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Navigating The Complexity of Ownership From The Lens of Sanction By Extension

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Lapses in UBO Identification, Sanctions Compliance, and Corporate data

Tuesday, 30th April. 13:00 - 14:00 London Time (GMT+1)

Speaker

Louie Vargas

Speaker

Michael Harris

European Banking Authority

19 March, 2024

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The European Banking Authority has a mission to create a secure business environment in the EU through a transparent financial sector. The EBA creates strict regulations for the financial system to prevent money laundering and terrorist financing. The EU companies and organizations that fall under the European Banking Authority must comply with their obligations. Originating from the EU’s financial committee and banking supervisors, EBA plays a pivotal role in combating financial crimes.  

Brief History 

The European Banking Authority was established on 1 January 2011 as an independent EU department. The European Parliament and Council created it to develop simple, consistent, and fair regulations. Since then, it has worked on various platforms to secure the EU’s financial system. The EBA creates the latest regulations and verifies the harmonization of international standards. It ensures that financial institutes comply with rigid regulations.

The EBA also provides guidance and support to financial institutions to assist them in complying with regulations. It also evaluates and monitors financial institutions to ensure they take the necessary steps to protect consumers. Finally, the EBA works to promote public awareness of the financial sector.

Key Responsibilities of the EBA 

The main objective of the European authority is to create a single rulebook for the banking sector. However, along with these, they have various challenges and tasks to monitor. In addition, the EBA supervises companies’ risk assessment reports. Below are some key responsibilities of the EBA: 

  • Provides the centralized report of the companies to transparent business structure
  • Collaborate with the international and national authorities for better information procedure 
  • Promotes financial institutes that are complying with regulations to ensure consumers are protected
  • Investigate the companies that are not complying or have inadequate measures 
  • Resolve cross-border financial trades with transparent deals 

European Financial Supervision Structure  

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Structure of the European Banking Authority

Board of Supervisors 

They are the EBA’s main decision-making body, control regulations, and create new obligations for the financial sector. They gathered representatives from the 27 European member states, as well as the European Central Bank (ECB) and the Commission. The BoS also supervises the regulations and advises new obligations to the government so the EU’s financial organizations can combat the latest scams. The BoS adopts regulatory and supervisory standards, guidelines, and recommendations and decides on other vital matters, such as the EBA’s budget and work program.

Management Board 

The director of the EBA controls the management board, which deals with the office’s daily tasks. The director and senior representatives from the national security authorities are included in the management board. They have complete control of the EBA’s operations against noncompliance institutes. The board director comprises six members, and the BoS selects the chairman. They must ensure compliance with other institutes’ regulations and work interests in the European Union. 

Chairperson 

The board of supervisors selects the chairperson. Its role is to arrange directors’ meetings and report on their activities. Every five years, the BoS votes to choose a new chairperson. The chairperson should be experienced in the financial field and have control over the directors to audit their compliance.  

Internal Operational 

They have various departments for internal operations, such as the paperwork, to cover the financial loops, and monitor financial activities. They have to deal with AML compliance and consumer markets or products. They have separate departments to supervise the financial activities of the banks. The bank stakeholder group also works with them to bind technical standards, guidelines, and recommendations.

Role of the EBA in AML Regulations 

The European Banking Authority has a vital role in ensuring that financial institutes of the EU are working under rigid standards. Moreover, it guarantees the dignity and stability of the European financial system, particularly in business verification and Anti-Money Laundering (AML) regulation. Below is the breakdown of its key function in business verification:

Harmonization of standards: The EBA develops transparent rules for business verification across the EU. This helps ensure that all credit institutions and investment firms follow the same high standards, regardless of location. These rules include Know Your Customer (KYC) procedures, customer due diligence (CDD), and beneficial ownership identification.

Developing AML/CFT framework: The EBA also plays a key role in developing the EU’s AML/CFT framework. It does this by drafting technical standards, issuing guidelines, and advising the European Commission and the European Parliament. It also monitors the implementation of the EU’s AML/CFT framework and assesses its effectiveness. The EBA also provides support for Member States in their efforts to implement.

Issuing guidelines and recommendations: It provides guidance and recommendations to national competent authorities (NCAs) on implementing and enforcing business verification requirements. This helps to ensure consistent application of the rules across the EU and reduces the risk of regulatory arbitrage.

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