The Basel ii
Accord
From the Basel ii Compliance Professionals Association (BCPA)
the largest association of Basel ii Professionals in the
world
V. Operational Risk A. Definition of
operational risk
644. Operational risk is defined
as the risk of loss resulting from
inadequate or failed internal processes, people and
systems or from external events.
This definition includes legal
risk*, but excludes strategic and reputational
risk.
*
Legal
risk includes, but is not limited to, exposure to fines,
penalties, or punitive damages resulting from
supervisory actions, as well as private
settlements.
B. The measurement
methodologies
645. The framework outlined
below presents three methods for calculating operational
risk capital charges in a continuum of increasing
sophistication and risk sensitivity:
(i) the Basic
Indicator Approach;
(ii) the
Standardised Approach; and
(iii) Advanced
Measurement Approaches (AMA).
646. Banks are encouraged to
move along the spectrum of available approaches as they
develop more sophisticated operational risk measurement
systems and practices.
Qualifying criteria for the
Standardised Approach and AMA are presented
below.
647. Internationally active
banks and banks with significant operational risk
exposures (for example, specialised processing banks)
are expected to use an approach that is more sophisticated than the Basic
Indicator Approach and that is appropriate for the risk
profile of the institution*.
A bank will
be permitted to use the Basic Indicator or Standardised
Approach for some parts of its operations and an AMA for
others provided certain minimum criteria are met,
see paragraphs 680 to 683.
*
Supervisors will review the capital requirement produced
by the operational risk approach used by a bank (whether
Basic Indicator Approach, Standardised Approach or AMA)
for general credibility, especially in relation to a
firm’s peers. In the event that credibility is lacking,
appropriate supervisory action under Pillar 2 will be
considered.
648. A bank will not be allowed
to choose to revert to a simpler approach once it has
been approved for a more advanced approach without
supervisory approval.
However, if a supervisor
determines that a bank using a more advanced approach no
longer meets the qualifying criteria for this approach,
it may require the bank to revert to a simpler approach
for some or all of its operations, until it meets the
conditions specified by the supervisor for returning to
a more advanced approach.
1. The Basic
Indicator Approach
649. Banks using the Basic
Indicator Approach must hold capital for operational
risk equal to the average over the previous three years
of a fixed percentage (denoted alpha) of positive annual
gross income. Figures for any year in which annual gross
income is negative or zero should be excluded from both
the numerator and denominator when calculating the
average.
The charge* may be expressed as
follows:

* If
negative gross income distorts a bank’s Pillar 1 capital
charge, supervisors will consider appropriate
supervisory action under Pillar 2.
where:
KBIA = the capital charge under
the Basic Indicator Approach
GI = annual gross income, where
positive, over the previous three
years
N = number of the previous three
years for which gross income is
positive
α = 15%, which is set by the
Committee, relating the industry wide level of required
capital to the industry wide level of the
indicator.
650.
Gross income is defined as net interest income plus net
non-interest income*.
100 It is intended that this
measure should:
(i) be gross of any provisions
(e.g. for unpaid interest);
(ii) be gross of operating
expenses, including fees paid to outsourcing service
providers;**
(iii) exclude realised
profits/losses from the sale of securities in the
banking book;*** and
(iv) exclude extraordinary or
irregular items as well as income derived from
insurance.
*
As defined by national supervisors and/or
national accounting standards.
**
In
contrast to fees paid for services that are outsourced,
fees received by banks that provide outsourcing services
shall be included in the definition of gross
income.
***
Realised
profits/losses from securities classified as “held to
maturity” and “available for sale”, which typically
constitute items of the banking book (e.g. under certain
accounting standards), are also excluded from the
definition of gross income.
651. As a point of entry for capital
calculation, no specific criteria for use of the Basic
Indicator Approach are set out in this Framework.
Nevertheless, banks using this
approach are encouraged to
comply with the Committee’s guidance on Sound Practices
for the Management and Supervision of Operational Risk,
February 2003.
2. The
Standardised Approach
652. In the Standardised
Approach, banks’ activities are divided into eight business lines: corporate
-
finance
-
trading &
sales
-
retail
banking
-
commercial
banking
-
payment &
settlement
-
agency
services
-
asset
management
-
retail
brokerage
The business lines are defined
in detail in Annex 8.
* The
Committee intends to reconsider the calibration of the
Basic Indicator and Standardised Approaches when more
risk-sensitive data are available to carry out this
recalibration.
Any such
recalibration would not be intended to affect
significantly the overall calibration of the operational
risk component of the Pillar 1 capital
charge.
The
Alternative Standardised Approach: At national
supervisory discretion a supervisor can choose to allow
a bank to use the Alternative Standardised Approach
(ASA) provided the bank is able to satisfy its
supervisor that this alternative approach provides an
improved basis by, for example, avoiding double counting
of risks.
Once a
bank has been allowed to use the ASA, it will not be
allowed to revert to use of the Standardised Approach
without the permission of its supervisor.
It is not
envisaged that large diversified banks in major markets
would use the ASA.
Under the
ASA, the operational risk capital charge/methodology is
the same as for the Standardised Approach except for two
business lines — retail banking and commercial banking.
For these
business lines, loans and advances — multiplied by a
fixed factor ‘m’ — replaces gross income as the exposure
indicator.
The betas
for retail and commercial banking are unchanged from the
Standardised Approach.
The ASA
operational risk capital charge for retail banking (with
the same basic formula for commercial banking) can be
expressed as:
KRB
= βRB x m x LARB
where
KRB
is the capital charge for the retail banking business
line
βRB
is the beta for the retail banking business
line
LARB
is total outstanding retail loans and advances (non-risk
weighted and gross of provisions), averaged over the
past three years
m is
0.035
For the
purposes of the ASA, total loans and advances in the
retail banking business line consists of the total drawn
amounts in the following credit portfolios: retail, SMEs
treated as retail, and purchased retail receivables.
For
commercial banking, total loans and advances consists of
the drawn amounts in the following credit portfolios:
corporate, sovereign, bank, specialised lending, SMEs
treated as corporate and purchased corporate
receivables.
The book
value of securities held in the banking book should also
be included.
Under the
ASA, banks may aggregate retail and commercial banking
(if they wish to) using a beta of 15%.
Similarly,
those banks that are unable to disaggregate their gross
income into the other six business lines can aggregate
the total gross income for these six business lines
using a beta of 18%, with negative gross income treated
as described in paragraph 654.
As under
the Standardised Approach, the total capital charge for
the ASA is calculated as the simple summation of the
regulatory capital charges across each of the eight
business lines.
653. Within each business
line, gross income is a broad
indicator that serves as a proxy for the scale of
business operations and thus the likely scale of
operational risk exposure within each of these business
lines.
The capital charge for each
business line is calculated by multiplying gross income
by a factor (denoted beta) assigned to that business
line.
Beta serves as a proxy for the
industry-wide relationship between the operational risk
loss experience for a given business line and the
aggregate level of gross income for that business line.
It should be noted that in the
Standardised Approach gross income is measured for each
business line, not the whole institution, i.e. in
corporate finance, the indicator is the gross income
generated in the corporate finance business
line.
654. The
total capital charge is calculated as the three-year
average of the simple summation of the regulatory
capital charges across each of the business lines in
each year.
In any given year, negative
capital charges (resulting from negative gross income)
in any business line may offset positive capital charges
in other business lines without
limit.*
However, where the aggregate
capital charge across all business lines within a given
year is negative, then the input to the numerator for
that year will be zero**.
The total capital charge may be
expressed as:

*
At national discretion, supervisors may adopt a more
conservative treatment of negative gross
income.
** As
under the Basic Indicator Approach, if negative gross
income distorts a bank’s Pillar 1 capital charge under
the Standardised Approach, supervisors will consider
appropriate supervisory action under Pillar
2.
3. Advanced
Measurement Approaches (AMA)
655. Under the AMA, the
regulatory capital requirement will equal the risk
measure generated by the bank’s internal operational
risk measurement system using the quantitative and
qualitative criteria for the AMA discussed below.
Use of the AMA is subject to supervisory
approval.
656. A bank adopting the AMA
may, with the approval of its host supervisors and the
support of its home supervisor, use an allocation
mechanism for the purpose of determining the regulatory
capital requirement for internationally active banking
subsidiaries that are not deemed to be significant
relative to the overall banking group but are themselves
subject to this Framework in accordance with Part 1.
Supervisory approval would be
conditional on the bank demonstrating to the
satisfaction of the relevant supervisors that the
allocation mechanism for these subsidiaries is
appropriate and can be supported empirically.
The board of
directors and senior management of each
subsidiary are responsible for conducting their own
assessment of the subsidiary’s operational risks and
controls and ensuring the subsidiary is adequately
capitalised in respect of those risks.
657. Subject to supervisory
approval as discussed in paragraph 669(d), the
incorporation of a well-reasoned estimate of
diversification benefits may be factored in at the
group-wide level or at the banking subsidiary
level.
However, any banking
subsidiaries whose host supervisors determine that they
must calculate stand-alone capital requirements (see
Part 1) may not incorporate group-wide diversification
benefits in their AMA calculations (e.g. where an
internationally active banking subsidiary is deemed to
be significant, the banking subsidiary may
incorporate the diversification benefits of its own
operations — those arising at the sub-consolidated level
— but may not incorporate the diversification benefits
of the parent).
658. The appropriateness of
the allocation methodology will be reviewed with
consideration given to the stage of development of
risk-sensitive allocation techniques and the extent to
which it reflects the level of operational risk in the
legal entities and across the banking group.
Supervisors
expect that AMA banking groups will continue efforts to
develop increasingly risk-sensitive operational risk
allocation techniques, notwithstanding initial approval
of techniques based on gross income or other proxies for
operational risk.
659. Banks adopting the AMA
will be required to calculate their capital requirement
using this approach as well as the 1988 Accord as
outlined in paragraph 46.
C. Qualifying
criteria 1. The Standardised Approach*
*
Supervisors allowing banks to use the Alternative
Standardised Approach must decide on the appropriate
qualifying criteria for that approach, as the criteria
set forth in paragraphs 662 and 663 of this section may
not be appropriate
660. In order to qualify for
use of the Standardised Approach, a bank must satisfy
its supervisor that, at a minimum:
• Its board of directors and
senior management, as appropriate, are actively involved
in the oversight of the operational risk management
framework;
• It has an operational risk
management system that is conceptually sound and is
implemented with integrity; and
• It has sufficient resources in
the use of the approach in the major business lines as
well as the control and audit areas.
661. Supervisors will have
the right to insist on a period of initial monitoring of
a bank’s Standardised Approach before it is used for
regulatory capital purposes.
662. A bank must develop
specific policies and have documented criteria for
mapping gross income for current business lines and
activities into the standardised framework.
The criteria must be reviewed
and adjusted for new or changing business activities as
appropriate.
The principles for business line
mapping are set out in Annex 8.
663. As some internationally
active banks will wish to use the Standardised Approach,
it is important that such banks have adequate
operational risk management systems.
Consequently, an internationally
active bank using the Standardised Approach must meet
the following additional criteria:*
(a) The bank must have an
operational risk management system with clear
responsibilities assigned to an operational risk
management function.
The operational risk management
function is responsible for developing strategies to
identify, assess, monitor and control/mitigate
operational risk;
-
for codifying firm-level
policies and procedures concerning operational risk
management and controls;
-
for the design and
implementation of the firm’s operational risk
assessment methodology;
-
for the design and
implementation of a risk-reporting system for
operational risk.
(b) As part of the bank’s
internal operational risk assessment system, the bank
must systematically track relevant operational risk data
including material losses by business line.
Its operational risk assessment
system must be closely integrated into the risk
management processes of the bank.
Its output must be an integral
part of the process of monitoring and controlling the
banks operational risk profile.
For instance, this information
must play a prominent role in risk reporting, management
reporting, and risk analysis.
The bank must have techniques
for creating incentives to improve the management of
operational risk throughout the firm.
(c) There must be regular
reporting of operational risk exposures, including
material operational losses, to business unit
management, senior management, and to the board of
directors.
The bank must have procedures
for taking appropriate action according to the
information within the management
reports.
(d) The bank’s operational risk
management system must be well documented.
The bank must
have a routine in place for ensuring compliance with a
documented set of internal policies, controls and
procedures concerning the operational risk management
system, which must include policies for the treatment of non compliance issues.
(e) The bank’s operational risk
management processes and assessment system must be
subject to validation and regular independent review.
These reviews must include both
the activities of the business units and of the
operational risk
management function.
(f) The bank’s operational risk
assessment system (including the internal validation
processes) must be subject to regular review by external
auditors and/or supervisors.
* For
other banks, these criteria are recommended, with
national discretion to impose them as
requirements.
2. Advanced
Measurement Approaches (AMA) (i) General
standards
664. In order to qualify for
use of the AMA a bank must satisfy its supervisor that,
at a minimum:
• Its
board of directors and senior management, as
appropriate, are actively involved in the oversight of
the operational risk management
framework;
• It has an operational risk
management system that is conceptually sound and is
implemented with integrity; and
• It has sufficient resources in
the use of the approach in the major business lines as
well as the control and audit areas.
665. A bank’s AMA will be
subject to a period of initial
monitoring by its supervisor before it can be
used for regulatory purposes.
This period will allow the
supervisor to determine whether the approach is credible
and appropriate.
As discussed below, a bank’s
internal measurement system must reasonably estimate
unexpected losses based on the combined use of internal
and relevant external loss data, scenario analysis and
bank-specific business environment and internal
control factors.
The bank’s measurement system
must also be capable of supporting an allocation of
economic capital for operational risk across business
lines in a manner that creates incentives to improve
business line operational risk
management.
(ii) Qualitative
standards
666. A bank must meet the
following qualitative standards before it is permitted
to use an AMA for operational risk
capital:
(a) The bank must have an
independent operational risk management function that is
responsible for the design and implementation of the
bank’s operational risk management framework.
The operational risk management
function is responsible for codifying firm-level
policies and procedures concerning operational risk
management and controls;
-
for the design and
implementation of the firm’s operational risk
measurement methodology;
-
for the design and
implementation of a risk-reporting system for
operational risk;
-
and for
developing strategies to identify, measure, monitor and
control/mitigate operational risk
(b) The bank’s internal
operational risk measurement system must be closely
integrated into the day-to-day risk management processes
of the bank.
Its output must be an integral
part of the process of monitoring and controlling the
bank’s operational risk profile.
For instance, this information
must play a prominent role in risk reporting, management
reporting, internal capital allocation, and risk
analysis.
The bank must have techniques
for allocating operational risk capital to major
business lines and for creating incentives to improve
the management of operational risk throughout the
firm.
(c) There must be regular
reporting of operational risk exposures and loss
experience to business unit management, senior
management, and to the board of
directors.
The bank must have procedures
for taking appropriate action according to the
information within the management
reports.
(d) The bank’s operational risk
management system must be well documented.
The bank must have a routine in
place for ensuring compliance with a documented set of
internal policies, controls and procedures concerning
the operational risk management system, which must
include policies for the treatment of non compliance
issues.
(e) Internal and/or external
auditors must perform regular reviews of the operational
risk management processes and measurement systems.
This review must include both
the activities of the business units and of the
independent operational risk management
function.
(f) The validation of the
operational risk measurement system by external auditors
and/or supervisory authorities must include the
following:
• Verifying that the internal
validation processes are operating in a satisfactory
manner; and
• Making sure that data flows
and processes associated with the risk measurement
system are transparent and accessible.
In particular, it is necessary
that auditors and supervisory authorities are in a
position to have easy access, whenever they judge it
necessary and under appropriate procedures, to the
system’s specifications and
parameters.
(iii) Quantitative
standards AMA soundness standard
667. Given the continuing
evolution of analytical approaches for operational risk,
the Committee is not specifying the approach or
distributional assumptions used to generate the
operational risk measure for regulatory capital
purposes.
However, a bank must be able to
demonstrate that its approach captures potentially
severe ‘tail’ loss events.
Whatever approach is used, a
bank must demonstrate that its operational risk measure
meets a soundness standard comparable to that of the
internal ratings-based approach for credit risk, (i.e.
comparable to a one year holding period and a
99.9th
percentile confidence interval).
668. The Committee recognises
that the AMA soundness standard provides significant
flexibility to banks in the development of an
operational risk measurement and management system.
However, in the development of
these systems, banks must have and maintain rigorous
procedures for operational risk model development and
independent model validation.
Prior to implementation, the
Committee will review evolving industry practices
regarding credible and consistent estimates of potential
operational losses.
It will also review accumulated
data, and the level of capital requirements estimated by
the AMA, and may refine its proposals if
appropriate.
Detailed
criteria
669. This section describes
a series of quantitative standards that will apply to
internally generated operational risk measures for
purposes of calculating the regulatory minimum capital
charge.
(a) Any internal operational
risk measurement system must be consistent with the
scope of operational risk defined by the Committee in
paragraph 644 and the loss event types defined in Annex
9.
(b) Supervisors will require the
bank to calculate its regulatory capital requirement as
the sum of expected loss (EL) and unexpected loss (UL),
unless the bank can demonstrate that it is adequately
capturing EL in its internal business practices.
That is, to base the minimum
regulatory capital requirement on UL alone, the bank
must be able to demonstrate to the satisfaction of its
national supervisor that it has measured and accounted
for its EL exposure.
(c) A bank’s risk measurement
system must be sufficiently ‘granular’ to capture the
major drivers of operational risk affecting the shape of
the tail of the loss estimates.
(d) Risk measures for different
operational risk estimates must be added for purposes of
calculating the regulatory minimum capital requirement.
However, the bank may be
permitted to use internally determined correlations in
operational risk losses across individual operational
risk estimates, provided it can demonstrate to the
satisfaction of the national supervisor that its systems
for determining correlations are sound, implemented with
integrity, and take into account the uncertainty
surrounding any such correlation estimates (particularly
in periods of stress).
The bank must validate its
correlation assumptions using appropriate quantitative
and qualitative techniques.
(e) Any operational risk
measurement system must have certain key features to
meet the supervisory soundness standard set out in this
section.
These elements must include the
use of internal data, relevant external data, scenario
analysis and factors reflecting the business
environment and internal control
systems.
(f) A bank needs to have a
credible, transparent, well-documented and verifiable
approach for weighting these fundamental elements in its
overall operational risk measurement system.
For example, there may be cases
where estimates of the
99.9th percentile confidence
interval based primarily on internal and external loss
event data would be unreliable for business lines with a
heavy-tailed loss distribution and a small number of
observed losses.
In such cases, scenario
analysis, and business environment and control factors,
may play a more dominant role in the risk measurement
system.
Conversely, operational loss
event data may play a more dominant role in the risk
measurement system for business lines where estimates of
the 99.9th percentile confidence interval based
primarily on such data are deemed reliable.
In all cases, the bank’s
approach for weighting the four fundamental elements
should be internally consistent and avoid the double
counting of qualitative assessments or risk mitigants
already recognised in other elements of the
framework.
Internal
data
670. Banks must track
internal loss data according to the criteria set out in
this section.
The tracking of internal loss
event data is an essential prerequisite to the
development and functioning of a credible operational
risk measurement system.
Internal loss data is crucial
for tying a bank’s risk estimates to its actual loss
experience.
This can be achieved in a number
of ways, including using internal loss data as the
foundation of empirical risk estimates, as a means of
validating the inputs and outputs of the bank’s risk
measurement system, or as the link between loss
experience and risk management and control
decisions.
671. Internal loss data is most
relevant when it is clearly linked to a bank’s current
business activities, technological processes and risk
management procedures.
Therefore, a bank must have
documented procedures for assessing the on-going
relevance of historical loss data, including those
situations in which judgement overrides, scaling, or
other adjustments may be used, to what extent they may
be used and who is authorised to make such
decisions.
672. Internally generated
operational risk measures used for regulatory capital
purposes must be based on a minimum five-year
observation period of internal loss data, whether the
internal loss data is used directly to build the loss
measure or to validate it.
When the bank first moves to the
AMA, a three-year historical data window is acceptable
(this includes the parallel calculations in paragraph
46).
673. To qualify for
regulatory capital purposes, a bank’s internal loss
collection processes must meet the following
standards:
• To assist in supervisory validation,
a bank must be able to map its historical internal loss
data into the relevant level 1 supervisory categories
defined in Annexes 8 and 9 and to provide these data to
supervisors upon request.
It must have documented,
objective criteria for allocating losses to the
specified business lines and event types.
However, it is left to the bank
to decide the extent to which it applies these
categorisations in its internal operational risk
measurement system.
• A bank’s internal loss data
must be comprehensive in that it captures all material
activities and exposures from all appropriate
sub-systems and geographic locations.
A bank must be able to justify
that any excluded activities or exposures, both
individually and in combination, would not have a
material impact on the overall risk estimates.
A bank must have an appropriate
de minimis gross loss threshold for internal loss data
collection, for example €10,000.
The appropriate threshold may
vary somewhat between banks, and within a bank across
business lines and/or event types.
However, particular thresholds
should be broadly consistent with those used by peer
banks.
• Aside from information on
gross loss amounts, a bank should collect information
about the date of the event, any recoveries of gross
loss amounts, as well as some descriptive information
about the drivers or causes of the loss event.
The level of detail of any
descriptive information should be commensurate with the
size of the gross loss amount.
• A bank must develop specific
criteria for assigning loss data arising from an event
in a centralised function (e.g. an information
technology department) or an activity that spans more
than one business line, as well as from related events
over time.
• Operational risk losses that
are related to credit risk and have historically been
included in banks’ credit risk databases (e.g.
collateral management failures) will continue to be
treated as credit risk for the purposes of calculating
minimum regulatory capital under this Framework.
Therefore, such losses will not
be subject to the operational risk capital
charge*.
Nevertheless, for the purposes
of internal operational risk management, banks must
identify all material operational risk losses consistent
with the scope of the definition of operational risk (as
set out in paragraph 644 and the loss event types
outlined in Annex 9), including those related to credit
risk.
Such material operational
risk-related credit risk losses should be flagged
separately within a bank’s internal operational risk
database.
The materiality of these losses
may vary between banks, and within a bank across
business lines and/or event types. Materiality
thresholds should be broadly consistent with those used
by peer banks.
• Operational risk losses that
are related to market risk are treated as operational
risk for the purposes of calculating minimum regulatory
capital under this Framework and will therefore be
subject to the operational risk capital
charge.
* This
applies to all banks, including those that may only now
be designing their credit risk and operational risk
databases.
External
data
674. A bank’s
operational risk
measurement system must use relevant external data
(either public data and/or pooled industry data), especially when there is reason to believe that the bank
is exposed to infrequent, yet potentially severe,
losses.
These external data should
include data on actual loss amounts, information on the
scale of business operations where the event
occurred, information on the causes and circumstances of
the loss events, or other information that would help in
assessing the relevance of the loss event for other
banks.
A bank must have a systematic
process for determining the situations for which
external data must be used and the methodologies used to
incorporate the data (e.g. scaling, qualitative
adjustments, or informing the development of improved
scenario analysis).
The conditions and practices for
external data use must be regularly reviewed,
documented, and subject to periodic independent
review.
Scenario
analysis
675. A bank must use scenario
analysis of expert opinion in conjunction with external
data to evaluate its exposure to high-severity events.
This approach draws on the
knowledge of experienced business managers and risk
management experts to derive reasoned assessments of
plausible severe losses.
For instance,
these expert
assessments could be expressed as parameters of an
assumed statistical loss distribution.
In addition, scenario analysis
should be used to assess the impact of deviations from
the correlation assumptions embedded in the bank’s
operational risk measurement framework, in particular,
to evaluate potential losses arising from multiple
simultaneous operational risk loss events.
Over time, such assessments need
to be validated and re-assessed through comparison to
actual loss experience to ensure their
reasonableness.
Business
environment and internal control
factors
676. In addition to using loss
data, whether actual or scenario-based, a bank’s
firm-wide risk assessment methodology must capture key
business environment and internal
control factors that can change its operational
risk profile.
These factors will make a bank’s
risk assessments more forward-looking, more directly
reflect the quality of the bank’s control and operating
environments, help align capital assessments with risk
management objectives, and recognise both
improvements and deterioration in operational risk
profiles in a more immediate fashion.
To qualify for regulatory
capital purposes, the use of these factors in a bank’s
risk measurement framework must meet the following
standards:
• The choice of each factor
needs to be justified as a meaningful driver of risk,
based on experience and involving the expert judgment of
the affected business areas.
Whenever possible, the factors
should be translatable into quantitative measures that
lend themselves to verification.
• The sensitivity of a bank’s
risk estimates to changes in the factors and the
relative weighting of the various factors need to be
well reasoned.
In addition to capturing changes
in risk due to improvements in risk controls, the
framework must also capture potential increases in
risk due to greater complexity of activities or
increased business volume.
• The framework and each
instance of its application, including the supporting
rationale for any adjustments to empirical estimates,
must be documented and subject to independent review
within the bank and by supervisors.
• Over time, the process and the
outcomes need to be validated through comparison to
actual internal loss experience, relevant external data,
and appropriate adjustments
made.
(iv) Risk
mitigation*
* The
Committee intends to continue an ongoing dialogue with
the industry on the use of risk mitigants for
operational risk and, in due course, may consider
revising the criteria for and limits on the recognition
of operational risk mitigants on the basis of growing
experience.
677. Under the AMA, a bank
will be allowed to recognise the risk mitigating impact
of insurance in the measures of operational risk used
for regulatory minimum capital requirements.
The recognition of insurance
mitigation
will be limited to 20% of the total
operational risk capital charge calculated under the AMA.
678. A bank’s ability to take
advantage of such risk mitigation will depend on
compliance with the following
criteria:
• The insurance provider has a
minimum claims paying ability rating of A (or
equivalent).
• The insurance policy must have
an initial term of no less than one year.
For policies with a residual
term of less than one year, the bank must make
appropriate haircuts reflecting the declining residual
term of the policy, up to a full 100% haircut for
policies with a residual term of 90 days or
less.
• The insurance policy has a
minimum notice period for cancellation of 90
days.
• The insurance policy has no
exclusions or limitations triggered by supervisory
actions or, in the case of a failed bank, that preclude
the bank, receiver or liquidator from recovering for
damages suffered or expenses incurred by the bank,
except in respect of events occurring after the
initiation of receivership or liquidation proceedings in
respect of the bank, provided that the insurance policy
may exclude any fine, penalty, or punitive damages
resulting from supervisory actions.
• The risk mitigation
calculations must reflect the bank’s insurance coverage
in a manner that is transparent in its relationship to,
and consistent with, the actual likelihood and impact of
loss used in the bank’s overall determination of its
operational risk capital.
• The insurance is provided by a
third-party entity. In the case of insurance through
captives and affiliates, the exposure has to be laid off
to an independent third-party entity, for example
through re-insurance, that meets the eligibility
criteria.
• The framework for recognising
insurance is well reasoned and
documented.
• The bank discloses a
description of its use of insurance for the purpose of
mitigating operational risk.
679. A bank’s methodology
for recognising insurance under the AMA also needs to
capture the following elements through appropriate
discounts or haircuts in the amount of insurance
recognition:
• The residual term of a policy,
where less than one year, as noted
above;
• A policy’s cancellation terms,
where less than one year; and
• The uncertainty of payment as
well as mismatches in coverage of insurance
policies.
D. Partial
use
680. A bank
will be permitted to use an AMA for some parts of its
operations and the Basic Indicator Approach or
Standardised Approach for the balance (partial use),
provided that the following conditions are
met:
• All operational risks of the
bank’s global, consolidated operations are
captured;
• All of the bank’s operations
that are covered by the AMA meet the qualitative
criteria for using an AMA, while those parts of its
operations that are using one of the simpler approaches
meet the qualifying criteria for that
approach;
• On the date of implementation
of an AMA, a significant part of the bank’s operational
risks are captured by the AMA; and
• The bank provides its
supervisor with a plan specifying the timetable to which
it intends to roll out the AMA across all but an
immaterial part of its operations.
The plan should be driven by the practicality and
feasibility of moving to the AMA over time, and
not for other reasons.
681. Subject to the approval
of its supervisor, a bank opting for partial use may
determine which parts of its operations will use an AMA
on the basis of business line, legal structure,
geography, or other internally determined
basis.
682. Subject to the approval of
its supervisor, where a bank intends to implement an
approach other than the AMA on a global, consolidated
basis and it does not meet the third and/or fourth
conditions in paragraph 680, the bank may, in limited
circumstances:
• Implement an AMA on a
permanent partial basis; and
• Include in its global,
consolidated operational risk capital requirements the
results of an AMA calculation at a subsidiary where the
AMA has been approved by the relevant host supervisor
and is acceptable to the bank’s home
supervisor.
683. Approvals of the nature
described in paragraph 682 should be granted only on an
exceptional basis. Such exceptional approvals should
generally be limited to circumstances where a bank is
prevented from meeting these conditions due to
implementation decisions of supervisors of the bank’s
subsidiary operations in foreign
jurisdictions.
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