• Appendices: Appendix TC-1

    • Qualifications and Core Competencies of Controlled Functions

      Role Core Competencies How can competence be demonstrated?
      Director Directors should have:
      (a) Experience to demonstrate sound business decision-making; and
      (b) A good understanding of the industry and its regulatory environment.
      This person should be experienced in the industry. Competence could be demonstrated by:
      (a) Holding a relevant professional qualification; or
      (b) A minimum length of service (at least 5 years at director or senior management level) in the financial industry.
      Chief Executive or General Manager These roles require:
      (a) A clear understanding of the role and responsibilities associated with this position;
      (b) A good understanding of the licensee's business, the broader industry and its regulatory environment; and
      (c) The relevant experience and qualifications associated with any executive responsibilities.
      This person should be experienced in the industry. Competence could be demonstrated by:
      (a) Holding a relevant professional qualification; or
      (b) A minimum length of service (at least 5 years at a relatively senior position) in the financial industry.
      Head of Function This role requires:
      (a) A clear understanding of the role and responsibilities associated with the relevant function;
      (b) A good understanding of the licensee's business, the broader industry and its regulatory environment; and
      (c) The relevant experience and qualifications to fulfill their responsibilities.
      A senior manager responsible for a specialist function should demonstrate the competencies required for that role.
      (a) The person must have area specific experience/qualifications as required for head of function. These include accounting qualifications for financial managers, Bachelors degree in banking or finance, MBA, etc. and/or
      (b) The head of function should have at least 5 years of experience in the industry and will typically hold, or be working towards, a relevant professional qualification as appropriate to the controlled function.
      Compliance Officer A Compliance Officer should:
      (a) Have the ability and experience to take responsibility for implementing and maintaining compliance policies;
      (b) Have the appropriate level of experience to demonstrate independence from other functions within the licensee; and
      (c) Have a thorough understanding of the industry and the applicable regulatory framework.
      The level of required competence varies based on the scope, magnitude and complexity of the licensee.
      The person should have a minimum of 2 years of relevant experience in a compliance function of a financial institution.

      Additional relevant certifications may include:
      (a) Diploma in International Compliance offered by the International Compliance Association; and/or
      (b) Other relevant professional qualification.
      Money
      Laundering
      Reporting
      Officer
      (MLRO)
      The MLRO should:
      (a) Understand the business and how the Anti Money Laundering framework applies thereto; and
      (b) Have the appropriate level of experience to demonstrate independence from staff of the licensee dealing directly with customers.
      An MLRO will typically hold a relevant professional qualification and / or a qualification related to the financial activities. These may include:
      (a) Certified Anti-Money Laundering Specialist Examination (ACAMS);
      (b) Other relevant MLRO programs; and/or
      (c) Diploma in International Compliance offered by the International Compliance Association.
      Additionally, he must have undergone training in anti money laundering, in a recognized institute. The initial training must be for a period of 35 hours or more.

      MLROs should have thorough knowledge of the financial institutions industry and be familiar with relevant international standards and applicable domestic regulatory requirements.
      October 2010