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Overview

Foreign Exchange Policy (FEP) is part of broad prudential toolkits under Bank Negara Malaysia, aimed at preserving Malaysia’s monetary and financial stability.
The policy will continue to support the competitiveness of the Malaysian economy by facilitating a more conducive environment for domestic and cross-border real economy activities while ensuring a healthy balance of payments position and safeguarding the value of ringgit.

Over the years, there were many incidents of breaches and non-compliances of FEP that had happened within the banking industry. Those incidents were caused by various factors, among others that the bank’s staff or customers were unaware and/or did not fully understand the FEP, there was a lack of a proper due diligence process, there was insufficient transaction monitoring or documentary evidence undertaken by the LOB, etc. Such incidents could and had led to various enforcement actions by the regulator.
 
This programme is designed with the aim for participants to learn and understand what the breaches and non-compliances are, their indicators, factors and causes of such breaches and non-compliances. The programme will enable participants to develop a greater sense of awareness and alertness on the incidents of breaches and non-compliances within FEP and to ascertain key due diligence processes that should or could be done to detect and identify the indicators of breaches and non-compliances when performing or undertaking the bank's transactions.
Programme Outline
Learning Objectives
By the end of the programme, participants will be able to:

  • Illustrate the key rules of FEP that apply to or are affected by the breaches or non-compliances
  • Explain why and how the breaches or non-compliances occurred in the banking industry
  • Respond with the ‘how-to’ process that can help to prevent the occurrence of such breaches or non-compliances when facilitating customers' banking transactions
  • Demonstrate awareness by identifying the indicators

Programme Outline
  • Overview of Foreign Exchange (FE) Policy
    • FE Policy Goals: Safeguarding Malaysia’s Balance of Payment & Value of Ringgit
    • Roles of Licensed Onshore Banks
    • Directions to Financial Institutions & Overview of Minimum Due Diligence Processes
    • Consequences of breaches / non-compliances
    • Understanding FE Policy as a whole: The elements within the FEP rules

  • Common Factors Towards Breaches / Non-Compliance
    • Common areas of FEP breaches/non-compliance
    • Common potential indicators
    • Common remedial action
    • Enhanced Due Diligence requirements

  • Case Study 1: Breaches / Non-Compliances Concerning Payments & Receipts
    1. Transaction via External Account of NR Financial Institution
    2. AOO facilitating NRFI transaction for MYR payment to Resident
    3. Transfer of FCY funds between Resident Individuals
    4. Payment in FCY between Residents
    5. Payment in Ringgit between Resident and Non-Resident
    6. Payment in FCY between Resident and Non-Resident

  • Case Study 2: Breaches / Non-Compliances Concerning Investments in Foreign Currency Assets
    1. Investment in FCY Property on behalf of subsidiary
    2. Investment in FCY Asset sourced from Ringgit conversion
    3. Investment using funds sourced from Trade FCA
    4. Investment through cash pooling
    5. Investment in FCY Asset with BNM Approval
    6. Investment in FCY Asset onshore

  • Case Study 3: Breaches / Non-Compliances Concerning Dealings with Specified Person & Restricted Currency
    1. Opening of Account
    2. Export of Goods
    3. Payment via credit cards for online purchased transactions
    4. Receipts of FCY payments
    5. Purchase of shares

  • Case Study 4: Breaches / Non-Compliances Concerning Borrowing, Lending & Guarantee
    1. Borrowing in Ringgit by:
      • NRFI via OD facility
      • Non-Resident Entity
      • Resident Entity from NR Entity
      • Non-resident employee

    2. Borrowing in FCY by Resident Entity:
      • From NR Financial Institution with BNM Approval
      • By Resident Entity from Resident

  • Case Study 5: Breaches / Non-Compliances Concerning Export of Goods
    1. Crediting of export proceeds into Investment FCA
    2. Extension period for receipts of export of goods

METHODOLOGY
This programme adopts a practical and interactive learning approach through presentations, quizzes, case studies, group discussions, and participant presentations. Drawing on selected Foreign Exchange Policy (FEP) breach and non-compliance scenarios adapted from industry training materials, participants will examine real-life situations to better understand regulatory requirements and compliance expectations.

Through facilitated discussions and case study analysis, participants will identify compliance gaps, assess potential risks and implications, and explore appropriate controls and preventive measures. The methodology is designed to strengthen participants’ ability to apply FEP requirements, exercise sound judgement, and enhance compliance practices when managing customer banking transactions.

Note: Case studies have been modified and presented in a generic format to preserve confidentiality and protect the identities of the individuals and institutions involved.
Participant profile
Officers and executives in banking institutions who possess a sound understanding of Foreign Exchange Policy (FEP) requirements, including due diligence obligations, and have less than three (3) years of experience in handling FEP-related banking transactions
Trainer
Shahrul Adzuan Ahmad
Senior Training Consultant,
Commercial Banking
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Shahrul Adzuan Ahmad
Senior Training Consultant, Commercial Banking
Shahrul Adzuan Ahmad is a training consultant at the Asian Banking School and has 27 years of working experience in the banking sector, with 24 of those years doing training and development at several banks.

His working experience includes branch operations, credit, and training administration support, as well as developing, delivering, and facilitating training programmes. The training programmes that he has conducted include Foreign Exchange Policy (formerly known as Foreign Exchange Administration Rules), credit, AML/CFT, leadership development and soft skills. At the Asian Banking School, Shahrul has conducted multiple training programmes relating to the Foreign Exchange Policy, Certified Credit Executive (CCE) and Retail Credit Professional (RCP). He also maintains a steady working relationship with the Foreign Exchange Policy Department of Bank Negara Malaysia for regular industry updates and training requirements as well as matters related to the Foreign Exchange Policy.

Shahrul holds a Bachelor of Science degree in Human Resources Development from the University of Technology Malaysia and a Diploma in Banking Studies from the Institute of Technology MARA (now known as the University of Technology MARA). He is a Certified Training Professional (CTP), DiSC - Certified Behavioural Consultant (CBC) and Certified HRDF Trainer.
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Asian Banking School
Breaches and Non-Compliance Incidents of Foreign Exchange Policy Within Banking Transactions: Red-flags and Key Takeaways
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