The Central Bank of Ireland has robust, tested, operational arrangements which will allow it to continue to perform its supervisory functions in this time of stress. This may mean reprioritisation, in line with our risk-based approach.

Resources will continue to be devoted to those areas where there is greatest risk, including emerging risk. It also remains in regular contact with its colleagues in Europe, leveraging that collaboration for mutual benefit across jurisdictions.

The Central Bank continues to focus on the response and approach of lenders to the economic effects of the COVID-19 pandemic. Our focus includes ensuring that the interests of borrowers affected by COVID-19 are appropriately protected. The Central Bank has written to lenders to lay out its expectations.

• Dear CEO Letter - Expectations for lenders in supporting borrowers affected by the COVID-19 Pandemic

 

The Central Bank is focused on ensuring the interests of borrowers affected by COVID-19 are appropriately protected. Where a borrower is unable to repay their loan due to short-term financial difficulties caused by COVID-19, we have worked with lenders to make payment breaks available.

A payment break is where a lender agrees to postpone or reduce the borrower’s loan repayments for a set period of time. This can give the borrower breathing space in these difficult times.

We have recently written to credit unions, banks and other lenders setting out our expectations on how COVID-19 payment breaks should operate.

• Dear Chair Letter - Central Bank Expectations for Payment Breaks in Credit Unions.
• Dear CEO Letter - Central Bank's Expectations for Payment Breaks in Banks and Other Lenders.

During this and any period, the Central Bank expects firms to continue to meet their regulatory and statutory obligations on an ongoing basis.  Recognising the significant organisational stress that regulated firms experienced, in March/April this year the Central Bank provided that some limited and time bound supervisory flexibility may allow firms to better serve customers, investors and the wider economy. This flexibility related to extending remittance dates for a number of regulatory submissions^[1]; and allowing individual firms to engage directly with their supervisors where they have COVID-19 related difficulties in meeting specific risk mitigation programme (RMP) submission dates. 

Given that firms have shown operational resilience, the Central Bank now expects firms to meet specific Regulatory and RMP submission dates.  Should firms identify concerns in meeting these timelines they should engage in a timely manner with their usual supervisors. The Central Bank has also determined that certain regulatory flexibility measures previously communicated, and which have since expired on their terms, will not be extended at this time.

Firms should review the relevant section for further details of applicable extensions and postponements, including details of the Central Bank's application of relevant announcements made by the European Supervisory Authorities:

• Credit institutions
• Credit unions
• Insurers and reinsurers
• Securities markets, investment management, investment firms and fund service providers.

The Central Bank will continue to review its approach to regulatory flexibility throughout the duration of the COVID-19 pandemic and may provide further updates as required.

View details of Central Bank's previous communications for reference purposes only.

---

[1] Please note that there are certain exemptions where flexibility was not applied.

PCF vacancies because of COVID-19

If a PCF role holder is unable to perform their role due to illness or if a firm cannot fill a permanent PCF role vacancy due to COVID-19, the firm can seek to have another suitable individual perform that role for a limited period. This requires prior agreement of the Central Bank pursuant to Regulation 11 of the Central Bank Reform Act, 2010 (Sections 20 and 22) Regulations, 2011 [S.I. No. 437 of 2011]. The steps that the firm must take are as follows:

• The firm should refer to its succession and contingency plan in the first instance and identify a suitable individual to perform the PCF role which has become temporarily vacant.
• The firm should contact the Central Bank to state that they wish to make a temporary appointment. In their contact, firms should:
  • Outline the circumstances that have given rise to the need for the temporary appointment.
  • Provide confirmation that the firm is satisfied on reasonable grounds that the person complies with the Fitness and Probity (F&P) Standards. In providing this confirmation, the firm should consider time commitments and other roles that the proposed temporary officer may already be performing.
  • Provide confirmation that the person has agreed to abide by the F&P Standards and will continue to do so whilst performing the PCF role.
  • Outline the period of time for which the appointment is requested (which should normally not extend past three months).
• No Individual Questionnaire is required to be submitted in respect of an application for the appointment of a temporary officer.
• If the Central Bank agrees to the request in light of the exceptional circumstances, a letter will issue to the firm regarding the appointment.
• The firm should keep the situation under review and inform the Central Bank of any changes in respect of the appointment.

Other PCF vacancies

A firm must not appoint a person to perform a PCF role on an ongoing basis unless the Central Bank has approved the appointment of the person to perform the function in accordance with its pre-approval process.

The Central Bank expects that firms will continue to comply with their F&P statutory obligations and ensure that individuals performing Controlled Functions, including PCF, roles comply with the F&P Standards. Read further details regarding the Fitness and Probity Regime.

PCF interviews

The use of interviews is one tool the Central Bank may employ as part of the approval process. In light of COVID-19, alternative means to existing interview formats such as video conferencing and phone interviews are being explored. It is expected that assessments will continue using all tools necessary.

The availability of timely, high quality statistical data is crucial to inform decision making that will support the economy throughout the economic shock of COVID-19. Reliable and timely data are crucial in times when the economy faces turbulence caused by extraordinary situations.

For this reason, the ECB have issued a communication stating that they are committed to the continued collection of statistical information through national central banks. The work of reporting agents to maintain their statistical reporting to the Central Bank is essential to ensure that we can continue to assess developments in all sectors of the Irish economy.

At the European level, this statistical information will contribute to the ECB’s policy measures for the provision of supportive financing conditions and stability of the financial system.

However, both the Central Bank and ECB are aware that the current environment provides considerable challenges to reporting agents. The reporting of statistical information may be adversely impacted as reporting agents manage staff availability and transition to large-scale remote working.

Therefore, the Central Bank will engage with reporting agents to see if pragmatic solutions can be found with respect to the challenges they are facing in meeting these requirements. Any solutions must operate within the existing European legal framework and at all times maintain the priority and quality of statistical information at a level that is fit for purpose.

Any reporting agent experiencing difficulties in meeting their statistical reporting requirements should immediately get in touch with their point of contact in the Central Bank.

Due to the increased instance of remote working arising from the COVID-19 pandemic, the Central Bank of Ireland has received queries from regulated firms regarding the admissibility of electronic signatures as opposed to 'wet ink' signatures (i.e. signing a document by hand using a pen) in relation to regulatory documents and forms submitted to us.

The Central Bank confirms its Policy regarding the use of electronic signatures is that, in the absence of any specific legal provisions to the contrary, regulated firms may use electronic signatures in submitting regulatory documents and forms to the Central Bank. Individuals are reminded that those signing regulatory documents and forms in electronic form will be accountable for the content of the document in the same way as if they had signed the document in 'wet ink'.

The Central Bank reserves the right to request a 'wet ink' signature where the Central Bank deems it appropriate in all the circumstances of the case.

We may review this Policy as practices continue to evolve and change, while recognising that many regulatory documents and forms are currently processed electronically.

We do not propose to comment on the use of electronic signatures more generally, and advise regulated firms to seek their own legal advice on the appropriateness of electronic signatures in specific circumstances. The Central Bank expects firms to continue to meet their regulatory and statutory obligations on an ongoing basis including the requirement to have adequate internal systems and controls.

See Also:

• Download this statement from the COVID-19 Statements and Press Releases page.

Our core focus is on ensuring that the financial system can continue to provide services to households and business in this difficult time. The impact of COVID-19 on solvency and liquidity positions of insurance firms remains uncertain, but it is likely to be significant for many of the insurance firms under our supervision. In this context, we consider that insurance firms should postpone any payment of dividend distributions or similar transactions until they can forecast their costs and future revenues with a greater degree of certainty. Where the board of an insurance firm forms the view that a high level of certainty has been reached and wishes to make a distribution, the Bank expects the firm to engage with their supervision team before proceeding with the distribution, demonstrating satisfactory forward looking solvency, liquidity and operational resilience positions in light of the current environment.

Furthermore, firms are expected to exercise prudence in respect of their variable remuneration policies, including considering whether postponement of related payments would be appropriate during this time.

This approach remains consistent with the statement  published by EIOPA on 2 April 2020, its’ press release entitled “EIOPA outlines key financial stability risks and vulnerabilities for insurance and pension sector and recommends that any dividend distributions should not exceed thresholds of prudency”, published on 18 December 2020, and the updated Recommendation 2020/7 of the ESRB, also published on 18 December 2020.

Oireachtas Correspondence

• Response to Chris MacManus MEP on insurers and dividends published 17 August 2020 | pdf 100KB

The Central Bank's core focus is on ensuring the stability of the financial system so that it can continue to provide services to the economy in this difficult time. The impact of COVID-19 on MiFID investment firms remains uncertain. In this context, and in line with the ESRB Recommendation of 27 May 2020 on restriction of distributions during the COVID-19 pandemic, the Central Bank requests all MiFID investment firms to exercise a high degree prudence at the EU group level (or at the individual level where the MiFID investment firm is not part of an EU group) if considering making any distributions (dividend distributions, or giving an irrevocable commitment to make a dividend distribution, or buying back ordinary shares) until they can forecast their costs and future revenues with a high degree of certainty.

Furthermore, MiFID investment firms which are designated as “medium-high” or above under the Central Bank's Probability Risk Impact System (PRISM) are requested to exercise strong restraint from making any distributions until 1 January 2021.

Where the board of any MiFID investment firm forms the view that a high level of certainty has been reached in relation to forecasts of its costs and future revenues and wishes to make a distribution, the Central Bank expects the firm to engage with their supervision team before proceeding with the distribution. The firm should be in position to evidence that it has immediate access to sufficient financial resources to meet all of its capital and liquidity requirements post-distribution over an extended period of time.

MiFID investment firms subject to CRR/CRD IV are also expected to take the same approach as outlined above in respect of their variable remuneration policies.

The Central Bank notes the publication of an amending Recommendation on restriction of distribution policies by the ESRB on 18 December 2020.  The Central Bank is aligned with the view that financial institutions should continue to apply a conservative approach to dividends and other distributions in light of the continued uncertainty surrounding the COVID-19 pandemic. The Central Bank will be communicating with MiFID investment firms further on this matter in the coming weeks.  In the interim we expect MiFID investment firms to continue to follow our existing guidance beyond 01 January 2021. 

The Recommendation of the European Central Bank (ECB) of 27 July 2020 on dividend distributions during the COVID-19 pandemic (ECB/2020/35) (the “ECB Recommendation”), recommends that credit institutions should not pay dividends for the financial years 2019 and 2020 until at least 1 January 2021 and should refrain from share buy-backs aimed at remunerating shareholders.

National competent authorities, such as the Central Bank, are expected to apply this recommendation to entities under their supervision, as deemed appropriate. The ECB Recommendation notes that it is crucial that credit institutions continue to fulfil their role of funding households, small and medium-sized businesses and corporations amid the COVID-19-related economic shock. Any decision made by the Central Bank in relation to a dividend payment application will have regard to this important objective.

The Central Bank also expects that credit institutions adopt a prudent, forward-looking stance when deciding on their remuneration policies, in line with communications from the ECB to significant institutions, the EBA "Statement on dividends distribution, share buybacks and variable remuneration” of 31 March 2020 and the Recommendation of the European Systemic Risk Board (ESRB) of 27 May 2020 on restriction of distributions during the COVID-19 pandemic (ESRB/2020/7).

In particular, credit institutions should adopt a prudent approach with regard to variable remuneration payments until 1 January 2021, especially to identified staff (so-called “material risk takers”), insofar as these payments may result in a deterioration in the amount or quality of the institution’s total capital.

The Central Bank acknowledges the recent Recommendations of the ECB (ECB/2020/62) and ESRB (ESRB/2020/15), and the EBA Statement, relating to dividends and other distributions. The Central Bank is aligned with their views that institutions should apply a conservative approach to dividends and other distributions in light of the continued uncertainty surrounding the COVID-19 pandemic. The Central Bank will be communicating with credit institutions further on this matter in the coming weeks. In the interim we expect credit institutions to continue to follow our existing guidance beyond 01 January 2021. 

We are closely monitoring developments related to COVID-19 and continue to assess their impact on securities markets, including the impact on funds. We have enhanced our monitoring of daily liquidity reporting of funds domiciled in Ireland and we are engaging with fund management companies to ensure that they are responding effectively to the evolving situation. Together with other EU national competent authorities we are also scrutinising trading activity on the securities market venues for which we are the competent authority. This includes our scrutiny of short selling.

On 7 August 2019, we issued an industry letter regarding the importance of ongoing, effective liquidity management and ensuring compliance with relevant legislation and regulatory obligations for UCITS and AIFs. The letter highlighted the importance of the execution of an appropriately calibrated liquidity risk management framework for each fund under management, taking into account on an ongoing basis: (i) dealing frequency of the fund; (ii) the fund’s investment strategy; and (iii) the fund’s portfolio composition and investor profile.

See also: 11 March 2020 - ESMA recommends action by financial market participants for COVID-19 impact

It is critical that our securities markets continue to be transparent, and issuers of securities have important obligations in this regard which continue to apply. Issuers and other market participants are reminded therefore of their ongoing monitoring, disclosure and reporting obligations.

In the context of the possible impact of COVID-19, issuers of financial instruments are reminded in particular of their obligation under Article 17 of the Market Abuse Regulation to disclose inside information to the market as soon as possible, e.g. in circumstances where there is a material change to financial expectations for the issuer.

See also: 11 March 2020 - ESMA recommends action by financial market participants for COVID-19 impact

Our securities markets play a critical role in providing finance to governments and the real economy. This role is ever more important at this critical time. This means that securities market venues and other market participants need to be ever more vigilant in the discharge of their monitoring, disclosure and reporting obligations. This includes obligations under MiFIR, EMIR and the Market Abuse Regulation as well as other provisions of securities markets legislation.

The Central Bank recognises that the impact of the COVID-19 includes the necessity for many employees to work offsite. Relevant regulated financial service providers must however continue to employ appropriate trade surveillance, including to detect potential market abuse and breach of position limits. They must also apply the necessary focus on operational risks and the importance of our securities markets continuing to function effectively and in line with the regulatory requirements on which market participants rely. We see and acknowledge the hard work being done by firms to manage these risks in challenging circumstances. Where, as a result of offsite working, firms are unable to record calls they should consider the European Securities and Markets Authority‘s (ESMA) statement on call taping under MIFID II.

See also: 11 March 2020 - ESMA recommends action by financial market participants for COVID-19 impact

Significant progress has been made in Ireland in AML/CFT in recent years. However COVID-19 has plunged the financial system into both unknown territory and ways of working that were likely not fully envisaged in any Business Continuity Plan.

The Central Bank is acutely aware, and in agreement with the views of organisations such as the Financial Action Task Force (FATF), Europol and Interpol, that the current disruption to the financial system is being exploited by criminals to mask money-laundering and terrorist financing.

Financial crime is unacceptable and remains so even in the face of the current crisis. In order to maintain and continue the progress made in recent years, it is vitally important that all those involved in AML/CFT continue to focus on their roles and remain on guard for suspicious activity throughout the disruption caused by COVID-19.

Recognising the increased risk presented by COVID-19, the Central Bank, as the National Competent Authority for the supervision of credit and financial institutions for AML/CFT purposes, is ensuring that it delivers on its mandate through:

• Continuing to undertake supervisory engagements with firms, albeit remotely as opposed to on-site for certain engagement types, as determined by applying its risk-based approach to supervision.
• Increased, frequent and ongoing bilateral interactions with firms to assess changing risks, new information/typologies arising in the market and activities being undertaken by institutions to mitigate these risks.
• Ongoing interaction with other parties involved in the oversight of AML/CFT in Ireland e.g. An Garda Síochána.
• Where relevant adopting advice issued by European and Global standard setters in the areas of AML/CFT i.e. the EBA and FATF statements.

As set out above, the Central Bank has intensified its engagement across the financial services system. During this and any period, we expect institutions to continue to meet their regulatory and statutory obligations on an ongoing basis. However we recognise that regulated institutions are under significant organisational stress and that some limited and time-bound regulatory flexibility may allow firms to better serve consumers, investors and the wider economy. In this regard, from an AML/CFT perspective, where required we will engage directly with institutions that are having COVID-19-related difficulties in meeting specific risk mitigation programme submission dates.

During COVID-19, it is more important than ever that credit and financial institutions continue to protect the financial system and consumers at large by ensuring that their systems and controls for preventing money laundering and terrorist financing. In upholding high AML/CFT standards we expect firms to:

• Continue to be effective in identifying suspicious or potentially suspicious transactions.
• Adjust their AML/CFT systems and controls as necessary to reflect any new risks or potential new risks arising from the disruption caused to the financial system and more widely e.g. transaction monitoring levels may need to be recalibrated to reflect the stalled nature of the economy and changes to patterns of customer behaviour brought about by the pandemic.
• Continue to be supported by the necessary resources even in the situation where there are pressures on the availability of resources across the institution.

Additionally all institutions should proactively review their AML/CFT risk assessments in light of the current situation and where required make any necessary adjustments to reflect the changed risk landscape.

The Central Bank expects firms to continue to meet their AML/CFT compliance obligations and that senior leadership participate actively in instilling the right culture. Firms with a good AML/CFT compliance culture are those that engage with the Central Bank in a positive, transparent way and are proactive in bringing matters to our attention. This is particularly important given the challenges firms are now facing.

While recognising that the current situation is likely to give rise to operational challenges for institutions, the Central Bank's position is that any such challenges should not be met by a lowering of an institution's AML/CFT standards.

In this regard, the Central Bank expects firms to:

• Continue to undertake transaction monitoring, Politically Exposed Persons (PEP) and Financial Sanctions (FS) screening, and suspicious transaction reporting in a manner that is consistent with their risk appetite and in line with the institution's most up to date risk assessment.
• Closely monitor and assess the impact of COVID-19 on any AML/CFT outsourcing arrangement. Where the outsource service provider is experiencing temporary difficulties in undertaking the AML/CFT activities, institutions must take timely and necessary measures to ensure that critical AML/CFT activities continue to be undertaken.

The Central Bank is cognisant that Sections 30A and 30B of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) require firms to apply a risk-based approach when applying AML/CFT compliance measures. The Central Bank requires that where an institution takes a decision, under the risk-based approach, to apply a lower but still CJA compliant level of control or oversight to an aspect of its AML/CFT framework, that the rationale for this decision is documented, approved by senior management and made available for review by the Central Bank in the future. Where institutions apply temporary measures to adjust their AML/CFT framework institutions should reinstate the original measures when it is safe and feasible to do so.

Additionally, where required, the Central Bank will engage directly with institutions that are having COVID-19-related difficulties in meeting specific risk mitigation programme submission dates.