PAINE WEBBER INTERNATIONAL (UK) LIMITED FINED #350,000
22 Aug 2001 12:00 AM
The Financial Services Authority announced today that Paine Webber
International (UK) Limited (PWUK) has been severely reprimanded and
fined #350,000 for serious compliance failures, including inadequate
controls to prevent money laundering. This fine is the second largest
that SFA, which is a subsidiary of the Financial Services Authority,
has imposed.
PWUK has been disciplined for failing to comply with the FSA
Principle that a firm should have adequate internal controls for its
business. PWUK has admitted that, between 1 January 1998 and 15
December 1999, it failed to organise and control its internal affairs
in a responsible manner in that:
* The firm exposed itself to the risk of money laundering although
fortunately no instances of money laundering have been identified.
PWUK failed to implement and maintain adequate account opening
procedures and, in particular, failed to obtain and record sufficient
evidence of customer details. The firm also failed adequately to
train and supervise staff in the application of its anti-money
laundering procedures.
* The structure and resource of the firm''s compliance department was
inadequate. PWUK failed adequately to identify, report and document
UK compliance issues. It also failed to support the UK compliance
department and have an effective management structure and processes
in place. The relationship and communications between PWUK Compliance
Department and the rest of the business were not as formal and robust
as SFA rules require.
* The firm did not have adequate record keeping systems; it failed to
establish and maintain sufficient information in respect of its
dealings with customers.
SFA has taken into account in this case that no customer harm or
instances of money laundering were identified during the review
period and that the firm has worked co-operatively with SFA
throughout.
In January 2000, SFA appointed Reporting Accountants to look at the
quality of underlying documentation held by PWUK in relation to its
customers and counterparties. The Reporting Accountants also looked
at the adequacy and effectiveness of the firm''s compliance
arrangements, management structure and processes. The results of this
review led to the settlement announced today.
NOTES TO EDITORS
1. Paine Webber International (UK) Limited will contribute #10,000 to
SFA''s costs.
2. PWUK accepted it was in breach of FSA Principle 9 - Internal
Organisation. The Principle states that ''A firm should organise and
control its internal affairs in a responsible manner, keeping proper
records, and where the firm employs staff or is responsible for the
conduct of investment business by others, should have adequate
arrangements to ensure that they are suitable, adequately trained and
properly supervised and that it has well-defined compliance
procedures.''
3. Paine Webber International (UK) Limited (PWUK) is an SFA
authorised firm. It is a wholly owned subsidiary of PaineWebber Group
Inc. On 3 November 2000, PaineWebber was acquired by UBS AG and PWUK
now only exists as a legal entity and SFA registered firm. At the
material time, January 1998 to December 1999, PWUK was a
multi-product house trading on its own and its parents'' book with
some 275 London based employees.
4. The Financial Services Authority gains a new statutory objective
under the Financial Services and Markets Act 2000 to fight financial
crime. This will come into effect from 30 November 2001. The FSA will
become a criminal prosecuting authority for breaches of the Money
Laundering Regulations 1993 and will publish money laundering rules
which all authorised firms will be required to follow.
5. SFA is a subsidiary of the FSA. SFA is the regulatory organisation
established under the Financial Services Act 1986 with responsibility
for regulating members of the organised City investment markets, i.e.
the stock market, eurobond, financial futures, commodity futures
markets and also corporate finance specialists and off-market
traders. Around 1,350 firms are regulated by the SFA.
6. The Government announced on 20 May 1997 that it would create a
single regulator for all financial markets merging nine regulatory
bodies including SFA. On 1 June 1998, the FSA began to supply
regulatory services under contract to SFA and the other two Self
Regulating Organisations (SROs). In addition, the staff of SFA, IMRO
and PIA and the Supervision & Surveillance Division of the Bank of
England took up their new posts as employees of the FSA. The SFA is
replaced by the Financial Services Authority on 30 November 2001.