December 26, 2013
Financial Services Agency
Encouraging the Efforts to Sever Relationships with Antisocial Groups
The Financial Services Agency (hereinafter referred to as the “FSA”), financial institutions, and industry associations will promote the following efforts to enhance the effectiveness of severing relationships with antisocial groups, while maintaining cooperation with relevant ministries and agencies as well as related groups. In addition, the FSA will make necessary amendments to the supervisory guidelines within this program year.
1.Prevention of Transactions with Antisocial Groups (Pre-contract)
Thorough introduction of a clause to exclude antisocial elements
Financial institutions should reconfirm that they will thoroughly introduce an article to exclude antisocial elements in financial transactions, including the quadripartite captive loan schemes.
Improvement and reinforcement of the database on antisocial groups
Improvement of the database on antisocial groups by each financial institution and industry association
All financial institutions and industry associations make ongoing efforts to improve their database on antisocial groups by actively collecting and analyzing information on antisocial groups. In doing so, they will make progress in sharing their database within their group or between industry groups.
Promoting the consideration of making the National Police Agency (hereinafter referred to as the “NPA”) database accessible to banks
To establish a system which allows banks to make online requests for NPA’s information on organized crime syndicates, working level officers in the FSA, NPA, and Japanese Bankers Association (hereinafter referred to as the “JBA”) will cooperate and accelerate the discussion for finding solutions to problems related to establishing such system, such as how to prevent information leaks.
Reinforcement of pre-execution screening for the captive loan schemes
The financial institutions will be required to develop a pre-screening system for captive loans. Each financial institution will verify whether affiliated credit companies have introduced a clause excluding antisocial elements in loan agreements, and properly developed a database on antisocial groups.
2.Post-Execution Checks and Internal Control (Middle)
Reinforcement of the post-execution checking system
Financial institutions will reinforce the post-execution checking system for existing claims and contracts by improving the database on antisocial groups, and increasing the frequency of screenings, etc.
Thorough internal control system to sever relationships with antisocial groups
In order to sever relationships with antisocial groups, financial institutions will establish thorough internal control by ensuring the prompt reporting of transactions with antisocial groups to the management as well as appropriate management involvement.
3.Termination of Transactions with Antisocial Groups (Exit)
Encouraging termination of transactions with antisocial groups
Financial institutions will promote the elimination of transactions with antisocial groups, while cooperating with the NPA, lawyers, etc. Further, in the case where they have identified existing transactions as involving anti-social elements, they will pay close attention to prevent the offering of payoffs to antisocial groups, by trying to collect the claims.
Promoting effective utilization of the mechanism to purchase and collect specified difficult recovery claims by deposit-taking financial institutions
The FSA and Deposit Insurance Corporation will encourage deposit-taking financial institutions to use the mechanism by announcing that they can use it for the captive loan schemes, even in cases where they collect the claims paid by subrogation from credit companies, as well as improving the mechanism.
The application of RCC by credit companies and insurance companies as servicers
Credit companies and insurance companies who are not related to the mechanism for purchasing and collecting specified difficult recovery claims will make use of the servicer function of RCC, when they try to collect the claims against antisocial groups.
Financial Services Agency
Tel +81-(0)3-3506-6000 (main)
Supervisory Coordination Division (ext.3311)
Banks Division I (ext.3753)
Banks Division II (ext.3320)
Cooperative Financial Institutions Office (ext.3736)
Insurance Business Division (ext.3863)
Securities Business Division (ext.3352)
Financial System Stabilization Management Office (ext.3224)
Nonbank Financial Companies Office (ext.3319)
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