective measures, including removing the Forced Arbitration clause, which is essentially a footnote forbidding consumers from taking banks to court, even when the bank has acted illegally. Under Forced Arbitration, consumers were not able to gather in a class action against a bank, each consumer had to sue the bank on its own.

In summer 2016, when the CHOICE Act was approved by the US House Financial Services Committee, it was been given little attention and mostly viewed as a giant wish list for deregulation. After the election of Donald Trump, the CHOICE Act became widely discussed in Washington and on Wall Street as the President-elect has been handed a roadmap to repeal Dodd-Frank. Turning the legislative text into law will most certainly be a priority for the new government in 2017. The future Treasury Secretary has been very vocal about Dodd-Frank and the Volcker rule, mainly criticising the complexity of the laws, the needed bureaucracy for supervision as well as the costs and impact on Main Street.

In the aftermath of the financial crisis, the US government and the regulatory entities, deployed their energy on making sure that the US taxpayer would not have to spend a single dollar for a bailout and that the US consumer would be protected from rogue lenders. The result could be considered as over regulation. The new administration under President-elect Donald Trump appears at this stage to be oriented towards a growth programme, with a strong deregulation aspect. The key to effective regulation will be to find the right balance between protecting consumers and communities, while at the same time promoting growth and business. This is the challenge that awaits the Trump administration.

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Investing into a more sustainable future: changing businesses from the inside out

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Investing into a more sustainable future: changing businesses from the inside out 1

By Shawn Welch, Vice President and General Manager of Hi-Cone Worldwide

As industries across the world are facing unprecedented uncertainty and anticipating the economic implications of the current health crisis, business leaders have the unique opportunity to seize the chance to make lasting, positive changes and re-interpret the business challenges in a positive way – without forgetting or minimising the toll the pandemic has taken. When trying to identify a way forward, the future must be sustainable. We must take this opportunity to find a more sustainable way for businesses and manufacturers to survive.

Environmental and economic concern have only increased the gap on what consumers want – more sustainability – and how much progress businesses can make without risking their viability. However, rather than giving up on ambitious goals, maybe we need to reframe the way we look at sustainability. So far, businesses have tended to react to consumer demands, often without looking into the long-term implications and research-based due diligence one would expect. Therefore, now is the right time to be more deliberate: to continue on the path towards a truly sustainable ‘new normal’, businesses need to consider the bottom line impact more than ever before and truly invest in changing their business models to become more sustainable.

Shawn Welch

Shawn Welch

To meet the UN’s ambitious 2030 Sustainable Development Goals, businesses ultimately must thrive – working towards establishing a circular economy remains crucial. Instead of a linear ‘extract, use, dispose’ approach, materials need to be respected and re-used as many times as possible, which is only possible if products are designed for re-use, re-manufacturing, repair or restarting. After all, any and all consumption comes at a price. In manufacturing, processes draw on resources to produce items that, once they have served their purpose, become surplus to requirements. Yet, to ignore this is to take an incomplete view of sustainability: instead, materials are extracted from waste to re-enter production processes. Reuse and recycling initiatives are central to this and great strides have been made in raising awareness of this need. The full environmental cost of production and consumption includes the choice of materials themselves but also the level of carbon emissions generated, and energy consumed.

Once products and processes have redesigned for a circular approach, this initial investment will often easily be recouped, especially if we start with looking at the facts when starting this crucial process. To make the Circular Economy a focus for any business very often means changing the business model. Here, investing in research and development is vital. In the packaging industry, for example, we are seeing that customers and consumers are increasingly more focused on sustainability, and that surprising changes can unlock societal and business value. Through minimising a product’s carbon footprint or making recycling easier for consumers, lifecycle-assessment-based product redesigns or using recycled plastics instead of larger quantities of cardboard, companies are identifying these more creative options and enjoying the long-lasting benefits that come with implementing them. In any case, leadership is key. A research-driven approach gets everyone on-board and seeing management committing to these goals as part of business plans helps cement these. At a recent Reuters Responsible Business Summit virtual panel, I was part of an interesting conversation. Here, Yolanda Malone, Vice President Global R&D Snacks PKG, PepsiCo, discussed how leaders have to drive the behaviours within the organisation and the tone for the culture. She explained that her sustainable plastics vision is a world where plastics never become waste. Only through putting the mantra of “reduce, recycle, rethink and reinvent” can we bring circular products to consumer. She stressed that, if we don’t reinvent, we will fall back into old habits.

Of course, consumer behaviours play a part and the easier the solution, the more likely consumers will get behind it. End consumers are becoming increasingly conscious of packaging. So, to be truly circular, we need to take into account the entire lifecycle. Mindset change needs to continue to happen. Consumers need to be clear about what their choices are. To achieve this, we must change our businesses from the inside out, allowing for close collaboration inside and outside of our organisations. Other organisations – such as governments and recycling organisations – will need to be involved in businesses’ efforts, multiplying the impact our investments will have. We must address all aspects of sustainability and, for example, have better recycling, a focus on infrastructure and emphasis on consumer education. To recover, reuse and recycle, the R&D must be in place and dedicated to sustainability. Partnerships are important as we, as other leading global companies realise, cannot do this alone. Collaboration is key when investing in a more sustainable, more Circular, future.

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Securing Information Throughout the Supply Chain – Preventing Supplier Vulnerabilities 

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Securing Information Throughout the Supply Chain – Preventing Supplier Vulnerabilities  2

By Adam Strange, Data Classification Specialist, HelpSystems 

The financial services sector is experiencing extreme disruption coupled with rapid innovation as established institutions strive to become more agile and meet evolving customer demand. At the same time, new market entrants compete fiercely for customers. Increasing operational flexibility, through the deployment of cloud infrastructure or via digital transformation initiatives, is critical for future competitiveness but it has also driven regulatory and security challenges, particularly around working with suppliers.

That said, the benefits of a diverse, interconnected supply chain are compelling: agility, speed, and cost reduction all weigh on the positive side of the equation, prompting financial institutions to pursue close, collaborative relationships with suppliers, often numbering in the hundreds or thousands.

Weakness in the supply chain

On the negative side is the increased cyber threat when enterprises expose their networks to their supply chain. In our modern interconnected digital ecosystems, most financial organisations have many supply chain dependencies and it only takes one of these to have cybersecurity vulnerabilities to bring a business to its knees.

As a result, breaches originating in third parties are common and costly – a Ponemon Institute/IBM study found that breaches being caused by a third party was the top factor that amplified the cost of a breach, adding an average of $370,000 to the breach cost.

Concern around the supply chain was also evidenced in a recent report we have just issued, whereby we interviewed 250 CISOs and CIOs from financial institutions about the cybersecurity challenges they face and nearly half (46%) said that cybersecurity weaknesses in the supply chain had the biggest potential to cause the most damage in the next 12 months.

But sharing information with suppliers is essential for the supply chain to function. Most financial services organisations go to great lengths to secure intellectual property, personally identifiable information (PII) and other sensitive data internally, yet when this information is shared across the supply chain, does it get the same robust attention?

Further amplified by COVID-19

Financial service organisations have always been a key target for cyber attacks.  Our research showed that since COVID-19 hit, the risk has elevated further, with 45% of the respondents seeing increased cybersecurity attacks during this period. Likewise, hackers are rejecting frontal assaults on well-defended walls in favour of infiltrating networks via vulnerabilities in suppliers.

But financial services organisations must maintain reputations and ensure customer trust. Firms are keen to demonstrate that they are protecting customer assets, providing an ultra-reliable service and working with trustworthy partners. So, what can they do to better protect their supplier ecosystem?

At the very least, they need to ensure basic controls are implemented around their suppliers’ IT infrastructure.  For example, they must ensure suppliers maintain a secure infrastructure with a minimum of Cyber Essentials or the equivalent US CIS certification controls. Cyber Essentials defines a set of controls which, when implemented, provide organisations with basic protection from the most prevalent forms of threats, focusing on threats which require low levels of attacker skill, and which are widely available online.

Likewise, they need to ensure good information management controls are in place and this begins with accurate information/data classification. After all, how can you apply appropriate controls to your information unless you know what it is and where it is?

How ISO27001 helps organisations put in place a data classification process

The international standard on information security, ISO27001, describes the basic ingredients for data classification to ensure the data receives the appropriate level of protection in accordance with its importance to the organisation. It comprises three basic elements:

  • Classification of data – in terms of legal requirements, value, criticality and sensitivity to unauthorised disclosure or modification.
  • Labelling of data – an appropriate set of procedures for information labelling should be developed and implemented in accordance with the organisation’s information classification scheme.
  • Handling of assets – procedures for the handling of assets developed and implemented in accordance with the organisation’s information classification scheme.

Adoption of this methodology will help financial services organisations and their supply chain take a more data-centric information security approach. However, there are essentially four key stages for implementing a data risk assurance supply chain approach and these are:

 1. Approval – in organisations with complex supply chains senior management, vendor management, procurement and information security will all need to support a robust risk-based information management approach. Details of previous incidents and their impact alongside the business benefits will be essential to gain stakeholder buy in.

 2. Preparation – Organisations should start with Tier 1 suppliers and initially identify the contracts with the highest business impact/risk. They should identify and record information repositories and the data that they contain together with the responsible business owners. Define a business taxonomy based on information categories of that data and include supply chain factors such as what information categories are shared.

For example, they need to understand the business impact of compromise against each of the information categories. Have any suppliers suffered security incidents? What assurance mechanisms are in place? Once all this information is collated the organisation can create a data classification policy and define a set of controls for each data category.

 3. Discovery – Select each data category and identify the associated contracts. Then prioritise the data category based on the risk assessment and verify that the data security controls and arrangements for each data category and contract meet the overall requirements. Once complete, hand over the contract for inclusion in the vendor management cycle.

4. Embed process – the overall objective is to embed information risk management into the procurement lifecycle from start to finish. Therefore, whenever a new contract is created there are a number of actions required which embed data risk at each stage of the bid, tender, procurement, evaluation, implementation and termination phases of the contract.

To summarise, organisations should start by researching the information risk and security frameworks such as ISO27001 and others. They should then focus on defining their business taxonomy and data categories together with the business impact of compromise to help develop a data classification scheme. Finally, they should implement the data classification scheme and embed data risk management into the procurement lifecycle processes from start to finish. By effectively embedding data risk management and categorisation into their procurement and vendor management processes, they are preventing their suppliers’ vulnerabilities becoming their own and are more effectively securing data in the supply chain.

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Deloitte: Middle East organizations need to rethink their workforce in the wake of COVID-19

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Deloitte: Middle East organizations need to rethink their workforce in the wake of COVID-19 3

Organizations in the Middle East have had to take immediate actions in reaction to the COVID-19 pandemic, such as shifting to remote and virtual work, implementing new ways of working and redirecting the workforce on critical activities. According to Deloitte’s 10th annual 2020 Middle East Human Capital Trends report, “The social enterprise at work: Paradox as a path forward,” organizations now need to think about how to sustain these actions by embedding them into their organizational culture.

“COVID-19 has created a clarifying moment for work and the workforce. Organizations that expand their focus on worker well-being, from programs adjacent to work to designing well-being into the work itself, will help their workers not only feel their best but perform at their best. Doing so will strengthen the tie between well-being and organizational outcomes, drive meaningful work, and foster a greater sense of belonging overall,” said Ghassan Turqieh, Consulting Partner, Human Capital, Deloitte Middle East.

According to the Deloitte report, many organizations in the Middle East made quick arrangements to engage with employees in the wake of the pandemic through frequent communications, multiple webinars where senior leaders addressed employee concerns, virtual employee events, manager check-ins, periodic calls and other targeted interactions with the workforce.

The report also discussed how UAE and KSA governments have reexamined work policies and practices, amended regulations and introduced COVID-19 initiatives to support companies and the workforce in the public and private sectors. Flexible and remote working, team-building and engagement activities, well-ness programs, recognition awards and modern workspaces are among the many things that are now adding to the employee experience.

Key findings from the Deloitte global report include:

  • Only 17% of respondents are making significant investments in reskilling to support their AI strategy with only 12% using AI primarily to replace workers;
  • 27% of respondents have clear policies and practices to manage the ethical challenges resulting from the future of work despite 85% of respondents saying the future of work raises ethical challenges;
  • Three-quarters of leaders are expecting to source new skills and capabilities through reskilling, but only 45% are rewarding workers for the development of new skills; and
  • Only 45% of respondents are prepared or very prepared to take advantage of the alternative workforce to access key capabilities despite gig workers being likely to comprise 43% of the U.S. workforce this year according to the Bureau of Labor Statistics.

“Worker well-being is a top priority today, and similarly to the rest of the world, companies in the Middle East are focusing their efforts to redesign work around well-being by understanding workforce well-being needs,” said Rania Abu Shukur, Director, Human Capital, Consulting, Deloitte Middle East.

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