FSA Nesaletter July 2006
The Financial Services Agency welcomed 18 sixth-graders from Tsuchihashi Public Elementary School of Kawasaki City, who learned about finance and the economy (on June 1).

 

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Amendment to the Comprehensive Guideline for Supervision of Insurance Companies


On June 2, 2006, the Financial Services Agency (FSA) amended the ''Comprehensive Guideline for Supervision of Insurance Companies'' (hereinafter referred to as the ''Guideline for Supervision''). This amendment was made to address the following two issues, of which an overview is given in the subsequent sections:
  • To clarify the points to be noted by an insurance company in improving and developing a claims payment management system
  • To clarify ''other incidental operations'' of an insurance company
 
I. Clarifying Points to be Noted by an Insurance Company in Improving and Developing a Claims Payment Management System
1. Development Leading to the Amendment
        In response to the problems of inappropriate omission of insurance claims and benefits payments at life insurance companies, and missed payments of incidental insurance benefits at non-life insurance companies that occurred last year, the FSA issued a blanket request for report submission to all insurance companies.
   Having sorted out the results of analyzing the problems found in those reports, as well as issues in various areas, the FSA decided to amend the Guideline for Supervision in an attempt to clarify the points to be noted by each insurance company in improving and developing its claims payment management system.
   Seeing that making timely and appropriate insurance claims payments is fundamental, and is the most important function, both necessary and essential, for any insurance company to operate its insurance business, each company is required to set up an appropriate payment management system under the exercise of the appropriate governance functions founded on the self-responsibility principle, with the amended Guideline for Supervision also taken into account.
   
2.
 
Contents of the Amendment
           For the purpose of establishing a prompt and appropriate payment management system in relation to the overall management of insurance claims payments, issues were classified into the following categories:
       
  • Awareness by directors, etc., and the role of the Board of Directors, etc. regarding insurance claims payments
  • Awareness by and the role of managers who are engaged in insurance claims payments
  • Personnel development, and maintenance/improvement of the adjustment skills of claims adjusters
  • Coordination with relevant divisions
  • Development of a system in the payment management division
  • Internal audits
  • Audits by auditors

For each of these categories, the FSA has clarified the points to note, and has made other necessary changes as well.


II.

Clarifying ''Other Incidental Operations'' of an Insurance Company
    1. Development Leading to the Amendment
           As the Insurance Business Law remained ambiguous as to the legality of offerings by an insurance company of services such as business matching, such services were not exactly an area in which insurance companies were actively engaged in the past, given the regulation prohibiting non-insurance operations.
   Having recently received a deregulation request from the insurance industry, calling for the clarification that such services fall within what are called, ''other incidental operations'' under the Insurance Business Law, and may accordingly be offered by an insurance company as a business, the FSA examined the issue, taking into consideration the fact, for instance, that the treatment of such services has already been clarified in relation to banks. As a result of its examination, the FSA decided to clarify, in the Guideline for Supervision, that consulting services, business matching services and administrative work outsourcing services fall under ''other incidental operations.''
   
2.

Contents of the Amendment
           It has now been clarified that consulting services, business matching services and administrative work outsourcing services, all of which an insurance company has traditionally allowed to implement in conjunction with its conventional operations, fall under ''other incidental operations,'' even when the insurance company conducts them separately from its conventional operations, from the perspectives of better serving client companies and making effective use of expertise, etc. in its conventional operations.
   At the same time, the points to note and other matters in the implementation of ''other incidental operations'' have also been clarified, for example: whether a system has been set in place that is designed to ensure strict compliance with laws and regulations, etc., such as the prevention of acts that may be deemed to constitute an abuse of the dominant position and may be problematic in light of the Anti-Monopoly Law.


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Financial Statements of Major Banks for FY 2005

 

Following the announcements by the major banks of their financial results for FY 2005, the Financial Services Agency (FSA) calculated the figures, etc. announced by the respective banks, and then released them on May 23, 2006.
   The following sections describe an overview of the financial results of the major banks for FY 2005.


1.

Financial Results of the Major Banks
    Their net profits totaled 3 trillion yen, marking a record high with a significant year-on-year increase of 2.4 trillion yen. While their operating profits from core business took a steady course, this positive growth in net profits was presumably helped to a great extent by such special factors such as that some of the losses that the banks had incurred by their allowances for bad debts to dispose of non-performing loans in past years have now been recovered as profits, thanks to the business turnaround of borrower companies against the backdrop of an upturning economic environment.
   Their capital adequacy ratio was 12.2%, showing a good improvement, with an increase of 0.6 percentage points year-on-year.

2.

Status of the Major Banks' Non-Performing Loan Ratio
    The total balance of their non-performing loans (loans disclosed under the Financial Reconstruction Law) amounted to 4.6 trillion yen, down by 37.5% year-on-year. Those in the ''in danger of bankruptcy'' category decreased by 49.1% from the previous year to 2.4 trillion yen, while those in the ''special attention'' category decreased by 17.8% from the previous year to 2.3 trillion yen.
   Their non-performing loan ratio dropped to 1.8%, a 1.1% decrease from the 2.9% recorded for the fiscal term ended March 2005. This presumably reflects progress in the major banks' continuing efforts to restore soundness in their asset holdings after they achieved the goal of halving their non-performing loan ratio in the financial results for the fiscal term ended March 2005.
(Note) A goal stated in the ''Program for Financial Revival,'' which was developed and released in October 2002, ''to normalize the NPLs problems in FY 2004 by reducing the major banks' NPL ratio to about half of the figure for the fiscal term ended March 2002 (8.4%).''
   

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FSA Signs MOUs with Financial Intelligence Units of Australia, Thailand, Hong Kong and Canada for Information Exchange on Suspicious Transactions

 
1.   On May 9, 2006, the Financial Services Agency (FSA) signed an official document with the financial intelligence unit (hereinafter referred to as ''FIU'' (Note 1)) of Australia for the purpose of developing a framework for information exchange. Later, the FSA also signed MOUs for information exchange frameworks with the FIUs of Thailand and Hong Kong on May 15, as well as another MOU for an information exchange framework with the FIU of Canada on June 12.
   The FIU of Australia is a governmental agency that has its headquarters in Sydney, and branches in Melbourne, Adelaide, Brisbane and Perth, and is staffed with more than 100 employees. The MOU for an information exchange framework with Australia's FIU was signed in Sydney by and between the respective heads of the FIUs of Japan and Australia, Nobuyoshi Chihara, Deputy Commissioner for International Affairs, and Mr. Neil Jensen (see photo).

2.
 

Under the Organized Crime Punishment Law (Note 2), financial institutions including banks and securities companies are required to report to the Japan Financial Intelligence Office of the FSA (hereinafter referred to as the ''JAFIO''), which is Japan's FIU, on any transaction suspected of involving criminal proceeds or terrorist financing, etc. The information exchange frameworks that have just been established provide for information exchange procedures, etc. to apply between the JAFIO and the FIUs of Australia, Thailand, Hong Kong and Canada regarding such transactions suspected of involving criminal proceeds or terrorist financing. With this setup, the FSA is now able to promptly exchange information with these signatory countries and regions on transactions suspected of involving criminal proceeds or terrorist financing.
 

Mr. Neil Jensen, the head of Australia's FIU, and Mr. Nobuyoshi Chihara, the head of the JAFIO, exchange signed documents

3.
 
Given the increasing internationalization of crimes and terrorist attacks, it has now become an important task for the enforcement and intelligence authorities of countries to share information, and crack down on them in a concerted fashion and, accordingly, there is an international consensus on the promotion of information exchange between FIUs. This situation has led to actions by the FIUs of countries all around the world, of which Japan is one, for establishing networks for information exchange. Thus far, Japan has set up an information exchange framework with nine countries and regions including those described above (refer to the table below). In order to promptly establish information exchange frameworks with other major countries as well, consultations are currently under way.
 
Country Date Signed Name of FIU
United Kingdom June 2001 SOCA
(Financial Intelligence Unit of the Serious Organised Crime Agency)
(Note) This was formerly the NCIS (Economic Crime Unit of the National Criminal Intelligence Service) before the organizational change in April of this year and at the time of the signing of the MOU.
Kingdom of Belgium June 2003 CTIF-CFI (Financial Intelligence Processing Unit)
Republic of Korea December 2003 KoFIU (Korea Financial Intelligence Unit)
Republic of Singapore July 2004 STRO (The Suspicious Transaction Reporting Office)
United States of America December 2004 FinCEN (Financial Crimes Enforcement Network)
Commonwealth of Australia May 2006 AUSTRAC (The Australian Transaction Reports and Analysis Centre)
Kingdom of Thailand May 2006 AMLO (The Anti-Money Laundering Office)
Hong Kong Special Administrative Region May 2006 JFIU (The Joint Financial Intelligence Unit)
Canada June 2006 FINTRAC (The Financial Transactions and Reports Analysis Centre)

4.
 
Australia, Thailand and Hong Kong are countries and regions that are closely related to Japan geographically and economically, and Sydney in Australia, Bangkok in Thailand, and Hong Kong are all financial centers of the Asia and Pacific region. Likewise, Canada is also a country that has active relations with Japan in the economic and financial fields. As it is important to promptly exchange information with these countries and regions regarding transactions suspected of involving criminal proceeds or terrorist financing from the viewpoint of, among other things, fighting against crime and terrorist financing in Japan, the FSA believes that the information exchange frameworks that we now have are of great significance.

Note 1:

The acronym for ''Financial Intelligence Unit,'' which refers to a governmental body that receives and analyzes, and supplies to investigative authorities, etc., all information on suspicious transactions related to money laundering and terrorist financing. Japan's FIU is the Japan Financial Intelligence Office of the Financial Services Agency.
Note 2: The Law Concerning Punishment of Organized Crime, Control of Criminal Proceeds and Other Matters.

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