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The 2011 AFI Global Policy Forum
Consumer Empowerment and Market Conduct (CEMC)
working group meeting




27 September, Riviera Maya, Mexico
The CEMC WG from Malaysia to Mexico

> 18 member organizations             > Charter and concept note drafted
established CEMC WG                   > Survey undertaken
> Set objective                       > Coordination group functioning
> Identified 4 priority areas         > 18 member organizations
> Agreed on content for charter and   represented in the second meeting
concept note                          > CEMC is activated
> Agreed to undertake member survey   > The CEMC WG has a logo
> Set up coordination group           > and a work space: AFI Member Zone
> Agreed on content for work plan
     Launch: KL, 7 April 2011         Second meeting: RM, 27 Sept 2011
28 AFI members represented in the CEMC WG

>   Banco Central del Paraguay             > Central Bank of Tanzania
>   Banco Central do Brasil                > CNBV, Mexico
>   Banco Nacional de Angola               > Ministère de l’Economie et des Finances du
>   Bank al-Maghrib                        Senegal
>   Bangko Sentral ng Pilipinas            > Ministry of Economic Development and
>   BCEAO                                  Trade, Russia
>   Bank Indonesia                         > National Bank of Rwanda
>   Bank Negara Malaysia                   > National Credit Regulator, South Africa
>   Bank of Thailand                       > Palestine Monetary Authority
>   Bank of Uganda                         > People’s Bank of China
>   Bank of Zambia                         > Reserve Bank of Malawi
>   Banque Centrale de la Rép. de Guinée   > State Bank of Pakistan
>   Banque Centrale du Congo               > Superintendencia de Peru
>   Central Bank of Armenia                > Superintendencia de Guatemala
>   Central Bank of Kenya
>   Central Bank of Liberia

                                           New members in yellow/green
Agenda
   Time                                                                Item for discussion
                Welcoming remarks and meeting kick-off
                               Review of the agenda and meeting goals
 9.00 – 9.30
                               Review of preparatory documents
                               Updating each other on country initiatives
                CEMC WG members survey
9.30 – 10.30
                               Presentation and discussion of intermediate results of the CEMC WG survey
10.30 – 11.00   Coffee break
                The G20 High-level Principles on Financial Consumer Protection and their implementation
11.00 - 12.00                  Discussion of impact of the Principles on the work of the CEMC WG members and the possible role of the CEMC in
                               their implementation
                Governance
                               Election of CEMC WG chairperson (and eventually a co-chair)
12.00 – 12.30
                               Announcement of new chairperson
                               Discussion and approval of CEMC WG seminal documents (concept note and charter)
                Presentation of CEMC WG sessions at 2011 AFI GPF
12.30 – 12.45
                               Relevance of the sessions and role of CEMC WG members
12.45 – 14.00   Lunch
                Agenda setting and operazionalization
                               Presentation of proposed log-frame
14.00 – 15.00
                               Discussion of the CEMC WG expected outcomes and outputs
                               Creation of subgroups
14.00 – 15.45   Sub-groups discussions
15.45 – 16.00   Coffee break
                Next steps
                               Finalization of log-frame
16.00 – 17.00
                               Finalization of work plan (division of labor between subgroups, participation in relevant events, etc.)
                               Agenda and logistic for the next meeting
                Closing
Priority areas


                       MARKET CONDUCT
> i) transparency and disclosure
> ii) sales and marketing practices


                   CONSUMER EMPOWERMENT
> iii) avenues for help and redress
> iv) financial literacy, capability and awareness
CEMC WG’s objectives

> To promote the adoption of evidence based policy and regulatory
  solutions for the empowerment and protection of financial
  consumers, which is also correlated with improving access to finance
  and the quality of financial inclusion

> To develop a set of core principles/guidelines for financial consumer
  empowerment and protection policymaking

> To support the design and validation of tools for policy analysis and
  policymaking for use by working group members
Meeting goals

> To present the preliminary results of the members’ survey and agree
  on the next steps
> To discuss the potential role in the implementation of the G20
  Principles
> To elect the chairperson
> To approve the charter and concept note
> To find agreement on the expected outcome and outputs
> To establish subgroups
> To design the CEMC WG’s log-frame
> To revise the work plan
Preparatory documents

> First meeting minutes and list of participants
> Second meeting agenda
> Second meeting participants list
> Consolidated results of CEMC WG survey
> Draft CEMC WG concept note
> Draft CEC WG charter
> Draft G20 High-level principles on financial consumer protection
Members’ update

> Central Bank of Uganda visited Mexico and Peru and released new
  National Framework on Financial Literacy and Financial Consumer
  Protection
> Koid Swee Lian, AFI Policy Champion and CEMC WG founder, appointed
  CEO of the Malaysia AKPK
> Others?
Session I
CEMC WG members survey
     Preliminary results


        > Scope of the analysis
          > Survey objectives
     > Respondent demographics
> Preliminary results and observations
            > Survey trends
 > Roadmap to good policy practices
CEMC WG survey: scope of the analysis



                                                       Good
                       Gather                         policy
                     respective
                     market data                     practices
    Self-diagnose
       priority                    Measure impact
        policy                     of policies and
     objectives                    regulations on
                                    market and
                                     consumers



   Survey peers to determine
     common practices and
           challenges
CEMC WG survey: objectives

> To gain a better understanding of WG members experiences, current
  plans, and challenges ahead related to the WG’s four priority areas
> To provide a foundation from which WG members can self-diagnose
  their respective policy approaches, to determine how to best enable
  safe and sustainable policy and regulatory frameworks for financial
  inclusion
> To inform the development of a road map towards good policy
  practice for consumer empowerment and market conduct
CEMC WG survey: respondents demographics
               Angola
               BCEAO                       17
              RD Congo                  countries
 Africa         Kenya
               Malawi
               Senegal
               Uganda
                                11          3          3
               Zambia
             Guatemala  17    central     banks    ministries
                               banks    regulators
               MexicoTotal
  LAC
              Paraguay
                 Peru
 MENA         Palestine
              Armenia
                                        2 billion
                China                    people
  ECA        Philippines
               Russia
NUMBER OF AGENCIES WITH RESPONSIBILITY
   CEMC WG survey: demographics
   > 45 (average 2.6 per country)
   > Mostly central banks and ministries, but also capital market
   authorities, insurance authorities, consumer protection agencies, and
   few microfinance authorities
Responding Country Agency 1                                     Agency 2                                    Agency 3                                     Agency 4

Angola             Instituto Nacional de Defesa do Consumidor   Banco Nacional de Angola
                   (INADEC)
China              State Administration for Industry
                   &Commerce
DR Congo           Banque Centrale du Congo
Guatemala          Dirección de protección al consumidor
                   (Ministerio de Economía)
Kenya              Central Bank of Kenya                        Capital Markets Authority                   Retirement Benefits Authority                Insurance Regulatory Authority
Malawi             Reserve Bank of Malawi
Mexico             Central Bank (BANCO DE MEXICO)               National Banking and Securities Commission National Commission for the Protection of     Insurance and Surety National Commission
                                                                (CNBV)                                     Users of Financial Services (CONDUSEF)        (CNSF) / Institute for the Protection of
                                                                                                                                                         Banking Savings (IPAB)
Palestine          Palestine Monetary Authority
Paraguay           Banco Central del Paraguay                   Instituto Nacional de Cooperativismo        Ministerio de Industria y Comercio
Peru               Department of Products and Services to       National Institute for the Defense of       Financial Ombudsman Service
                                                                Competition and Intellectual Property
                                                                Protection (Indecopi)
Philippines        Bangko Sentral ng Pilipinas                  Securities and Exchange Commission          Philippine Deposit Insurance Corporation     Insurance Commission
Republic of        Central Bank of Armenia
Armenia
Russian            Federal Service on Consumers' Rights         Ministry of Finance of the Russian Federation Ministry for Economic Development of the   Federal Financial Markets Service
                                                                                                              Russian Federation
Federation
Senegal            Direction de la Réglementation et de la      Direction de la microfinance (DMF)          Banque Centrale des Etats de l'Afrique de    Observatoire de la Qualité des Services
                   supervision des systèmes financiers                                                      l'Ouest (BCEAO)                              Financiers (OQSF)
                   décentralisés (DRS-SFD)
Uganda             Bank of Uganda                               Capital Markets Authority                   Uganda Insurance Commission                  Ministry of Finance, Planning and Economic
                                                                                                                                                         Development, Department of Microfinance
WAEMU - UEMOA      Central Bank of West African States (BCEAO) Banking Commission                           Microfinance Departments of Ministers of
                                                                                                            Finances
Zambia             Bank of Zambia                               Pensions and Insurance Authority            Securities and Exchange Commission           Competition and Consumer Protection
                                                                                                                                                         Commission
CEMC WG survey: categories
                    INSTITUTIONAL LANDSCAPE
                           > Mandate
                   > Interagency coordination
                    > Consultative approach

                        MARKET CONDUCT
                          > Regulation
                           > Oversight
                      > Remedial actions
                         > Enforcement
                        > Self-regulation
                 > Transparency and disclosure
                  > Sale and market practices
                        > Ancillary areas

                    CONSUMER EMPOWERMENT
                 > Avenues for help and redress
          > Financial literacy, capability and awareness
MANDATE – MARKET CONDUCT
What are the main functions of the agencies?
                            Most commonly, the involved
                            agencies cover the three
                            functions: regulating,
                            supervising, and enforcing
                            market conduct regulation



                            Often the legal basis is the
                            central bank law and the
                            banking law. In a few cases the
                            mandate is embedded in the
                            constitution
MANDATE – CONSUMER EMPOWERMENT
What are the main functions of the agencies?
                                 Agencies answer consumer
                                 queries and often play a role in
                                 delivering programs to increase
                                 consumer’s awareness. Debt
                                 counseling is commonly left to
                                 specific agencies.
PARTICIPATIVE APPROACH
Do advocacy groups have a formal role?
                                         Consumer advocacy organisations
                                         play a fairly limited role in the
                          In designing
                              and
                                         policymaking and regulatory process.
                         implementing    In nearly 50% of the countries,
                           consumer      consultation with consumer advocacy
                         empowerment
                          policies and   groups play no role.
                             market
                          conduct regs
                                         Only in two countries the advocacy
                                         groups have a further role helping
                                         consumers to file complains.

                                         In less than 30% of the countries they
                          Financial      have any formal roles,
                          education
                                         responsibilities, or duties related to
                                         consumer education
LANDSCAPE
The two main weaknesses and priorities over the next year
                           The assessed primary weaknesses in
                           the financial sector are
                           overwhelmingly:
                           - the limited access to (formal)
                           financial products; and
                           - the low level of financial literacy.

                           This doesn't imply that each area not flagged
                           by a country is necessarily fully satisfactory.


                           In terms of priorities, the dominant
                           priority is to increase financial
                           literacy. The second is to increase
                           protection for bank clients (only ½
                           the level of support as for financial
                           literacy).
MARKET CONDUCT – LEGAL BASIS
What legal documents govern market conduct regulation?
                                     Relevant legal provisions are
                                     most often found in either general
                                     consumer protection legislation or in
                                     financial sector regulations.

                                     Combining these answers with other
                                     questions, likely other legal acts (on
                                     payment systems, credit bureaus,
                                     insurance, pensions, and securities)
                                     may include market conduct
Market conduct provisions are        provisions; and these laws often
diffused in multiple laws.           contain conflicting provisions.

Most countries do not have
specific legislation for financial
consumer protection.
MARKET CONDUCT
Which products and providers are covered?

                            Formal lenders and deposit
                            takers are likely to be
                            regulated.

                            Not the market of mobile
                            financial services. Why?
                            Hypothesis:
                            a) it’s less risky
                            b) it’s too new – there is no
                            sectoral regulation
MARKET CONDUCT
Which areas are covered?
                           The focus of market conduct
                           regulations is on disclosure of
                           the cost of financial services.

                           A minority of countries also
                           provide for complaints handling
                           and redress mechanisms and
                           for disclosure in advertising.

However, almost all areas are covered, so there are a
number of members from whom lessons can potentially be
learned.
MARKET CONDUCT – OVERSIGHT
What market conduct oversight activities can be undertaken?

                             Limited use of specific
                             market conduct oversight
                             techniques such as media
                             monitoring and mystery
                             shopping. Why?
MARKET CONDUCT – OVERSIGHT
Number of inspections conducted in one year
In-site                      Although on- and off-site inspections are
                             the primary compliance monitoring
                             tools, 65% of countries does not have a
                             specific audit or inspection programme
                             for consumer protection monitoring.

                             This may be an area where substantial
                             improvement can be made in the short
                             term.
                                Is there a specific checklist or auditing program
Off-site                        that focuses on consumer protection issues?
MARKET CONDUCT – OVERSIGHT
Dedicated staff
                             Are there dedicated staff responsible for market
                             conduct supervision at any of the agencies you
                             identified in question 1?

                             In half of the countries the answer is
                             positive




                             Is market conduct supervision a general duty of
                             supervisory staff (e.g. banking department) in the
                             course of normal inspections?

                             In more than 80% of the countries,
                             yes. This could be a point of
                             consensus in making future
                             recommendations (w development
                             of adequate tools)
MARKET CONDUCT – REMEDIAL AND ENFORCEMENT ACTIONS
   What is the nature of the enforcement action?
                                                         In most countries, remedial
                                                         action on consumer protection
                                                         issues is limited to letters of
                                                         warning, although 65% of
                                                         countries does have the power
                                                         to issue monetary fines for non-
                                                         compliance.

Number of times this action of this type was taken in 2010
                                                         Your answers seem to indicate
                                                         that 55% of the countries have
                                                         issued between 1 and 5 fines
                                                         for market conduct compliance
                                                         Surprisingly high
MARKET CONDUCT – SELF-REGULATION
     Standards/codes of conduct
Are there industry codes of conduct in your
country which identify specific market conduct          The majority of the countries
standards?
                                                        have codes of conduct.

                                                        In those cases, the regulators
                                                        has often endorsed the code,
If so, has the regulator endorsed the code of
                                                        which is enforced by a third-
conduct?                                                party.




And, is there a self-regulatory body (or bodies) that
is responsible for enforcing of the standards?
MARKET CONDUCT – SELF-REGULATION
  Standards/codes of conduct
The codes of conducts probably refer mostly to banking codes of conduct (followed
by insurance).
It seems that the codes mostly deal only with generic issues, and not with specific
consumer protection issues.
 Which products/services are covered?              What providers are required to comply?




                                                 What types of providers have to comply with
 What areas are covered?                         the standards or codes of conduct?
MARKET CONDUCT – PRICING, TRANSPARENCY & DISCLOSURE
    Does your country have transparency & disclosure regulations?
Does your country have transparency and disclosure
regulations?
                                                        Most countries do have some
                                                        form of transparency
                                                        regulation, mostly focused on
                                                        interest or cost calculation.
                                                        However, there is no uniform
Is a specific format mandated for loan documentation?
                                                        approach in calculating the
                                                        cost of credit (see next slide)

                                                        Only a minority of countries
                                                        have a requirement for
Is there a standard template for either the             standard pre-agreement
disclosures or the contract that is
endorsed by the regulator?                              disclosure for financial service
                                                        contracts.
                                                        This may require attention in conforming
                                                        to the G20 principles.
MARKET CONDUCT – PRICING
Price calculation formula mandated for credit products


                             What specific charges and fees are included in the formula?
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE - DEPOSIT AND SAVINGS PRODUCTS
What information is required to be disclosed to the client?

          (Before Sale *)
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – CREDIT PRODUCTS
What information is required to be disclosed to the client?
          (Before Sale *)
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – MONEY TRANSFERS
What information is required to be disclosed to the client?
          (Before Sale *)
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – PAYMENT SERVICES
What information is required to be disclosed to the client?
          (Before Sale *)
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – E-MONEY
What information is required to be disclosed to the client?
          (Before Sale *)
MARKET CONDUCT – PRICING AND TERMS AND CONDITIONS OF COMPARABLE PRODUCTS/PROVIDERS
Is the information provided to consumers?
                             Around 50% of countries publish
                             some comparative information
                             on the pricing or terms and
                             conditions of financial services.
                             This is mostly published in the
                             central bank website.

                                          If it is recognized the
               If yes, where?
                                          importance of this information
                                          for customers, how to make it
                                          available to the majority of
                                          the clients?
MARKET CONDUCT – TRANSPARENCY AND DISCLOSURE
Continuing information to customers
Is the provider required to provide periodic   If yes, what is the due communication?
information to the client regarding their
deposits/savings?




Around 75% of countries require periodic disclosure of
information on deposit or savings accounts, mostly
through disclosure in account statement
MARKET CONDUCT – TRANSPARENCY & DISCLOSURE
What are two main priorities for the next year?

                                             53%
                                             To ensure transparency
                                             and effective disclosure in
                                             transactions with banks

                                             29%
                                             To identify cost-effective
                                             tools to provide to the
                                             public information on
                                             pricing and terms and
                                             conditions of comparable
                                             products/providers
MARKET CONDUCT – SALES AND MARKETING PRACTICES
Is there any regulations for sales and marketing practices?



                                                 More than 40% of
                                                 countries have no
                                                 regulation on sales
                                                 and marketing
                                                 practices.
MARKET CONDUCT – SALES AND MARKETING PRACTICES
What conducts and providers are regulated?
                                                 Restrictions to prevent
                                                 personal data related to a
                                                 consumer from being shared
                                                 with external parties

                                                 Obligation to verify credit
                                                 history of consumer before
                                                 selling a credit product

                                                 Obligation to verify repayment
                                                 capacity of the consumer
                                                 before selling a credit product

                                                 Prohibition of unfair, deceptive
                                                 or aggressive practices

                                                 Suitability of products and
                                                 services for the consumer

                                                 Prohibition on reckless lending

         It seems that banks and NBFIs
         covered similarly
MARKET CONDUCT – SALES AND MARKETING PRACTICES



Is there any regulatory provision that mandates     To what providers does this apply?
the provider:




To train staff on responsible sales practices

To supervise staff on responsible sales practices
MARKET CONDUCT – SALES AND MARKETING PRACTICES
The two main priorities for the next year



                                                 Suitability of products
                                                 and services for the
                                                 consumer
                                                 Obligation to verify
                                                 repayment capacity of
                                                 the consumer before
                                                 selling a credit product

                                                 Obligation to verify
                                                 credit history of
                                                 consumer before selling
                                                 a credit product
MARKET CONDUCT – ANCILLARY AREAS
 Credit bureaus
Credit information sharing and credit bureaus: Describe the nature of credit
information sharing, in relation to the statements below.

                                                                 Many countries have
                                                                 implemented credit
                                                                 information sharing
                                                                 initiatives, although
                                                                 participation is
                                                                 mostly limited to
                                                                 banks. In most cases
                                                                 MFIs are not included
                                                                 in the credit bureau
                                                                 system (see next).
MARKET CONDUCT – ANCILLARY AREAS
Credit bureaus
For "These institutions report information to the   For "These institutions have access to the
credit bureau", please select :                     collected information", please select :
MARKET CONDUCT – ANCILLARY AREAS
Abusive clauses

Abusive clauses: Is there any clause, term, or condition that,
if inserted in a contract, is automatically considered void or
“deemed unwritten”?


                                                                 Only a minority of
                                                                 countries have any
                                                                 specific limitations
                                                                 on unfair contract
                                                                 terms. This may be
                                                                 an area where
                                                                 significant
                                                                 improvement is
                                                                 possible.
MARKET CONDUCT
The main priorities for the next year
In your country, what are the four main priorities for the next year
for enhancing market conduct policy and regulatory framework?
Please select up to four priorities, with 1 being the highest priority.
CONSUMER EMPOWERMENT
Complaint handling and redress mechanisms
Do consumers have access to affordable and   Is the access to affordable and efficient
efficient complaint handling and redress     complaint handling and redress mechanisms a
mechanisms in your country?                  statutory right in your country?
CONSUMER EMPOWERMENT
Complaint handling and redress mechanisms
            For each of the help and redress mechanisms listed in the table
            below, indicate whether a solution is in place.
CONSUMER EMPOWERMENT
Complaint handling and redress mechanisms

                   What types of clients can file a complaint?
CONSUMER EMPOWERMENT
Complaint handling and redress mechanisms

               The decisions of the regulators and/or ombudsmen
               binding upon
CONSUMER EMPOWERMENT - DEBT COUNSELING
Is there any agency that offers debt counseling?
CONSUMER EMPOWERMENT
Complaint handling and redress mechanisms
In your country, what are two main priorities for the next to provide consumers
access to affordable and efficient complaint handling and redress mechanisms?
Please select up to two priorities.
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy
Is there a national strategy to enhance the       Does the regulator have a statutory responsibility to
financial literacy, capability and awareness of   promote consumer literacy, capability and
consumers?                                        awareness with respect to financial services?




Does the regulator undertakes programmes          Is there a special unit or dedicated staff responsible
to promote consumer literacy, capability          for financial consumers’ literacy, capability, and
and awareness with respect to financial           awareness?
services?
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy
Please indicate whether any of the following     Please indicate whether any of the following
instruments are used to promote financial        instruments are used to promote financial
consumer literacy, capability and awareness by   consumer literacy, capability and awareness by
the financial sector regulator or another        the financial institutions:
government agency:
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy

               Has the level of financial literacy in your country
               been formally measured?
CONSUMER EMPOWERMENT – STRATEGIES, MANDATES, and TOOLS



              Do financial consumers’ literacy, capability, and awareness
              programs target unbanked or low-income people?
MARKET CONDUCT




                 Has your institution ever evaluated the effectiveness of its
                 financial literacy, capability, and awareness initiatives?
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy

              What constraints and limitations keep your institution from
              promoting financial literacy, capability, and awareness?
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy
              Over the next year, what are the main priorities for your
              country in reference to financial consumers’ literacy,
              capability and awareness?
CONSUMER EMPOWERMENT
Strategies, mandates, and tools for financial literacy

 > No clear mandate
 > A few countries have clear strategies
 > But you all are doing that!
 > Without a baseline
 > Using different tools, implementing many different projects
 > But without knowing their effectiveness
 > With lack of financial resources (for the reasons above?)
 > And scarce collaboration with private sector and advocates groups
Session II
              G20 High-level principles on
             financial consumer protection


                     > Impact on CEMC WG members
> Possible role of the CEMC WG in the implementation of the principles
Purpose of the session

Present
> Overview of the G20 Principles on Financial Consumer Protection

Comment from members of the Working Group
> Any areas of the G20 Principles which may be difficult to implement;
> or is inconsistent with reality in particular countries;
> or is silent on an aspect of consumer protection which is a pressing
  concern?

Views and suggestions
> What next? Any issues to take forward? How? Level of priority?
Framework for Principles
What are the objectives of financial consumer protection?
What are the objectives of the G20 Principles?
> Covering all areas of financial services
> Consumer confidence in financial services, to promote growth &
  stability
> Respond to: Increased transfer of risk to consumes; complexity of
  products;
> Rapid changes & new (non-bank) providers & intermediaries
> While financial access & literacy remain low
> Voluntary principles, designed to complement sector-specific
  guidelines (IOSCO / BSBS / IAIS)
> Principles may need to be adapted to national or sectoral
  circumstances
Draft Principles – 1
1. Legal & Regulatory Framework
> “integral part of the legal & regulatory framework”
> “legal & judicial mechanisms to protect against financial fraud &
  abuses”
> Appropriate regulation & supervision of service providers, agents &
  advisors
> Consultation with industry, consumer bodies, professional bodies &
  research institutions

2. Role of oversight bodies
> “Must be oversight bodies with explicit responsibility for financial
   consumer protection”
> Independence, accountability, resources, powers …
> Mechanism for effective cooperation between oversight bodies
Draft Principles

3. Equitable & fair treatment for consumers
> “Should be part of the corporate culture of financial service
   providers
> “Similar protection for similar products & services
> “Special attention to vulnerable groups

4.   Disclosure & transparency
>    “Provide key information on benefits, terms, risks, costs
>    “intermediary remuneration & conflicts
>    “Standard pre-contractual disclosure promoted
>    Health warnings (& information) on risky products
>    Requirements on providers of advice
Draft Principles

5.   Financial Education & Awareness
>    “Promote education & awareness
>    Information on consumer rights easily accesible
>    Recommend implementation of OECD Guidelines & Principles
>    Special focus on vulnerable groups

6. Responsible business conduct of Financial Service Providers &
   their agents
> “Providers accountable for action of their agents
> Objective of engagement with consumers: “best interest of clients”;
   “assess capabilities & needs of clients”, before providing products
   or services
> Staff properly trained
> Avoid / disclose conflicts of interest
> Remuneration structure encourage responsible business conduct
Draft Principles

7. Protection of Consumer Rights
> “Protect rights to deposits, savings & similar products
> High degree of certainty; appropriate mechanisms

8.   Protection of consumer data & privacy
>    “Through appropriate mechanisms
>    Define purpose of collection; processing & disclosure
>    Right of consumers to be informed (of data sharing), have access
     their data; data corrected or deleted
Draft Principles
9.   Complaints handling
>    “Redress mechanisms … accessible, cheap, effective etc.
>    Publish complaints statistics
>    Providers & agents to provide first line of complaints & redress
>    Independent process available of not resolved

10. Competition
> “National & international competitive markets, for choice & price
  competition
> Allow consumers to search & switch
Draft Principles

 Principles                                          ????
 1.    Legal & regulatory framework     Any of these inappropriate?
 2.    Oversight bodies
 3.    Equitable & fair treatment       Any important issues missing?
 4.    Disclosure & transparency
 5.    Education & awareness
                                        Conflict with financial
 6.    Responsible Business Conduct
                                         inclusion?
 7.    Protection of consumer rights
 8.    Protection of data & privacy
                                        Challenges in implementation?
 9.    Complaints handling
 10.   Competition
                                       … what next?
Related developments to consider

FSB: “Consumer Finance Protection
          - consumer credit & mortgages
          - financial stability aspects
          - assessment of current practices

                                                                   • Implications?
     Issues:-
•   Current consumer protection frameworks in credit &
    “consumer protection authorities”                              • Concerns?
•   Engaging with consumer advocacy groups
•   Competing objectives (prudential / protection); Independence
    & accountability                                               • Suggestions?
•   Enforcement
•   Complaints & dispute resolution

•   Responsible mortgage lending practices = main issue
•   Product regulation
•   Unfair selling practices
•   Disclosure & transparency
Any other issues in this respect?



   • ????
                                    What
   • ????
                                     To
   • ????

   • ????                           Do?
Session III
           CEMC WG’s Governance



            > Election of CEMC WG chairperson
           > Announcement of new chairperson
> Discussion and approval of CEMC WG seminal documents
Governance

ELECTED CHAIR
> Bangko Sentral ng Philipinas

ELECTED CO-CHAIR
> Central Bank of Uganda

SEMINAL DOCUMENTS
> The CEMC WG members approve the charter and concept
note
Session IV
CEMC WG’s sessions at the
     2011 AFI GPF


  > Session on financial literacy
    > Session on transparency
Thursday, 29 September, 17.00h – 18.30h
Financial literacy and financial inclusion
FACILITATOR
> Ahmed Dermish, BFA
PANELISTS
> Bipin Nair, Reserve Bank of India
> Giovanna Priale, SBS Peru
> (TBC)

SESSION OBJECTIVES
> To increase understanding of the relationship between financial literacy
and inclusion
> To gain a better understanding of the role of policymakers/regulators
> To identify cost-effective tools to increase the level of literacy
> To provide input into the AFI CEMC WG’s work on this topic

FORMAT
> Advisory teams
Friday, 30 September, 9.30h – 10.45h
Improved transparency standards for financial inclusion
MODERATOR
> Shaun Mundy
PANELISTS
> Antoine Traore, BCEAO
> Hastings Mzoma, Central Bank of Malawi
> Belinda Caraan, Bangko Sentral ng Philipinas
> Gaiv Tata, the World Bank
> Katherine McKee, CGAP
> Gabriel Davel, AFI Associate

SESSION OBJECTIVES
> To identify key issues in pricing and transparency
> To discuss regulatory approaches and good practices re: transparency
> To provide input into the AFI CEMC WG’s work on this topic

FORMAT
> Talk show
Session V
    Agenda setting and
    operationalization


> Presentation of proposed log-frame
       > Creation of subgroups
Log-frame: template
Intervention
                     What should it show:              It answers the question:
    logic
               Change of state and improved
Impact/Goal                                       What is our vision of the future?
               situation
               Situational or behavior change
                                                  Where would we like to get to in
Outcomes       or improvement that is
                                                  the next 5 years?
               necessary to reach the impact
               The tangible products, services,   What are the main things that
               and results delivered which        need to be delivered (in the
 Outputs
               needs to be achieved to bring      next year) by the working group
               about the outcome                  to achieve the vision?
               Tasks that have to be
                                                  What needs to be done to
 Activities    undertaken to deliver the
                                                  deliver each of these outputs?
               desired outputs
Subgroups

                               5 subgroups
Transparency     Sales and     Avenues for   Financial    Harmonization
and disclosure   marketing      help and     education     of guidelines
                 practices       redress
  Guatemala       Tanzania       Liberia x   Pakistan x     Armenia x
    Peru x       Palestine x      Russia       RDC           Thailand
   BCEAO         Philippines     Senegal      Mexico        Paraguay
    China                                     Malawi          Zambia
   Uganda                                     Angola
                                                              x = focal point
Session VI
      Sub-groups discussions



> Discussion of expected outcomes and outputs
           > Discussion of work plan
Session VII
             Next steps



       > Finalization of log-frame
       > Finalization of work plan
> Agenda and logistic for the next meeting
CEMC WG’s log-frame
                Improved capacity of policymakers to design and implement effective policies to protect
  Goal
                and empower consumers
                Guidelines on four priority areas for Consumer Empowerment and Market Conduct endorsed
                by AFI network members
Outcome
                Relevant international frameworks (standards, principles, etc.) are better harmonized
                CEMC WG members recognized as leaders in consumer empowerment and market conduct
                Developed evidence based policymaker’s guidelines in four priority areas
                Produced report on country experiences
                Improved capacity of CEMCWG members to assess and analyze solutions and mechanisms for
                consumer protection and market conduct
Outputs
                Identified and documented cost-effective tools that deliver information and enable redress
                for the poorest segment of the population
                Increased awareness among other policymakers and international stakeholders about
                CEMCWG lessons and solutions
                Develop and complete stocktaking survey
                Conduct Knowledge Exchange visits between CEMC WG members
                Undertake diagnostic study on selected CEMC WG members countries
Activities      CEMCWG members present experiences and lessons learned in selected external forums
                Hold peer learning workshop on diagnostic tools and methodologies, and policy solutions,
                with strategic partners
                Peer reviews of draft policies and regulations
                                                Transparency and disclosure
             MARKET CONDUCT
4 priority                                      Sales and marketing practices
  areas                                         Avenues for help and redress
             CONSUMER EMPOWERMENT
                                                Financial education
Transparency and disclosures subgroup’s log-frame

             Developed evidence based policymaker’s guidelines in the area of transparency, with focus
             on cost-effective access to disclosed information (e.g. re: channels, standard contract for
             basic products, code of conducts, comparable information of basic products)
Outputs
             Produced report on transparency based on the results of the stocktaking survey
             Identified and documented cost-effective tools that deliver information, also for the
             poorest segment of the population

             Analyze transparency section of the stocktaking survey
Activities   Identify common challenges and good practices
             Undertake diagnostic study on selected CEMC WG members countries

             Superintendencia de Guatemala
             Superintendencia de Peru (coordinator)
Members      BCEAO
             People’s Bank of China
             Central Bank of Uganda
Sales and marketing practices subgroup’s log-frame

             Developed evidence based policymaker’s guidelines in the area of sales and marketing
             practices
             Produced report on sales and marketing practices based on the results of the stocktaking
Outputs
             survey
             Identified and documented cost-effective tools that deliver information, protect, and
             empower consumers, also for the poorest segment of the population

             Analyze sales and marketing practices section of the stocktaking survey
Activities   Identify common challenges and good practices
             Undertake diagnostic study on selected CEMC WG members countries


             Central Bank of Tanzania
Members      Palestine Monetary Authority (coordinator)
             Bangko Sentral ng Philippinas
Help and redress subgroup’s log-frame

             Developed evidence based policymaker’s guidelines on help and redress mechanisms
             Produced report on avenues for help and redress mechanisms based on the results of the
             stocktaking survey
Outputs
             Identified and documented cost-effective tools that protect and empower consumers
             providing access to cost-effective help and redress mechanisms, also for the poorest
             segment of the population

             Analyze relevant section of the stocktaking survey
Activities   Identify common challenges and good practices
             Undertake diagnostic study on selected CEMC WG members countries


             Central Bank of Liberia (coordinator)
Members      Ministry of Economic Development of Russia
             Ministere de Finances du Senegal
Financial education subgroup’s log-frame

             Developed evidence based policymaker’s guidelines on financial education, with focus on
             the development of national strategies
Outputs      Produced report on financial education based on the results of the stocktaking survey
             Identified and documented cost-effective tools that deliver financial education, also for the
             poorest segment of the population

             Analyze relevant section of the stocktaking survey
Activities   Identify common challenges and good practices
             Undertake diagnostic study on selected CEMC WG members countries

             State Bank of Pakistan (coordinator)
             Banque Centrale du Congo
Members      CNBV Mexico
             Reserve Bank of Malawi
             National Bank of Angola
Harmonization of guidelines subgroup’s log-frame


             Identified and documented problems with concurrent internationally adopted frameworks
Outputs      (of standards, principles, and indicators) used to assess consumer empowerment policies
             and market conduct regulations in AFI member countries



             Analyze relevant frameworks
Activities   Identify common challenges due to the co-existence of concurrent frameworks
             Provide guidance to the other 4 CEMC WG sub-groups


             Central Bank of Armenia (coordinator)
             Central Bank of Thailand
Members
             Banco Central do Paraguay
             Bank of Zambia

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AFI CEMC WG - second meeting - presentation SdC

  • 1. The 2011 AFI Global Policy Forum Consumer Empowerment and Market Conduct (CEMC) working group meeting 27 September, Riviera Maya, Mexico
  • 2. The CEMC WG from Malaysia to Mexico > 18 member organizations > Charter and concept note drafted established CEMC WG > Survey undertaken > Set objective > Coordination group functioning > Identified 4 priority areas > 18 member organizations > Agreed on content for charter and represented in the second meeting concept note > CEMC is activated > Agreed to undertake member survey > The CEMC WG has a logo > Set up coordination group > and a work space: AFI Member Zone > Agreed on content for work plan Launch: KL, 7 April 2011 Second meeting: RM, 27 Sept 2011
  • 3. 28 AFI members represented in the CEMC WG > Banco Central del Paraguay > Central Bank of Tanzania > Banco Central do Brasil > CNBV, Mexico > Banco Nacional de Angola > Ministère de l’Economie et des Finances du > Bank al-Maghrib Senegal > Bangko Sentral ng Pilipinas > Ministry of Economic Development and > BCEAO Trade, Russia > Bank Indonesia > National Bank of Rwanda > Bank Negara Malaysia > National Credit Regulator, South Africa > Bank of Thailand > Palestine Monetary Authority > Bank of Uganda > People’s Bank of China > Bank of Zambia > Reserve Bank of Malawi > Banque Centrale de la Rép. de Guinée > State Bank of Pakistan > Banque Centrale du Congo > Superintendencia de Peru > Central Bank of Armenia > Superintendencia de Guatemala > Central Bank of Kenya > Central Bank of Liberia New members in yellow/green
  • 4. Agenda Time Item for discussion Welcoming remarks and meeting kick-off Review of the agenda and meeting goals 9.00 – 9.30 Review of preparatory documents Updating each other on country initiatives CEMC WG members survey 9.30 – 10.30 Presentation and discussion of intermediate results of the CEMC WG survey 10.30 – 11.00 Coffee break The G20 High-level Principles on Financial Consumer Protection and their implementation 11.00 - 12.00 Discussion of impact of the Principles on the work of the CEMC WG members and the possible role of the CEMC in their implementation Governance Election of CEMC WG chairperson (and eventually a co-chair) 12.00 – 12.30 Announcement of new chairperson Discussion and approval of CEMC WG seminal documents (concept note and charter) Presentation of CEMC WG sessions at 2011 AFI GPF 12.30 – 12.45 Relevance of the sessions and role of CEMC WG members 12.45 – 14.00 Lunch Agenda setting and operazionalization Presentation of proposed log-frame 14.00 – 15.00 Discussion of the CEMC WG expected outcomes and outputs Creation of subgroups 14.00 – 15.45 Sub-groups discussions 15.45 – 16.00 Coffee break Next steps Finalization of log-frame 16.00 – 17.00 Finalization of work plan (division of labor between subgroups, participation in relevant events, etc.) Agenda and logistic for the next meeting Closing
  • 5. Priority areas MARKET CONDUCT > i) transparency and disclosure > ii) sales and marketing practices CONSUMER EMPOWERMENT > iii) avenues for help and redress > iv) financial literacy, capability and awareness
  • 6. CEMC WG’s objectives > To promote the adoption of evidence based policy and regulatory solutions for the empowerment and protection of financial consumers, which is also correlated with improving access to finance and the quality of financial inclusion > To develop a set of core principles/guidelines for financial consumer empowerment and protection policymaking > To support the design and validation of tools for policy analysis and policymaking for use by working group members
  • 7. Meeting goals > To present the preliminary results of the members’ survey and agree on the next steps > To discuss the potential role in the implementation of the G20 Principles > To elect the chairperson > To approve the charter and concept note > To find agreement on the expected outcome and outputs > To establish subgroups > To design the CEMC WG’s log-frame > To revise the work plan
  • 8. Preparatory documents > First meeting minutes and list of participants > Second meeting agenda > Second meeting participants list > Consolidated results of CEMC WG survey > Draft CEMC WG concept note > Draft CEC WG charter > Draft G20 High-level principles on financial consumer protection
  • 9. Members’ update > Central Bank of Uganda visited Mexico and Peru and released new National Framework on Financial Literacy and Financial Consumer Protection > Koid Swee Lian, AFI Policy Champion and CEMC WG founder, appointed CEO of the Malaysia AKPK > Others?
  • 10. Session I CEMC WG members survey Preliminary results > Scope of the analysis > Survey objectives > Respondent demographics > Preliminary results and observations > Survey trends > Roadmap to good policy practices
  • 11. CEMC WG survey: scope of the analysis Good Gather policy respective market data practices Self-diagnose priority Measure impact policy of policies and objectives regulations on market and consumers Survey peers to determine common practices and challenges
  • 12. CEMC WG survey: objectives > To gain a better understanding of WG members experiences, current plans, and challenges ahead related to the WG’s four priority areas > To provide a foundation from which WG members can self-diagnose their respective policy approaches, to determine how to best enable safe and sustainable policy and regulatory frameworks for financial inclusion > To inform the development of a road map towards good policy practice for consumer empowerment and market conduct
  • 13. CEMC WG survey: respondents demographics Angola BCEAO 17 RD Congo countries Africa Kenya Malawi Senegal Uganda 11 3 3 Zambia Guatemala 17 central banks ministries banks regulators MexicoTotal LAC Paraguay Peru MENA Palestine Armenia 2 billion China people ECA Philippines Russia
  • 14. NUMBER OF AGENCIES WITH RESPONSIBILITY CEMC WG survey: demographics > 45 (average 2.6 per country) > Mostly central banks and ministries, but also capital market authorities, insurance authorities, consumer protection agencies, and few microfinance authorities Responding Country Agency 1 Agency 2 Agency 3 Agency 4 Angola Instituto Nacional de Defesa do Consumidor Banco Nacional de Angola (INADEC) China State Administration for Industry &Commerce DR Congo Banque Centrale du Congo Guatemala Dirección de protección al consumidor (Ministerio de Economía) Kenya Central Bank of Kenya Capital Markets Authority Retirement Benefits Authority Insurance Regulatory Authority Malawi Reserve Bank of Malawi Mexico Central Bank (BANCO DE MEXICO) National Banking and Securities Commission National Commission for the Protection of Insurance and Surety National Commission (CNBV) Users of Financial Services (CONDUSEF) (CNSF) / Institute for the Protection of Banking Savings (IPAB) Palestine Palestine Monetary Authority Paraguay Banco Central del Paraguay Instituto Nacional de Cooperativismo Ministerio de Industria y Comercio Peru Department of Products and Services to National Institute for the Defense of Financial Ombudsman Service Competition and Intellectual Property Protection (Indecopi) Philippines Bangko Sentral ng Pilipinas Securities and Exchange Commission Philippine Deposit Insurance Corporation Insurance Commission Republic of Central Bank of Armenia Armenia Russian Federal Service on Consumers' Rights Ministry of Finance of the Russian Federation Ministry for Economic Development of the Federal Financial Markets Service Russian Federation Federation Senegal Direction de la Réglementation et de la Direction de la microfinance (DMF) Banque Centrale des Etats de l'Afrique de Observatoire de la Qualité des Services supervision des systèmes financiers l'Ouest (BCEAO) Financiers (OQSF) décentralisés (DRS-SFD) Uganda Bank of Uganda Capital Markets Authority Uganda Insurance Commission Ministry of Finance, Planning and Economic Development, Department of Microfinance WAEMU - UEMOA Central Bank of West African States (BCEAO) Banking Commission Microfinance Departments of Ministers of Finances Zambia Bank of Zambia Pensions and Insurance Authority Securities and Exchange Commission Competition and Consumer Protection Commission
  • 15. CEMC WG survey: categories INSTITUTIONAL LANDSCAPE > Mandate > Interagency coordination > Consultative approach MARKET CONDUCT > Regulation > Oversight > Remedial actions > Enforcement > Self-regulation > Transparency and disclosure > Sale and market practices > Ancillary areas CONSUMER EMPOWERMENT > Avenues for help and redress > Financial literacy, capability and awareness
  • 16. MANDATE – MARKET CONDUCT What are the main functions of the agencies? Most commonly, the involved agencies cover the three functions: regulating, supervising, and enforcing market conduct regulation Often the legal basis is the central bank law and the banking law. In a few cases the mandate is embedded in the constitution
  • 17. MANDATE – CONSUMER EMPOWERMENT What are the main functions of the agencies? Agencies answer consumer queries and often play a role in delivering programs to increase consumer’s awareness. Debt counseling is commonly left to specific agencies.
  • 18. PARTICIPATIVE APPROACH Do advocacy groups have a formal role? Consumer advocacy organisations play a fairly limited role in the In designing and policymaking and regulatory process. implementing In nearly 50% of the countries, consumer consultation with consumer advocacy empowerment policies and groups play no role. market conduct regs Only in two countries the advocacy groups have a further role helping consumers to file complains. In less than 30% of the countries they Financial have any formal roles, education responsibilities, or duties related to consumer education
  • 19. LANDSCAPE The two main weaknesses and priorities over the next year The assessed primary weaknesses in the financial sector are overwhelmingly: - the limited access to (formal) financial products; and - the low level of financial literacy. This doesn't imply that each area not flagged by a country is necessarily fully satisfactory. In terms of priorities, the dominant priority is to increase financial literacy. The second is to increase protection for bank clients (only ½ the level of support as for financial literacy).
  • 20. MARKET CONDUCT – LEGAL BASIS What legal documents govern market conduct regulation? Relevant legal provisions are most often found in either general consumer protection legislation or in financial sector regulations. Combining these answers with other questions, likely other legal acts (on payment systems, credit bureaus, insurance, pensions, and securities) may include market conduct Market conduct provisions are provisions; and these laws often diffused in multiple laws. contain conflicting provisions. Most countries do not have specific legislation for financial consumer protection.
  • 21. MARKET CONDUCT Which products and providers are covered? Formal lenders and deposit takers are likely to be regulated. Not the market of mobile financial services. Why? Hypothesis: a) it’s less risky b) it’s too new – there is no sectoral regulation
  • 22. MARKET CONDUCT Which areas are covered? The focus of market conduct regulations is on disclosure of the cost of financial services. A minority of countries also provide for complaints handling and redress mechanisms and for disclosure in advertising. However, almost all areas are covered, so there are a number of members from whom lessons can potentially be learned.
  • 23. MARKET CONDUCT – OVERSIGHT What market conduct oversight activities can be undertaken? Limited use of specific market conduct oversight techniques such as media monitoring and mystery shopping. Why?
  • 24. MARKET CONDUCT – OVERSIGHT Number of inspections conducted in one year In-site Although on- and off-site inspections are the primary compliance monitoring tools, 65% of countries does not have a specific audit or inspection programme for consumer protection monitoring. This may be an area where substantial improvement can be made in the short term. Is there a specific checklist or auditing program Off-site that focuses on consumer protection issues?
  • 25. MARKET CONDUCT – OVERSIGHT Dedicated staff Are there dedicated staff responsible for market conduct supervision at any of the agencies you identified in question 1? In half of the countries the answer is positive Is market conduct supervision a general duty of supervisory staff (e.g. banking department) in the course of normal inspections? In more than 80% of the countries, yes. This could be a point of consensus in making future recommendations (w development of adequate tools)
  • 26. MARKET CONDUCT – REMEDIAL AND ENFORCEMENT ACTIONS What is the nature of the enforcement action? In most countries, remedial action on consumer protection issues is limited to letters of warning, although 65% of countries does have the power to issue monetary fines for non- compliance. Number of times this action of this type was taken in 2010 Your answers seem to indicate that 55% of the countries have issued between 1 and 5 fines for market conduct compliance Surprisingly high
  • 27. MARKET CONDUCT – SELF-REGULATION Standards/codes of conduct Are there industry codes of conduct in your country which identify specific market conduct The majority of the countries standards? have codes of conduct. In those cases, the regulators has often endorsed the code, If so, has the regulator endorsed the code of which is enforced by a third- conduct? party. And, is there a self-regulatory body (or bodies) that is responsible for enforcing of the standards?
  • 28. MARKET CONDUCT – SELF-REGULATION Standards/codes of conduct The codes of conducts probably refer mostly to banking codes of conduct (followed by insurance). It seems that the codes mostly deal only with generic issues, and not with specific consumer protection issues. Which products/services are covered? What providers are required to comply? What types of providers have to comply with What areas are covered? the standards or codes of conduct?
  • 29. MARKET CONDUCT – PRICING, TRANSPARENCY & DISCLOSURE Does your country have transparency & disclosure regulations? Does your country have transparency and disclosure regulations? Most countries do have some form of transparency regulation, mostly focused on interest or cost calculation. However, there is no uniform Is a specific format mandated for loan documentation? approach in calculating the cost of credit (see next slide) Only a minority of countries have a requirement for Is there a standard template for either the standard pre-agreement disclosures or the contract that is endorsed by the regulator? disclosure for financial service contracts. This may require attention in conforming to the G20 principles.
  • 30. MARKET CONDUCT – PRICING Price calculation formula mandated for credit products What specific charges and fees are included in the formula?
  • 31. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE - DEPOSIT AND SAVINGS PRODUCTS What information is required to be disclosed to the client? (Before Sale *)
  • 32. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – CREDIT PRODUCTS What information is required to be disclosed to the client? (Before Sale *)
  • 33. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – MONEY TRANSFERS What information is required to be disclosed to the client? (Before Sale *)
  • 34. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – PAYMENT SERVICES What information is required to be disclosed to the client? (Before Sale *)
  • 35. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE – E-MONEY What information is required to be disclosed to the client? (Before Sale *)
  • 36. MARKET CONDUCT – PRICING AND TERMS AND CONDITIONS OF COMPARABLE PRODUCTS/PROVIDERS Is the information provided to consumers? Around 50% of countries publish some comparative information on the pricing or terms and conditions of financial services. This is mostly published in the central bank website. If it is recognized the If yes, where? importance of this information for customers, how to make it available to the majority of the clients?
  • 37. MARKET CONDUCT – TRANSPARENCY AND DISCLOSURE Continuing information to customers Is the provider required to provide periodic If yes, what is the due communication? information to the client regarding their deposits/savings? Around 75% of countries require periodic disclosure of information on deposit or savings accounts, mostly through disclosure in account statement
  • 38. MARKET CONDUCT – TRANSPARENCY & DISCLOSURE What are two main priorities for the next year? 53% To ensure transparency and effective disclosure in transactions with banks 29% To identify cost-effective tools to provide to the public information on pricing and terms and conditions of comparable products/providers
  • 39. MARKET CONDUCT – SALES AND MARKETING PRACTICES Is there any regulations for sales and marketing practices? More than 40% of countries have no regulation on sales and marketing practices.
  • 40. MARKET CONDUCT – SALES AND MARKETING PRACTICES What conducts and providers are regulated? Restrictions to prevent personal data related to a consumer from being shared with external parties Obligation to verify credit history of consumer before selling a credit product Obligation to verify repayment capacity of the consumer before selling a credit product Prohibition of unfair, deceptive or aggressive practices Suitability of products and services for the consumer Prohibition on reckless lending It seems that banks and NBFIs covered similarly
  • 41. MARKET CONDUCT – SALES AND MARKETING PRACTICES Is there any regulatory provision that mandates To what providers does this apply? the provider: To train staff on responsible sales practices To supervise staff on responsible sales practices
  • 42. MARKET CONDUCT – SALES AND MARKETING PRACTICES The two main priorities for the next year Suitability of products and services for the consumer Obligation to verify repayment capacity of the consumer before selling a credit product Obligation to verify credit history of consumer before selling a credit product
  • 43. MARKET CONDUCT – ANCILLARY AREAS Credit bureaus Credit information sharing and credit bureaus: Describe the nature of credit information sharing, in relation to the statements below. Many countries have implemented credit information sharing initiatives, although participation is mostly limited to banks. In most cases MFIs are not included in the credit bureau system (see next).
  • 44. MARKET CONDUCT – ANCILLARY AREAS Credit bureaus For "These institutions report information to the For "These institutions have access to the credit bureau", please select : collected information", please select :
  • 45. MARKET CONDUCT – ANCILLARY AREAS Abusive clauses Abusive clauses: Is there any clause, term, or condition that, if inserted in a contract, is automatically considered void or “deemed unwritten”? Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible.
  • 46. MARKET CONDUCT The main priorities for the next year In your country, what are the four main priorities for the next year for enhancing market conduct policy and regulatory framework? Please select up to four priorities, with 1 being the highest priority.
  • 47. CONSUMER EMPOWERMENT Complaint handling and redress mechanisms Do consumers have access to affordable and Is the access to affordable and efficient efficient complaint handling and redress complaint handling and redress mechanisms a mechanisms in your country? statutory right in your country?
  • 48. CONSUMER EMPOWERMENT Complaint handling and redress mechanisms For each of the help and redress mechanisms listed in the table below, indicate whether a solution is in place.
  • 49. CONSUMER EMPOWERMENT Complaint handling and redress mechanisms What types of clients can file a complaint?
  • 50. CONSUMER EMPOWERMENT Complaint handling and redress mechanisms The decisions of the regulators and/or ombudsmen binding upon
  • 51. CONSUMER EMPOWERMENT - DEBT COUNSELING Is there any agency that offers debt counseling?
  • 52. CONSUMER EMPOWERMENT Complaint handling and redress mechanisms In your country, what are two main priorities for the next to provide consumers access to affordable and efficient complaint handling and redress mechanisms? Please select up to two priorities.
  • 53. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy Is there a national strategy to enhance the Does the regulator have a statutory responsibility to financial literacy, capability and awareness of promote consumer literacy, capability and consumers? awareness with respect to financial services? Does the regulator undertakes programmes Is there a special unit or dedicated staff responsible to promote consumer literacy, capability for financial consumers’ literacy, capability, and and awareness with respect to financial awareness? services?
  • 54. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy Please indicate whether any of the following Please indicate whether any of the following instruments are used to promote financial instruments are used to promote financial consumer literacy, capability and awareness by consumer literacy, capability and awareness by the financial sector regulator or another the financial institutions: government agency:
  • 55. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy Has the level of financial literacy in your country been formally measured?
  • 56. CONSUMER EMPOWERMENT – STRATEGIES, MANDATES, and TOOLS Do financial consumers’ literacy, capability, and awareness programs target unbanked or low-income people?
  • 57. MARKET CONDUCT Has your institution ever evaluated the effectiveness of its financial literacy, capability, and awareness initiatives?
  • 58. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy What constraints and limitations keep your institution from promoting financial literacy, capability, and awareness?
  • 59. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy Over the next year, what are the main priorities for your country in reference to financial consumers’ literacy, capability and awareness?
  • 60. CONSUMER EMPOWERMENT Strategies, mandates, and tools for financial literacy > No clear mandate > A few countries have clear strategies > But you all are doing that! > Without a baseline > Using different tools, implementing many different projects > But without knowing their effectiveness > With lack of financial resources (for the reasons above?) > And scarce collaboration with private sector and advocates groups
  • 61. Session II G20 High-level principles on financial consumer protection > Impact on CEMC WG members > Possible role of the CEMC WG in the implementation of the principles
  • 62. Purpose of the session Present > Overview of the G20 Principles on Financial Consumer Protection Comment from members of the Working Group > Any areas of the G20 Principles which may be difficult to implement; > or is inconsistent with reality in particular countries; > or is silent on an aspect of consumer protection which is a pressing concern? Views and suggestions > What next? Any issues to take forward? How? Level of priority?
  • 63. Framework for Principles What are the objectives of financial consumer protection? What are the objectives of the G20 Principles? > Covering all areas of financial services > Consumer confidence in financial services, to promote growth & stability > Respond to: Increased transfer of risk to consumes; complexity of products; > Rapid changes & new (non-bank) providers & intermediaries > While financial access & literacy remain low > Voluntary principles, designed to complement sector-specific guidelines (IOSCO / BSBS / IAIS) > Principles may need to be adapted to national or sectoral circumstances
  • 64. Draft Principles – 1 1. Legal & Regulatory Framework > “integral part of the legal & regulatory framework” > “legal & judicial mechanisms to protect against financial fraud & abuses” > Appropriate regulation & supervision of service providers, agents & advisors > Consultation with industry, consumer bodies, professional bodies & research institutions 2. Role of oversight bodies > “Must be oversight bodies with explicit responsibility for financial consumer protection” > Independence, accountability, resources, powers … > Mechanism for effective cooperation between oversight bodies
  • 65. Draft Principles 3. Equitable & fair treatment for consumers > “Should be part of the corporate culture of financial service providers > “Similar protection for similar products & services > “Special attention to vulnerable groups 4. Disclosure & transparency > “Provide key information on benefits, terms, risks, costs > “intermediary remuneration & conflicts > “Standard pre-contractual disclosure promoted > Health warnings (& information) on risky products > Requirements on providers of advice
  • 66. Draft Principles 5. Financial Education & Awareness > “Promote education & awareness > Information on consumer rights easily accesible > Recommend implementation of OECD Guidelines & Principles > Special focus on vulnerable groups 6. Responsible business conduct of Financial Service Providers & their agents > “Providers accountable for action of their agents > Objective of engagement with consumers: “best interest of clients”; “assess capabilities & needs of clients”, before providing products or services > Staff properly trained > Avoid / disclose conflicts of interest > Remuneration structure encourage responsible business conduct
  • 67. Draft Principles 7. Protection of Consumer Rights > “Protect rights to deposits, savings & similar products > High degree of certainty; appropriate mechanisms 8. Protection of consumer data & privacy > “Through appropriate mechanisms > Define purpose of collection; processing & disclosure > Right of consumers to be informed (of data sharing), have access their data; data corrected or deleted
  • 68. Draft Principles 9. Complaints handling > “Redress mechanisms … accessible, cheap, effective etc. > Publish complaints statistics > Providers & agents to provide first line of complaints & redress > Independent process available of not resolved 10. Competition > “National & international competitive markets, for choice & price competition > Allow consumers to search & switch
  • 69. Draft Principles Principles ???? 1. Legal & regulatory framework  Any of these inappropriate? 2. Oversight bodies 3. Equitable & fair treatment  Any important issues missing? 4. Disclosure & transparency 5. Education & awareness  Conflict with financial 6. Responsible Business Conduct inclusion? 7. Protection of consumer rights 8. Protection of data & privacy  Challenges in implementation? 9. Complaints handling 10. Competition … what next?
  • 70. Related developments to consider FSB: “Consumer Finance Protection - consumer credit & mortgages - financial stability aspects - assessment of current practices • Implications? Issues:- • Current consumer protection frameworks in credit & “consumer protection authorities” • Concerns? • Engaging with consumer advocacy groups • Competing objectives (prudential / protection); Independence & accountability • Suggestions? • Enforcement • Complaints & dispute resolution • Responsible mortgage lending practices = main issue • Product regulation • Unfair selling practices • Disclosure & transparency
  • 71. Any other issues in this respect? • ???? What • ???? To • ???? • ???? Do?
  • 72. Session III CEMC WG’s Governance > Election of CEMC WG chairperson > Announcement of new chairperson > Discussion and approval of CEMC WG seminal documents
  • 73. Governance ELECTED CHAIR > Bangko Sentral ng Philipinas ELECTED CO-CHAIR > Central Bank of Uganda SEMINAL DOCUMENTS > The CEMC WG members approve the charter and concept note
  • 74. Session IV CEMC WG’s sessions at the 2011 AFI GPF > Session on financial literacy > Session on transparency
  • 75. Thursday, 29 September, 17.00h – 18.30h Financial literacy and financial inclusion FACILITATOR > Ahmed Dermish, BFA PANELISTS > Bipin Nair, Reserve Bank of India > Giovanna Priale, SBS Peru > (TBC) SESSION OBJECTIVES > To increase understanding of the relationship between financial literacy and inclusion > To gain a better understanding of the role of policymakers/regulators > To identify cost-effective tools to increase the level of literacy > To provide input into the AFI CEMC WG’s work on this topic FORMAT > Advisory teams
  • 76. Friday, 30 September, 9.30h – 10.45h Improved transparency standards for financial inclusion MODERATOR > Shaun Mundy PANELISTS > Antoine Traore, BCEAO > Hastings Mzoma, Central Bank of Malawi > Belinda Caraan, Bangko Sentral ng Philipinas > Gaiv Tata, the World Bank > Katherine McKee, CGAP > Gabriel Davel, AFI Associate SESSION OBJECTIVES > To identify key issues in pricing and transparency > To discuss regulatory approaches and good practices re: transparency > To provide input into the AFI CEMC WG’s work on this topic FORMAT > Talk show
  • 77. Session V Agenda setting and operationalization > Presentation of proposed log-frame > Creation of subgroups
  • 78. Log-frame: template Intervention What should it show: It answers the question: logic Change of state and improved Impact/Goal What is our vision of the future? situation Situational or behavior change Where would we like to get to in Outcomes or improvement that is the next 5 years? necessary to reach the impact The tangible products, services, What are the main things that and results delivered which need to be delivered (in the Outputs needs to be achieved to bring next year) by the working group about the outcome to achieve the vision? Tasks that have to be What needs to be done to Activities undertaken to deliver the deliver each of these outputs? desired outputs
  • 79. Subgroups 5 subgroups Transparency Sales and Avenues for Financial Harmonization and disclosure marketing help and education of guidelines practices redress Guatemala Tanzania Liberia x Pakistan x Armenia x Peru x Palestine x Russia RDC Thailand BCEAO Philippines Senegal Mexico Paraguay China Malawi Zambia Uganda Angola x = focal point
  • 80. Session VI Sub-groups discussions > Discussion of expected outcomes and outputs > Discussion of work plan
  • 81. Session VII Next steps > Finalization of log-frame > Finalization of work plan > Agenda and logistic for the next meeting
  • 82. CEMC WG’s log-frame Improved capacity of policymakers to design and implement effective policies to protect Goal and empower consumers Guidelines on four priority areas for Consumer Empowerment and Market Conduct endorsed by AFI network members Outcome Relevant international frameworks (standards, principles, etc.) are better harmonized CEMC WG members recognized as leaders in consumer empowerment and market conduct Developed evidence based policymaker’s guidelines in four priority areas Produced report on country experiences Improved capacity of CEMCWG members to assess and analyze solutions and mechanisms for consumer protection and market conduct Outputs Identified and documented cost-effective tools that deliver information and enable redress for the poorest segment of the population Increased awareness among other policymakers and international stakeholders about CEMCWG lessons and solutions Develop and complete stocktaking survey Conduct Knowledge Exchange visits between CEMC WG members Undertake diagnostic study on selected CEMC WG members countries Activities CEMCWG members present experiences and lessons learned in selected external forums Hold peer learning workshop on diagnostic tools and methodologies, and policy solutions, with strategic partners Peer reviews of draft policies and regulations Transparency and disclosure MARKET CONDUCT 4 priority Sales and marketing practices areas Avenues for help and redress CONSUMER EMPOWERMENT Financial education
  • 83. Transparency and disclosures subgroup’s log-frame Developed evidence based policymaker’s guidelines in the area of transparency, with focus on cost-effective access to disclosed information (e.g. re: channels, standard contract for basic products, code of conducts, comparable information of basic products) Outputs Produced report on transparency based on the results of the stocktaking survey Identified and documented cost-effective tools that deliver information, also for the poorest segment of the population Analyze transparency section of the stocktaking survey Activities Identify common challenges and good practices Undertake diagnostic study on selected CEMC WG members countries Superintendencia de Guatemala Superintendencia de Peru (coordinator) Members BCEAO People’s Bank of China Central Bank of Uganda
  • 84. Sales and marketing practices subgroup’s log-frame Developed evidence based policymaker’s guidelines in the area of sales and marketing practices Produced report on sales and marketing practices based on the results of the stocktaking Outputs survey Identified and documented cost-effective tools that deliver information, protect, and empower consumers, also for the poorest segment of the population Analyze sales and marketing practices section of the stocktaking survey Activities Identify common challenges and good practices Undertake diagnostic study on selected CEMC WG members countries Central Bank of Tanzania Members Palestine Monetary Authority (coordinator) Bangko Sentral ng Philippinas
  • 85. Help and redress subgroup’s log-frame Developed evidence based policymaker’s guidelines on help and redress mechanisms Produced report on avenues for help and redress mechanisms based on the results of the stocktaking survey Outputs Identified and documented cost-effective tools that protect and empower consumers providing access to cost-effective help and redress mechanisms, also for the poorest segment of the population Analyze relevant section of the stocktaking survey Activities Identify common challenges and good practices Undertake diagnostic study on selected CEMC WG members countries Central Bank of Liberia (coordinator) Members Ministry of Economic Development of Russia Ministere de Finances du Senegal
  • 86. Financial education subgroup’s log-frame Developed evidence based policymaker’s guidelines on financial education, with focus on the development of national strategies Outputs Produced report on financial education based on the results of the stocktaking survey Identified and documented cost-effective tools that deliver financial education, also for the poorest segment of the population Analyze relevant section of the stocktaking survey Activities Identify common challenges and good practices Undertake diagnostic study on selected CEMC WG members countries State Bank of Pakistan (coordinator) Banque Centrale du Congo Members CNBV Mexico Reserve Bank of Malawi National Bank of Angola
  • 87. Harmonization of guidelines subgroup’s log-frame Identified and documented problems with concurrent internationally adopted frameworks Outputs (of standards, principles, and indicators) used to assess consumer empowerment policies and market conduct regulations in AFI member countries Analyze relevant frameworks Activities Identify common challenges due to the co-existence of concurrent frameworks Provide guidance to the other 4 CEMC WG sub-groups Central Bank of Armenia (coordinator) Central Bank of Thailand Members Banco Central do Paraguay Bank of Zambia

Editor's Notes

  1. Recognize the work that the coordination group has done in the past 5 months and thank Bel, Hastings, McEwen, Antoine, Habasonda, Noor (and also Saied and Joao who could not attend today’s meeting) for the input in the production of the survey, the charter, and other documents, and the design of today’s meeting agenda.
  2. 11 new membersAbsent: Joao (Brazil), Pungki (Indonesia), Sharon (Malaysia), (Guinee), Jan (NCR), Matu (CBK)Welcome new members:Ms Laura Monteiro from the BancoNacional de AngolaMs Shaohua Zhang from the People’s Bank of ChinaMs Betsy Garcia Rivas from the Superintendencia de GuatemalaMrBenigno Lopez from the Banco Central del ParaguayMs MillaGuillen from the Superintendencia de PeruMonsieur HadjiBiraneDiop du Ministere de l’Eco et des Fianances du Senegal
  3. Recognize the work that the coordination group has done in the past 5 months and thank Bel, Hastings, McEwen, Antoine, Habasonda, Noor (and also Saied and Joao who could not attend today’s meeting) for the input in the production of the survey, the charter, and other documents, and the design of today’s meeting agenda.
  4. Recognize the work that the coordination group has done in the past 5 months and thank Bel, Hastings, McEwen, Antoine, Habasonda, Noor (and also Saied and Joao who could not attend today’s meeting) for the input in the production of the survey, the charter, and other documents, and the design of today’s meeting agenda.
  5. The findings of the survey will help CEMC Working Group members to: a) develop policy and regulation at the national level, b) identify common practices and challenges within the working group, c) narrow and refine the work priorities; and d) reach agreement on expected outputs.
  6. CONSTITUTION regional relevance: Uganda and Zambia; Senegal; Mexico, Peru, Paraguay and Guatemala
  7. “Other” has to be cleaned. Often repeating what is in previous answers.
  8. Investigate more the interaction between access and protection, quality of access/protection and inclusion, and literacy and access.Interesting to see results of survey on literacy later, also, to be definitely considered in the follow up. In part differs from felt priority in the first meeting, when transparency rated 1st.
  9. Slide 15 (“If market conduct standards are in place (either through legislation or regulations),which products/services are covered?”) – not a comment on the slide; but I am very surprised by some of the high percentages. It might be helpful to try to tease out (if time permits) respondents' understanding of “market conduct standards “ - and the sorts of standards which are in place.
  10. I suspect Q11 response is misleading. Maybe it indicates that in 53% of cases there are some agency with dedicated consumer protection staff, including general / non-financial consumer protection agencies.
  11. [The codes of conduct in 15 and 16 probably refer mostly to banking codes of conduct? How specific are these on consumer protection issues? 16A seems to indicate that the codes mostly deal only with generic issues, and not with specific consumer protection issues. A regional disaggregation of the responses would be interesting.]80% of countries have some kind of self-regulatory body. This probably refers mostly to bankers’ associations. [18]
  12. How specific are these on consumer protection issues?
  13. [20, 21, 21A, 23-2]. (also have a look at 27; This graph seems to expand on this issue, but mine is not clear enough to interpret)
  14. Slide 40 (“23-2: What information is required to be disclosed to the client?Credit products”): I am sceptical about the accuracy of some of the responses – eg it appears that several countries mandate the disclosure of more than one of APR, EIR and TCC; and more than 50% say that they mandate the disclosure of cooling-off period, when slide 29 (“16A: What areas are covered?”) suggests that no Code contains provisions on cooling-off.
  15. Very few countries prescribe the that the cost of money transfers must be disclosed in advertising, brochures or similar material. Disclosure is mostly limited to material provided at the branch or point of sale. [23-3, 23-4]. Greater focus on disclosure of money transfer cost in promotional material and cost may have significant benefit in increasing the level of competition.
  16. [25, 25A]. (I wonder what the ‘other’ in 25A stands for?).
  17. As [26, 26A]
  18. The prioritisation graph [31] seems to indicate that most countries do not yet have specific plans in place to address weaknesses in transparency and disclosure (31 - could also be interpreted differently?)
  19. [33A, 33B]
  20. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  21. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  22. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  23. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  24. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  25. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  26. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  27. Only a minority of countries have any specific limitations on unfair contract terms. This may be an area where significant improvement is possible. [34].Verify difference between civil law v common law jurisdictions. Likely the latter does not have this type if regulation. Also, Colombia’s regulators specified the abusive clauses in August 2011
  28. Agenda setting and operazionalizationPresentation of proposed log-frameDiscussion of the CEMC WG expected outcomes and outputsCreation of subgroupsSub-groups discussionsCoffee breakNext stepsFinalization of log-frameFinalization of work plan (division of labor between subgroups, participation in relevant events, etc.)Agenda and logistic for the next meeting
  29. GovernancePresentation of CEMC WG sessions at 2011 AFI GPFRelevance of the sessions and role of CEMC WG membersLunchAgenda setting and operazionalizationPresentation of proposed log-frameDiscussion of the CEMC WG expected outcomes and outputsCreation of subgroupsSub-groups discussionsCoffee breakNext stepsFinalization of log-frameFinalization of work plan (division of labor between subgroups, participation in relevant events, etc.)Agenda and logistic for the next meeting