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The answer is above in my article.
Thank you
Ahmed Saharti
Lawyer, Legal and Compliance Advisor
Yes. every staff member is not only responsible but also accountable.
The basic 3 lines or levels of defense principle reinforces this understanding where compliance and control functions are only the second line of defense.
Yes, every individual is responsible.
No legal system, whether it is civil law, common law or sharia, accepts ignorance of the law. Compliance is a responsibility of everybody. Either you know it and you are directly responsible, or you should have known it meaning you are still responsible, or you should have involved experts who have the knowledge meaning you are still responsible for failing to do so. The requirements grow tighter and tighter and we are all part of it.
Absolutely. I was appointed independent counsel to investigate and prosecute violations resulting from the failure of a regional bank in Asia/Pacific. I made ne distinction as to who in the organization to pursue. If I identified a person even one of lower rank in the bank I prosecuted that person just as I did for the CEO.
Compliance should be part of the culture of the organisation. It is not just the responsibility of specialist compliance staff. Nevertheless, a bank will be able to manage its compliance risk more effectively if it has a compliance function in place that is consistent with the “compliance function .Adherence to compliance needs to be ensured by all employees to create a clean and hygienic business which ultimately benefit organization followed by economy of country ....
Of course , We rae working in a financial institution/bank as per
certian rules and regulations like Central Bank of UAE and etc.
Yes, it is their responsibility comply with the regulatory requirements, it is necessary for the Institution, the employee and the management, the risk involve for not complying on the regulatory requirements is on a high side. it may lead to serious violation or worse may lead to imprisonment.
Yes of course...it is the company's whole responsibility to perform due diligence and comply with all policies and procedures.
certainly, if the employee has signed the code of business conduct and Ethics at the time of joining the company. In fact it is financial institution's governing body to ensure the compliance of all rules and regulations under which it is conducting business operations/functions.
Yes, Compliance is part our work
Of course. Compliance is a cross functional activity. It's vital to do healthy and profitable business
