Page 1 | Proprietary and Copyrighted Information
NOCLAR
Ken Siong, IESBA Technical Director
World Bank CFRR – IFAC
Regional SMP Forum, Vienna
31 May 2017
Page 2 | Proprietary and Copyrighted Information
At his best, man is the noblest of
all animals; separated from law
and justice he is the worst.
– Aristotle
Page 3 | Proprietary and Copyrighted Information
IESBA’s NOCLAR Standard
• Major contribution to public interest
– Coming into effect 15 July 2017
• Provides a framework to guide
professional accountants (PAs) in
deciding how best to act in the public
interest when they become aware of
NOCLAR or suspected NOCLAR
Page 4 | Proprietary and Copyrighted Information
Objectives – All PAs
NOCLAR Response Framework
• Comply with fundamental principles of
integrity and professional behavior
• Through alerting management/ TCWG,
seek to:
– Enable them rectify, remediate or mitigate
consequences of NOCLAR; or
– Deter commission of NOCLAR
• Take such further action as may be
appropriate in public interest
Deter-
rence
Miti-
gation
Reme-
diation
Page 5 | Proprietary and Copyrighted Information
Scope of Laws and Regulations Covered – All PAs
• Laws and regulations with direct effect on
material amounts/disclosures in the financial
statements
• Other laws and regulations that may be
fundamental to entity’s business and operations
• E.g. laws and regulations dealing with:
– Fraud, Bribery and Corruption │ Money Laundering │
Terrorist Financing │ Financial Products and
Services │ Taxation │ Data Protection │
Environmental Protection │ Public Health and Safety
NOCLAR Response Framework
Page 6 | Proprietary and Copyrighted Information
Who Does It Apply To & Framework Expectations?
Auditors
Non-
auditors
“Senior”
PAIBs
Other
PAIBs
NOCLAR Response Framework
Page 7 | Proprietary and Copyrighted Information
Auditors – Taking Action
• Establish what legal or regulatory obligations are
triggered, if any, and comply with them
• Raise the matter with management/TCWG and
assess their response
• Comply with professional standards
• Determine whether to take further action
– Courses of further action include disclosure to appropriate
authority and withdrawal from engagement and client
relationship
• Professional judgment essential
NOCLAR Response Framework
Page 8 | Proprietary and Copyrighted Information
Key Desired Outcomes
Protecting and promoting the public interest
Stimulating greater accountability within
organizations
Protecting and strengthening reputation
of the profession
Page 9 | Proprietary and Copyrighted Information
• IFAC member organizations
• Governments, legislators, regulators
• Those charged with governance
• National standard setters
• Firms
• Regional and international organizations
• Academic institutions
Other Players Have Crucial Role
Page 10 | Proprietary and Copyrighted Information
• Resources available on IESBA website
– Fact Sheet
– Basis for Conclusions
– Video Q&A series and FAQs
– PowerPoint slides
– Other implementation support tools and resources
Implementation Support
The Ethics Board
www.ethicsboard.org

NOCLAR

  • 1.
    Page 1 |Proprietary and Copyrighted Information NOCLAR Ken Siong, IESBA Technical Director World Bank CFRR – IFAC Regional SMP Forum, Vienna 31 May 2017
  • 2.
    Page 2 |Proprietary and Copyrighted Information At his best, man is the noblest of all animals; separated from law and justice he is the worst. – Aristotle
  • 3.
    Page 3 |Proprietary and Copyrighted Information IESBA’s NOCLAR Standard • Major contribution to public interest – Coming into effect 15 July 2017 • Provides a framework to guide professional accountants (PAs) in deciding how best to act in the public interest when they become aware of NOCLAR or suspected NOCLAR
  • 4.
    Page 4 |Proprietary and Copyrighted Information Objectives – All PAs NOCLAR Response Framework • Comply with fundamental principles of integrity and professional behavior • Through alerting management/ TCWG, seek to: – Enable them rectify, remediate or mitigate consequences of NOCLAR; or – Deter commission of NOCLAR • Take such further action as may be appropriate in public interest Deter- rence Miti- gation Reme- diation
  • 5.
    Page 5 |Proprietary and Copyrighted Information Scope of Laws and Regulations Covered – All PAs • Laws and regulations with direct effect on material amounts/disclosures in the financial statements • Other laws and regulations that may be fundamental to entity’s business and operations • E.g. laws and regulations dealing with: – Fraud, Bribery and Corruption │ Money Laundering │ Terrorist Financing │ Financial Products and Services │ Taxation │ Data Protection │ Environmental Protection │ Public Health and Safety NOCLAR Response Framework
  • 6.
    Page 6 |Proprietary and Copyrighted Information Who Does It Apply To & Framework Expectations? Auditors Non- auditors “Senior” PAIBs Other PAIBs NOCLAR Response Framework
  • 7.
    Page 7 |Proprietary and Copyrighted Information Auditors – Taking Action • Establish what legal or regulatory obligations are triggered, if any, and comply with them • Raise the matter with management/TCWG and assess their response • Comply with professional standards • Determine whether to take further action – Courses of further action include disclosure to appropriate authority and withdrawal from engagement and client relationship • Professional judgment essential NOCLAR Response Framework
  • 8.
    Page 8 |Proprietary and Copyrighted Information Key Desired Outcomes Protecting and promoting the public interest Stimulating greater accountability within organizations Protecting and strengthening reputation of the profession
  • 9.
    Page 9 |Proprietary and Copyrighted Information • IFAC member organizations • Governments, legislators, regulators • Those charged with governance • National standard setters • Firms • Regional and international organizations • Academic institutions Other Players Have Crucial Role
  • 10.
    Page 10 |Proprietary and Copyrighted Information • Resources available on IESBA website – Fact Sheet – Basis for Conclusions – Video Q&A series and FAQs – PowerPoint slides – Other implementation support tools and resources Implementation Support
  • 11.