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Financial Institutions Risk Management in Myanmar: A Regulatory Framework

In a bid to reform and develop Myanmar’s financial sector, the Financial Institutions Law (FIL) was enacted in 2016, replacing the previous Financial Institutions of Myanmar Law, 1990. The FIL serves as the primary legal framework governing the establishment, operation, and supervision of various financial institutions in the country.

Applicability

The law applies to:

  • Banks
  • Non-bank financial institutions (NBFIs)
  • Financial holding companies (FHCs)

excluding insurance companies, microfinance institutions, and cooperatives. It establishes a licensing regime for all financial institutions by the Central Bank of Myanmar (CBM) and specifies minimum capital adequacy ratios for different types of institutions.

Anti-Money Laundering Law

To combat money laundering and terrorism financing, the Anti-Money Laundering Law 2014 prohibits:

  • Money laundering, including concealment, acquisition, conversion, or use of illegally obtained funds
  • Financing of terrorism and predicate offenses such as drug trafficking, corruption, and fraud

Banks, including KBZ Bank, must adhere to the provisions of the law and implement effective Anti-Money Laundering/Counter-Terrorism Financing (AML/CFT) programs.

AML/CFT Risk-Based Management Guidance Note

The guidance note directs all banks to:

  • Develop effective frameworks and practices to manage their money laundering and terrorist financing risks
  • Establish a comprehensive risk management process, including:
    • Board and senior management oversight
    • Identifying, measuring, evaluating, monitoring, reporting, controlling, and mitigating material risks on a timely basis

Customer Due Diligence Directive

The Central Bank of Myanmar has issued the Directive on Customer Due Diligence (CDD) related to anti-money laundering and counter-financing of terrorism. The directive requires banks and financial institutions to:

  • Have adequate controls and procedures in place to know their customers
  • Conduct regular risk assessments
  • Implement transaction monitoring mechanisms

Guideline on Risk Management Practices of Banks

The Central Bank of Myanmar has issued the Guideline on Risk Management Practices of Banks, which emphasizes the importance of establishing a comprehensive risk management system overseen by the bank’s Board of Directors. The guideline defines seven key financial risks, including:

  • Credit risk
  • Market risk
  • Liquidity risk
  • Operational risk
  • Legal and regulatory risk
  • Reputational risk
  • Strategic risk

Objectives

The objectives of this guideline are to:

  • Ensure that banks’ risk management systems are appropriate to their nature, scale, and complexity
  • Encourage them to enhance their risk management practices
  • Set out the standards used in assessing risk management systems under the CBM’s risk-based approach to supervision.