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The Foreign Account Tax Compliance Act (FATCA)
Evaluative Case Studies on
FATCA Implementation and
Compliance Software
SESSION 8
Training Programme
FATCA for LATAM Firms
23-24 February 2015 (Panama City), 25-26 February 2015 (Santo Domingo)
Rodrigo Zepeda
Independent Consultant
Section 1:
IRS Software Registration Portal
Section 2:
Thomson Reuters FATCA Software
Section 3:
Capgemini FATCA Software
Section 4:
IBM FATCA Software
Section 5:
Newgen FATCA Software
A Review of Existing FATCA Software Applications
3
No. Software Application(s) Abbrev. Provider Abbrev.
1 FATCA Registration System IRS FRS U.S. Internal Revenue Service IRS
2 Thomson Reuters FATCA Compliance Solution TRFCS Thomson Reuters TR
3 PEGA 7 Platform PEGA 7
Capgemini, Pegasystems & DLA Piper
CPD
4 IBM Operational Decision Management and
Business Process Management
ODM & BPM IBM IBM
5 FATCA Compliance Software Solutions NFCS Newgen Software Newgen
2
IRS FATCA Software
Registration Portal
SECTION 1
4
5
IRS FATCA Registration System: Features
2
IRS FATCA Registration System website (IRS FRS) is a web-based application containing the following features:
• Allows 24-hour-a-day, seven-days-a-week accessibility.
• Allows FIs users to establish an online account, including the ability to establish an access code and challenge questions.
• Ensures security for all data provided on behalf of FIs.
• Establishes a streamlined environment for FIs to register in one place.
• Provides FIs with tools to oversee member and/or branch information.
• Displays a customised home page for FIs to manage their accounts.
• Allows FIs to appoint delegates (Points of Contact) (POC) to perform registration tasks.
• Generates automatic notifications when a FI status changes (email notification to check FATCA account).
• Issues the Global Intermediary Identification Number (GIIN).
Under FATCA Withholding Agents (WAs) must withhold tax on certain payments to Foreign Financial Institutions (FFIs) that do not agree to report certain information to the IRS
about their U.S. accounts, including the accounts of certain foreign entities with substantial U.S. owners. A FFI may agree to report certain information about its account holders by
registering to be FATCA compliant. The FATCA Registration system is a secure, web-based system that Financial Institutions (FIs) may use to register completely online as a
Participating Foreign Financial Institution (P-FFI), a Registered Deemed-Compliant FFI (RDC-FFI), a Limited FFI (Limited FFI), or a Sponsoring Entity.
FATCA Registration can be accomplished most efficiently and effectively through the online registration process that will avoid the need to print, complete, and mail paper forms.
This one-stop, electronic registration website presents a short set of questions about the registering FI its branches and Expanded Affiliated Group (EAG) Members. The registration
system can be accessed via www.irs.gov/fatca-registration. IRS Form 8957 instructions provide details about what information FIs require to register online. Paper registration forms
will experience slower processing times and registrants will not receive a GIIN needed to demonstrate FATCA compliance until processing of their paper form is completed.
6
IRS FRS: FI Registration Process
1
7
IRS FRS: FI Registration Process
1
Overview of the IRS FRS registration process
• (1) Responsible Officer (RO); (2) Point of Contact (POC) (up to 5); (3) AuthorizedThird Party (ATP).
• Positive verification of Identity by the IRS for FFI Agreement signatories, i.e. electronic (social security number
(SSN), individual taxpayer identification number (ITIN)), paper (Form 8956).
• POCs are only authorised to receive confidential tax information by the RO, they cannot sign the FFIAgreement.
• ATP is individual authorised by RO for registration and communications duties, e.g. signing the FFIAgreement.
• IRS FRS allows FIs to register as: (1) P-FFI; (2) RDC-FFI; (3) Limited FFI; or (4) a Sponsoring Entity.
• Details required for IRS FRS registration include mailing and physical address of FFI; date and country of
incorporation or organisation; FFI’s country of residence (tax purposes); list of all registering members of Lead FFI’s
EAG; RO and POC details such as name, title, address, telephone, email.
• Registration is required for Model 1 Reporting FFIs, Model 2 Reporting FFIs, and RDC-FFIs in order to obtain a GIIN
and to authorise one or more POCs to receive information relating to FATCA registration on behalf of the FI.
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IRS FATCA Portal: Web Links for IRS Videos
1
Creating a FATCA account for online registration
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=iIWVrk19QpA
Logging into a FATCA Account
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=UOC7jyY3CaQ
Recovering a FATCA ID or resetting a FATCA AccessCode
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=sDC3ne2-GUQ
Registration SystemCommon Features and Navigation
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=FEzSagUGte0
FATCA Registration Part 1 - How to Enter Financial Institution Information
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=97zXulSTA8Y
FATCA Registration Part 2 – Lead Financial Institution Enters Member Information
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=u2QU4RD2ZwA
FATCA Registration Part 3 - Lead Financial Institution: How to Enter QI /WP / WT Renewal Information
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=s6FOg-eC5EE
Lead Financial Institution: How to Manage Member Information
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=QAQQab4nnaU
Financial Institutions:Your Homepage Information and Options
http://apps.irs.gov/app/scripts/exit.jsp?dest=https://www.youtube.com/watch?v=yxTnSyi277w
FATCA Registration Part 4: How to Submit Registration
http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=E-tVHFZWrrU
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IRS FATCA Portal: Outline
5
Thomson Reuters FATCA
Software
SECTION 2
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Thomson Reuters: Company Offering
2
Thomson Reuters Overview
FATCA will have a significant impact on the compliance processes for thousands of organizations around the world, both financial
and non-financial. It will transform the global tax framework and preparation because FATCA may become complex and arduous.
TR offer a full service solution for FATCA compliance that can be tailored to fit any size of organisation,
wherever it is located and whatever the compliance challenges are. The TR for FATCA Compliance Solution
(TRFCS) brings together market-leading products widely used by organisations around the world that
span all obligations required by the new law including due diligence, withholding, customer identification,
reporting and compliance management. Users benefit from our many years of experience and compliance
expertise so they can be confident that the components of the RF for FATCA Compliance Solution are tried
and tested and used daily by thousands of organisations.
TR states that it is the world’s leading source of intelligent information for businesses and professionals. TR combine industry
expertise with innovative technology to deliver critical information to leading decision makers in the financial and risk, legal, tax and
accounting, intellectual property and science and media markets, powered by the world's most trusted news organisation. TR offers
an integrated, modular solution – a convenient market leading software with intelligence databases and reporting capabilities.
Thomson Reuters: Company Offering
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TR FATCA Compliance Solution (TRFCS)
The FATCA solution is comprised of the following components:
• ON-BOARDING
• GRANDFATHERED OBLIGATIONS
• WITHHOLDING & REPORTING
• KNOWLEDGE & LEARNING
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Thomson Reuters: Company Offering
4
On-Boarding
TR Solution
• Facilitates rules-based FATCA client classification and identification as
part of the on-boarding process.
• Tracks changes of circumstance to keep client profiles up to date.
• Manages complex income beneficiary hierarchies and pass-through
structures.
• Tests for U.S. Indicia with a rule and data engine that analyzes customer
data and combines market leading information and complex matching
rules to identify a U.S. connection.
• Collects W-8, W-9 and self-certification forms through an online tax
documentation solution which gives a faster and more streamlined process
for obtaining, updating and reporting tax and self-certification forms.
Identify, Classify and Certify
Robust customer identification is not unique to FATCA, but a key element is
the gathering and maintaining of up-to-date documentation to support the
provisions in the identification of customers’ U.S. or non-U.S. status. A
software upgrade may be necessary for FFIs to support the level of
classification and documentation handling needed for FATCA compliance.
Grandfathered obligations
TR FATCA Grandfathered Obligations (FATCA GO) solution:
• Combines market-leading content already widely used by organisations.
• Gives access to a full securities report identifying which securities are
eligible for exemption and which are grandfathered.
• Provides a 3600 view, eliminating the need to create a development
program to identify GO flags.
• Filters over 3 million active records to determine which securities are
grandfathered.
• Reports include: (1) reference data (GO and legal entity classification
security IDs (CUSIP, ISIN)); (2) FDAP Flag (Y/N); (3) Grandfathered Flag (Y/N);
and (4) FATCA Audit Field (attributes used for GO determination needed for
reconciliation).
• Powered by TR DataScope Suite.
TRDataScope Suite is a strategic data delivery platform for non-streaming
content globally is a full cross-asset offering with intelligently linked data for
all. TR DataScope content includes reference data, corporate actions, legal
entity data, end-of-day and intraday pricing, and evaluated pricing services.
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Thomson Reuters: Company Offering
2
Reporting
The TR FATCA Reporting Module offers complete data
collation, validation and submission for FATCA and IGA
reporting as well as Management Information reporting,
validation management and a full audit history.
The TR Reporting Module automates the creation and filing
of reports based on the specifications dictated by each IGA
country and the IRS (including electronic submission).
The tax information reporting landscape has changed substantially
over the past two years and is set to become even more complex in the
future. In order for FIs to deliver against regulatory requirements, a
robust reporting system is required. Reporting requirements and
electronic schemas and formats will differ between countries, making
the mechanics of formatting and filing data an onerous task. Data
management and processing will be a key issue as companies rise to
the challenge of managing different data transmission processes in
multiple jurisdictions.
Knowledge and e-Learning
TR Online Knowledge solutions track relevant regulatory
changes from national tax bodies, streamlining tax research
and providing expert analysis. Breaking news alerts analyze the
impact on your organization’s risk exposure.
TR eLearning solutions supports enterprise-wide FATCA
education as well as specific jurisdictional and departmental
programs. It drives active learning, retention, understanding
and adoption, to ensure compliance at every level.
FFIs will need a governance system that provides for long-term
sustainability. Data quality and integrity is crucial. It is necessary to
know which clients are U.S. persons, to ensure they sign a waiver to
share customer information with the IRS. Processes will need to be put
in place to ensure that only information about U.S. persons is provided
upon request and that data protection laws are not broken.
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Thomson Reuters: Company Offering
2
Electronic W-8 andW-9 Forms
• Gathering IRS Forms W-8 and W-9 can be an onerous
and time-consuming burden for organisations, which is
prone to inaccuracies and intrusive for clients.
• Thomson Reuters Identity (TRI) simplifies and
accelerates the tax documentation process, by facilitating
the collection, validation and maintenance of all Forms W-
8 andW-9 online.
• TRI can also be used to gather forms designed
specifically for an individual client or industry grouping and
other self-certifications that may be agreed by individual
governments or the OECD.
• The IRS Memorandum of Understanding (MOU)
process certifies the IRS’s recognition of the robustness of
an organisation’s W-8 and W-9 process. Thomson Reuters
has been helping clients gain MOUs since 2009 and TRI is
designed to facilitate this process.
16
Thomson Reuters: Company Offering
5
Thomson Reuters: Evaluation
Advantages
• A single point of reporting management for FATCA,
IGAs and Common Reporting Standard (CRS) reports,
to ensure consistent processes and management
control.
• A robust system with an inbuilt and comprehensive
audit trail, giving senior management and the tax
authorities’ confidence that the reporting process is
consistent and accurate.
• Fully managed and maintained content including
regular updates for schema, validation and rule
changes as they are introduced
• Flexible approach to source data means that
information can be uploaded from multiple sources in
many different formats, reducing the need for complex
internal IT re-work
• In-built validations and look-ups ensures that data
complies both with schema requirements and other
business rules and exception management
Disadavantages
• Customer sales support would not currently seem to be
effective.
• TR are relatively new to the market, and may not have
the long-term experience of other technology providers
such as IBM.
• Customer IT, technology, and helpline support is
untested.
• Many different FATCA modules on offer may mean that
institutions may have either difficulty integrating all of
them with existing systems, or may be costly to
implement all of them.
• TR solutions are orientated towards large financial
markets such as the UK and the US, so likely to
currently have only English language operational
support, not for example, 24 hour Brazilian or Spanish
language IT or helpline support.
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3
Capgemini FATCA Software
SECTION 3
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Capgemini: Company Offering
Capgemini FATCA Product: Pega 7 Platform
• A Comprehensive FATCA Solution - Capgemini, Pegasystems & DLA Piper.
• End-to-end automated legal, technology, software facilitating global FATCA compliance.
• To create a unique, end-to-end solution for FATCA compliance, Capgemini has partnered
with DLA Piper, a premier global business law firm with more than 4,200 lawyers in over
30 countries, and Pegasystems, the recognised leader in business process management.
• Together they offer a service which aims to design, implement and assist cliens to
sustain an end-to end compliance solution that addresses business, legal and IT
requirements for FATCA.
With almost 140,000 people in over 40 countries, Capgemini is one of the world's foremost providers of consulting,
technology and outsourcing services. The Group reported 2013 global revenues of EUR 10.1 billion. Together with its clients,
Capgemini creates and delivers business and technology solutions that fit their needs and drive the results they want. A
deeply multicultural organisation, Capgemini has developed its own way of working, the Collaborative Business
ExperienceTM, and draws on Rightshore®, its worldwide delivery model.
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2
Capgemini: Company Offering
Comprehensive Pega 7 Platform offering three elements
• Legal advisory services
DLA Piper will review client businesses, products, customers and geographies and advise on FATCA due diligence
requirements, exemptions, reporting, verification and withholding requirements. Since each company has
uniquely different issues when considering FATCA compliance, and may require advice on local law conflicts with
FATCA, DLA Piper will also add customized legal advice to Pegasystem’s KnowYour Customer (KYC) solution.
• KnowYour Customer (KYC)Technology
Utilizes Pegasystems® KYC technology that includes core FATCA functionality including look-back
management and automation for pre-existing accounts; New account rules and due diligence requirements; Re-
reviews based on change of circumstances; Automated indicia rating; Ability to apply the right FATCA rule based
on product, line of business, and geography; and Straight through processing based on exemption criteria.
• Integration and configuration services
Capgemini bridges the gap between defined business and legal requirements and technology through their
unique understanding of regulatory requirements that drive financial institutions, by coordinating and
configuring client system interfaces into Pega’s KYC solution. This focuses the process of becoming FATCA
compliant through the development of a risk- based program that leverages your existing KYC data while
improving and aligning your IT and legal capabilities specifically, while building efficiency into the process.
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3
Capgemini: Company Offering
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Capgemini FATCA ProductTechnolgical Features
Proven. In enterprise-wide, transformational deployments in the world’s largest companies.
Complete. A unified platform able to deliver “end-to-end” customer experiences by integrating, automating and improving complex front- and
back-office business operations.
Fast. 6.4x faster than Java Enterprise Edition to build robust business applications (Capgemini independent study).
Scalable. Build applications that meet the diverse needs of multiple business units, channels, products, geographies and customer segments.
Directly Capture Objectives™. Visual tools enable business-IT collaboration to deliver faster and more accurate applications.
Situational Layer Cake™. Pega 7 makes it dramatically easier to re-use common policies and procedures and apply them in multiple business
units, channels, geographies and customer segments.
Omni-channel UX™. Pega 7 delivers an elegant and intuitive user interface that works across all channels, e.g. existing websites and mobile apps.
Case Lifecycle Management™. By organizing work by goals, stages, and steps instead of processes and transactions, Pega 7 manages the full
scope of work in a way that everyone can easily understand.
Next Best Action. Leverage big data, historical data and event streams to optimize the customer experience. Deliver the right action, offer or
information in real time across all channels.
Capgemini: Company Offering
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2
Processes
Outsourced Compliance Department Support
Effectively mitigate compliance risk by leveraging a unified process that provides scalability and sustainability. Capgemini can provide compliance support near-shore or
offshore using our Rightshore® model which puts the right people with the right skills in the right place.
System Implementation and Integration
FIs must integrate legacy IT corporate information factory and customer data and banking systems to normalize data and create a multi-use centralised data repository.
Capgemini can help plan and execute upgrades from first generation systems.
IndependentVerification andValidation
Regulators are increasingly questioning whether FIs are conducting due diligence on implemented compliance solutions and whether the rationality in the decision
process is adequately documented.Capgemini can help validate and document your risk solutions by performing verifications such as process reviews or mapping.
Change Management Control Process
Capgemini can review and develop change management policies and procedures and compliance program maintenance processes using industry best practices.
Analytics
Data analytics and metrics generated from KYC processes can be tuned through efficiency exercises and business intelligence efforts to support the compliance function.
Remediation
For regulatory and non-regulatory driven remediation, Capgemini can help you gather, review and provide quality control for KYC related information over a defined
timeframe to ensure compliance with regulatory requirements and quality of data.
Capgemini: Company Offering
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2
Capgemini: Company Offering
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3
Advantages
• FATCA solution can be specifically tailored for a particular
jurisdiction.
• Due diligence, legal, business process and other
requirements are specifically taken into account.
• Developing a Business Application is 6.4 Times Faster in
Pega 7.
• Pega Enables Quick Creation of Branded Portals and User
Interface.
• PowerfulCase Lifecycle Management.
• PredictiveAnalytics.
• Mobile Implementation.
• Pega Cloud and Pega Live Data.
• Pega Adapted to Changes 8Times Faster.
Disadvantages
• Capgemini FATCA solution is relatively new, so it has
not been tested commercially over a long period of
time.
• The Capgemini FATCA solution may be more expensive
because it may rely on seeking specialist legal advice
from operational lawyers as well as domestic lawyers.
• The new Capgemini FATCA solution may mean that
there may be unexpected roll-out problems and delays,
which may affect implementation lead-times and
deadlines.
• The availability and quality of IT, technology, and
helpdesk support is not generally known.
• Although Capgemini has offices in Argentina, Brazil,
Chile, Guatemala, and Mexico, there may be no direct
local support available in other Latin American
countries such as Bolivia, Colombia, Costa Rica,
Dominican Republic, Panama, Paraguay, or Peru.
25
Capgemini: Evaluation
4
IBM FATCA Software
SECTION 4
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IBM: Company Offering
27
2
How IBM can help you prepare for and manage FATCA
• IBM helps FIs analyse FATCA requirements, design and build your FATCA implementation, and integrate it into your IT landscape.
• FIs can quickly start the business analysis needed to define the right work streams, start the project and move to implementation and
reporting.
• IBM can streamline the implementation of a first prototype for client screening, allowing FIs to carry out impact analysis of processes and
products, shareholding structure, value chain and partners, as well as IT architecture and interfaces.
• The Business Rules capabilities within IBM Operational Decision Management will be used to categorise clients and automate decisions
while IBM Business Process Manager (i.e., Business Process Management (BPM)) will ensure efficient FATCA processes.
The value of a rule-based technology solution for FATCA and beyond
• Business Rule Management (BRM) can efficiently screen all of the attributes related to clients, accounts and transactions, and generate
automatic reports.
• BRM allows FIs to make policy and decision changes quickly and safely, with transparency and unquestionable auditability.
• BRM and BPM can help FIs turn FATCA into a business opportunity.
• Due diligence will lead to much better understanding of your clients, resulting in more relevant product and services offerings.
• BRM allows FIs to balance the cost of FATCA due diligence with better client relationship management in day-to-day operations (e.g., using
Business Rules, you can decide who gets a letter and who needs to be contacted directly, with the potential to apply automated decision
making and support to other business requirements beyond FATCA).
IBM: Company Offering
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2
IBM: Company Offering
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2
IBM: Company Offering
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2
IBM Operational Decision Management and BPM
Ability to cope with a business logic that is:
▪ Complex.
▪ Ambiguous.
▪ Ever changing.
▪ Need transparency and agility.
Able to apply FATCA procedures:
▪ Upgrade the existing processes.
▪ Huge impact on workload.
▪ Specific due diligence procedures.
▪ Need to automate complex decisions.
Keep a good relationship with your client:
▪ Negative presumption, investigation.
▪ Reporting to the IRS.
▪ Withholding.
Integrate your IT landscape:
▪ Integrate into existing applications, e.g. account opening, payments.
▪ Need for a service oriented approach.
IBM: Company Offering
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2
IBM: Company Offering
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1
IBM: Company Offering
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1
IBM: Company Offering
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4.5
Advantages
• Unparalleled expertise and investment.
• Expert consulting and implementation services
for fast realisation of business value.
• Industry expertise to customize solutions for
your specific industry.
• Extensive customer base so can offer longevity
and hands on experience.
• Number 1 in Business Rule Management
Systems and BPM market share according to all
leading analysts.
• Strongest Ecosystem and Partner Network
• 800+ Business Partners authorized and certified
to support customers
• Strongest global ecosystem including major
global and regional system integrators skilled to
provide comprehensive solutions
Disadvantages
• Very large up-front investment for a specific
FATCA compliance solution.
• Likely significant maintenance and future
upgrade costs.
• Possibility of complex system integration
involving significant business analysis and
business process analysis.
• May be more suited for larger Tier 1 and Tier 2
banks, and less for smaller FIs such as small
hedge funds or small depositary institutions.
• If implemented across multiple jurisdictions may
result in significantly longer lead and
implementation times.
35
IBM: Evaluation
2
Newgen FATCA Software
SECTION 5
36
Newgen: Company Offering
Newgen Overview
• Software Products in Business Process Management (BPM).
• Enterprise Content Management (ECM).
• Customer Communication Management (CCM).
• 800+ ECM/BPM installations in 40 countries acrossVerticals.
• Over 150+ customer’s in banking, financial services, insurance.
• Over 100+ mission-critical processes deployments.
• Credited with some of the world’s largest implementations.
• Innovative culture, Consistent R&D investments, 35 patents.
• Certified for ISO 9001:2008, ISO 27001:2005 and CMMI Level3.
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2
Newgen’s FATCA Compliance Software (NFCS)
• Newgen aims to help organisations to gain FATCA
compliance through a thought leadership approach.
• Newgen offers integrated FATCA compliance software for
FFIs and USFIs and concerned government agencies such as
tax authorities.
• NFCS helps FFIs create a step-by-step approach for a
comprehensive compliance strategy.
• NFCS leverages Newgen’s two decades of domain
expertise in banking and compliance along with its market
leading BPM, ECM and CCM applications.
• NFCS makes astute use of Newgen’s Case Management
capabilities alongside leveraging its business transformation
platforms, e.g. handling RAHs and maintaining scenario by
scenario compliance adherence.
Newgen: Company Offering
38
1
Newgen: Company Offering
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2
Newgen FATCA Solution Suite for FFIs
Initiation: Integration of FATCA Solution to existing legacy system and
amalgamation of information from new KYC Processes and pre-existing
accounts. Customer information prepared for Identification and
Classification.
Classification: The aggregated data is subject to identification for US
indicia checks to confirm U.S. or non-U.S. status.
Remediation: Workflow anchored case management process to ease
complex functions such as follow-up on accounts with missing or
incomplete information. Ensure escalations or alerts if account holder is
recalcitrant or excepted.
Reporting: Helps creating and reporting information on U.S. accounts,
account holders income, and other relevant reports demanded by IRS
for FATCA purposes. Also enables operational and investigative
transactional reporting for FATCA lifecycle management.
Decisioning: The solution helps with audit and document management,
enabling recording and maintenance; reporting of account history for
suspect (or remediation) and recalcitrant customers. Enabling faster
resolutions and withholding. Helps maintain case by case records for
future references demanded by IRS.
Newgen: Company Offering
40
2
Indicia Classification Rule Engine: Electronic W-8 and W-9 Questionnaires and Digital Forms, IRS Instruction Integration, GIIN validation.
Case Management, ExceptionWorkflow and Reconciliation: To collate information on existing accounts to identify FATCA suspects.
Compliance Reporting : Forms 1042-S and 8966 as required under IGA, Internal Dashboards, auditing capabilities.
Multi-Channel Capture Tool for data, documents & form collection: Leveraging best-in-class document scanning and mobile capture features for
any-time-any-where any point collection of FATCA information.
Electronic W-8/W-9 Questionnaires: Hosted on online portals for FATCA customer status self-certification. Questionnaires can help determine FATCA
status as well as helping customers fill out W-8 and W-9 forms (e.g. GIIN validation, Substantial Presence test).
DigitalW-8/W-9 Forms: Forms for Relationship Managers to capture and reconcilliate data provided by customers in physical and scanned forms.
NFCS
NFCS for USFI’s is an integrated
yet modular solution to help FIs
address the challenges associated
with increased regulatory
compliance measures.
Newgen: Company Offering
41
1
NFCS for Government andTax Authorities
NFCS for Government embodies extensive guidelines for all foreign governments and tax bodies to report
the financial information of U.S. persons dealing with locally operating financial institutions. This
information needs to be provided in the pre-defined Data Exchange Formats released by the IRS.
Government agencies (e.g. tax authorities, central banks) must ensure a well-defined system of aggregating
data, filtering and sending to the IRS. They will require an automated operating environment built on
advanced technology platform that provides a seamless reporting interface for all FIs and a robust data
exchange framework with the IRS.
NFCS for Government Agencies
NFCS creates an integrated system across all reporting touch points using organically developed tools (e.g.
FATCA Identification, Classification and Reporting Engines; Business Rules Engine; Business Activity
Monitoring and Integration adapters). NFCS is a highly configurable and agile solution framework which
allows FIs to adapt according to the dynamically evolving FATCA mandates. Newgen is industry recognised,
and boasts an award winning delivery model and inherent domain expertise.
Newgen: Company Offering
42
2
NFCS for Government Key Benefits
• Comprehensive end-to-end solution for FATCA
reporting and compliance.
• Agile and flexible solution platform to adapt to any
changes in FATCA.
• Validations and Data verification capabilities.
• Future ready solution for OECD’s Common
Reporting Standard (CRS) and other regulations.
• Complete visibility and monitoring of all data
exchange.
• Domain Expertise from leading FATCA Solution
provider with vast experience in FATCA
implementation.
• Comprehensive security framework for adherence
to IRS’s strict security and encryption standards.
• Solution available in multiple languages.
Newgen: Company Offering
43
1
Advantages
• Two decades of domain expertise in banking and
compliance along with market leading BPM
applications.
• Established and dedicated FATCA Centre of
Excellence.
• Differentiated FATCA compliance software for
FFIs, USFIs and concerned government
agencies.
• End-to-end Data Management.
• Extensive Reporting and Audit Capabilities.
• Error and Exception Management.
• Seamless Change Management.
• Robust Security.
Disadvantages
• NFCS is a relatively new solution for FATCA
compliance and has not been subjected to
extensive and longitudinal testing.
• Newgen is a comparatively new entrant to the
compliance solutions market when compared to
other technology firms such as IBM.
• Standardisation and global pervasiveness of
FATCA software solutions in the future may
mean that more widely recognised compliance
software solutions become the standard market
solution instead of Newgen.
• Newgen operates from its headquarters in New
Delhi, India, and therefore may have difficulties
providing full scale IT, technology, and helpdesk
support for Spanish and Portuguese speaking
Latin American countries.
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Newgen: Evaluation
3
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Presentation Information
DECLARATION OF CONFLICTING INTERESTS
The author declares that to the best of his knowledge he has no potential conflicts of interest with respect to the research or
authorship of this presentation.
ABOUTTHE PRESENTER
Rodrigo Zepeda is an independent consultant who specialises in derivatives and financial services law, regulation, and
compliance. He holds a LLM Masters degree in International and Comparative Business Law, has been an Associate of the
Chartered Institute for Securities and Investment since 2004, and has passed the New York Bar Examination. He has also
published widely in leading industry journals such as the Capco Institute’s Journal of Financial Transformation, the Journal of
International Banking Law and Regulation, as well as e-books on derivatives law. Noted publications include “Optimizing Risk
Allocation for CCPs under the European Market Infrastructure Regulation”; “The ISDA Master Agreement 2012: A Missed
Opportunity”; “The ISDA Master Agreement: The Derivatives Risk Management Tool of the 21st Century?”; and “To EU, or not to
EU: that is the AIFMD question”.
CONTACT DETAILS
Email: rodrigo@zepeda.co.uk
LinkedIn: http://www.linkedin.com/in/rodrigozepeda
Mobile: UK + (0)7592457373
The Foreign Account Tax Compliance Act (FATCA)
Evaluative Case Studies on
FATCA Implementation and
Compliance Software
SESSION 8
Training Programme
FATCA for LATAM Firms
23-24 February 2015 (Panama City), 25-26 February 2015 (Santo Domingo)
Rodrigo Zepeda
Independent Consultant

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FATCA Software Evaluative Case Studies

  • 1. The Foreign Account Tax Compliance Act (FATCA) Evaluative Case Studies on FATCA Implementation and Compliance Software SESSION 8 Training Programme FATCA for LATAM Firms 23-24 February 2015 (Panama City), 25-26 February 2015 (Santo Domingo) Rodrigo Zepeda Independent Consultant
  • 2. Section 1: IRS Software Registration Portal Section 2: Thomson Reuters FATCA Software Section 3: Capgemini FATCA Software Section 4: IBM FATCA Software Section 5: Newgen FATCA Software
  • 3. A Review of Existing FATCA Software Applications 3 No. Software Application(s) Abbrev. Provider Abbrev. 1 FATCA Registration System IRS FRS U.S. Internal Revenue Service IRS 2 Thomson Reuters FATCA Compliance Solution TRFCS Thomson Reuters TR 3 PEGA 7 Platform PEGA 7 Capgemini, Pegasystems & DLA Piper CPD 4 IBM Operational Decision Management and Business Process Management ODM & BPM IBM IBM 5 FATCA Compliance Software Solutions NFCS Newgen Software Newgen 2
  • 4. IRS FATCA Software Registration Portal SECTION 1 4
  • 5. 5 IRS FATCA Registration System: Features 2 IRS FATCA Registration System website (IRS FRS) is a web-based application containing the following features: • Allows 24-hour-a-day, seven-days-a-week accessibility. • Allows FIs users to establish an online account, including the ability to establish an access code and challenge questions. • Ensures security for all data provided on behalf of FIs. • Establishes a streamlined environment for FIs to register in one place. • Provides FIs with tools to oversee member and/or branch information. • Displays a customised home page for FIs to manage their accounts. • Allows FIs to appoint delegates (Points of Contact) (POC) to perform registration tasks. • Generates automatic notifications when a FI status changes (email notification to check FATCA account). • Issues the Global Intermediary Identification Number (GIIN). Under FATCA Withholding Agents (WAs) must withhold tax on certain payments to Foreign Financial Institutions (FFIs) that do not agree to report certain information to the IRS about their U.S. accounts, including the accounts of certain foreign entities with substantial U.S. owners. A FFI may agree to report certain information about its account holders by registering to be FATCA compliant. The FATCA Registration system is a secure, web-based system that Financial Institutions (FIs) may use to register completely online as a Participating Foreign Financial Institution (P-FFI), a Registered Deemed-Compliant FFI (RDC-FFI), a Limited FFI (Limited FFI), or a Sponsoring Entity. FATCA Registration can be accomplished most efficiently and effectively through the online registration process that will avoid the need to print, complete, and mail paper forms. This one-stop, electronic registration website presents a short set of questions about the registering FI its branches and Expanded Affiliated Group (EAG) Members. The registration system can be accessed via www.irs.gov/fatca-registration. IRS Form 8957 instructions provide details about what information FIs require to register online. Paper registration forms will experience slower processing times and registrants will not receive a GIIN needed to demonstrate FATCA compliance until processing of their paper form is completed.
  • 6. 6 IRS FRS: FI Registration Process 1
  • 7. 7 IRS FRS: FI Registration Process 1 Overview of the IRS FRS registration process • (1) Responsible Officer (RO); (2) Point of Contact (POC) (up to 5); (3) AuthorizedThird Party (ATP). • Positive verification of Identity by the IRS for FFI Agreement signatories, i.e. electronic (social security number (SSN), individual taxpayer identification number (ITIN)), paper (Form 8956). • POCs are only authorised to receive confidential tax information by the RO, they cannot sign the FFIAgreement. • ATP is individual authorised by RO for registration and communications duties, e.g. signing the FFIAgreement. • IRS FRS allows FIs to register as: (1) P-FFI; (2) RDC-FFI; (3) Limited FFI; or (4) a Sponsoring Entity. • Details required for IRS FRS registration include mailing and physical address of FFI; date and country of incorporation or organisation; FFI’s country of residence (tax purposes); list of all registering members of Lead FFI’s EAG; RO and POC details such as name, title, address, telephone, email. • Registration is required for Model 1 Reporting FFIs, Model 2 Reporting FFIs, and RDC-FFIs in order to obtain a GIIN and to authorise one or more POCs to receive information relating to FATCA registration on behalf of the FI.
  • 8. 8 IRS FATCA Portal: Web Links for IRS Videos 1 Creating a FATCA account for online registration http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=iIWVrk19QpA Logging into a FATCA Account http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=UOC7jyY3CaQ Recovering a FATCA ID or resetting a FATCA AccessCode http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=sDC3ne2-GUQ Registration SystemCommon Features and Navigation http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=FEzSagUGte0 FATCA Registration Part 1 - How to Enter Financial Institution Information http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=97zXulSTA8Y FATCA Registration Part 2 – Lead Financial Institution Enters Member Information http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=u2QU4RD2ZwA FATCA Registration Part 3 - Lead Financial Institution: How to Enter QI /WP / WT Renewal Information http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=s6FOg-eC5EE Lead Financial Institution: How to Manage Member Information http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=QAQQab4nnaU Financial Institutions:Your Homepage Information and Options http://apps.irs.gov/app/scripts/exit.jsp?dest=https://www.youtube.com/watch?v=yxTnSyi277w FATCA Registration Part 4: How to Submit Registration http://apps.irs.gov/app/scripts/exit.jsp?dest=http://www.youtube.com/watch?v=E-tVHFZWrrU
  • 11. 11 Thomson Reuters: Company Offering 2 Thomson Reuters Overview FATCA will have a significant impact on the compliance processes for thousands of organizations around the world, both financial and non-financial. It will transform the global tax framework and preparation because FATCA may become complex and arduous. TR offer a full service solution for FATCA compliance that can be tailored to fit any size of organisation, wherever it is located and whatever the compliance challenges are. The TR for FATCA Compliance Solution (TRFCS) brings together market-leading products widely used by organisations around the world that span all obligations required by the new law including due diligence, withholding, customer identification, reporting and compliance management. Users benefit from our many years of experience and compliance expertise so they can be confident that the components of the RF for FATCA Compliance Solution are tried and tested and used daily by thousands of organisations. TR states that it is the world’s leading source of intelligent information for businesses and professionals. TR combine industry expertise with innovative technology to deliver critical information to leading decision makers in the financial and risk, legal, tax and accounting, intellectual property and science and media markets, powered by the world's most trusted news organisation. TR offers an integrated, modular solution – a convenient market leading software with intelligence databases and reporting capabilities.
  • 12. Thomson Reuters: Company Offering 12 2 TR FATCA Compliance Solution (TRFCS) The FATCA solution is comprised of the following components: • ON-BOARDING • GRANDFATHERED OBLIGATIONS • WITHHOLDING & REPORTING • KNOWLEDGE & LEARNING
  • 13. 13 Thomson Reuters: Company Offering 4 On-Boarding TR Solution • Facilitates rules-based FATCA client classification and identification as part of the on-boarding process. • Tracks changes of circumstance to keep client profiles up to date. • Manages complex income beneficiary hierarchies and pass-through structures. • Tests for U.S. Indicia with a rule and data engine that analyzes customer data and combines market leading information and complex matching rules to identify a U.S. connection. • Collects W-8, W-9 and self-certification forms through an online tax documentation solution which gives a faster and more streamlined process for obtaining, updating and reporting tax and self-certification forms. Identify, Classify and Certify Robust customer identification is not unique to FATCA, but a key element is the gathering and maintaining of up-to-date documentation to support the provisions in the identification of customers’ U.S. or non-U.S. status. A software upgrade may be necessary for FFIs to support the level of classification and documentation handling needed for FATCA compliance. Grandfathered obligations TR FATCA Grandfathered Obligations (FATCA GO) solution: • Combines market-leading content already widely used by organisations. • Gives access to a full securities report identifying which securities are eligible for exemption and which are grandfathered. • Provides a 3600 view, eliminating the need to create a development program to identify GO flags. • Filters over 3 million active records to determine which securities are grandfathered. • Reports include: (1) reference data (GO and legal entity classification security IDs (CUSIP, ISIN)); (2) FDAP Flag (Y/N); (3) Grandfathered Flag (Y/N); and (4) FATCA Audit Field (attributes used for GO determination needed for reconciliation). • Powered by TR DataScope Suite. TRDataScope Suite is a strategic data delivery platform for non-streaming content globally is a full cross-asset offering with intelligently linked data for all. TR DataScope content includes reference data, corporate actions, legal entity data, end-of-day and intraday pricing, and evaluated pricing services.
  • 14. 14 Thomson Reuters: Company Offering 2 Reporting The TR FATCA Reporting Module offers complete data collation, validation and submission for FATCA and IGA reporting as well as Management Information reporting, validation management and a full audit history. The TR Reporting Module automates the creation and filing of reports based on the specifications dictated by each IGA country and the IRS (including electronic submission). The tax information reporting landscape has changed substantially over the past two years and is set to become even more complex in the future. In order for FIs to deliver against regulatory requirements, a robust reporting system is required. Reporting requirements and electronic schemas and formats will differ between countries, making the mechanics of formatting and filing data an onerous task. Data management and processing will be a key issue as companies rise to the challenge of managing different data transmission processes in multiple jurisdictions. Knowledge and e-Learning TR Online Knowledge solutions track relevant regulatory changes from national tax bodies, streamlining tax research and providing expert analysis. Breaking news alerts analyze the impact on your organization’s risk exposure. TR eLearning solutions supports enterprise-wide FATCA education as well as specific jurisdictional and departmental programs. It drives active learning, retention, understanding and adoption, to ensure compliance at every level. FFIs will need a governance system that provides for long-term sustainability. Data quality and integrity is crucial. It is necessary to know which clients are U.S. persons, to ensure they sign a waiver to share customer information with the IRS. Processes will need to be put in place to ensure that only information about U.S. persons is provided upon request and that data protection laws are not broken.
  • 15. 15 Thomson Reuters: Company Offering 2 Electronic W-8 andW-9 Forms • Gathering IRS Forms W-8 and W-9 can be an onerous and time-consuming burden for organisations, which is prone to inaccuracies and intrusive for clients. • Thomson Reuters Identity (TRI) simplifies and accelerates the tax documentation process, by facilitating the collection, validation and maintenance of all Forms W- 8 andW-9 online. • TRI can also be used to gather forms designed specifically for an individual client or industry grouping and other self-certifications that may be agreed by individual governments or the OECD. • The IRS Memorandum of Understanding (MOU) process certifies the IRS’s recognition of the robustness of an organisation’s W-8 and W-9 process. Thomson Reuters has been helping clients gain MOUs since 2009 and TRI is designed to facilitate this process.
  • 17. Thomson Reuters: Evaluation Advantages • A single point of reporting management for FATCA, IGAs and Common Reporting Standard (CRS) reports, to ensure consistent processes and management control. • A robust system with an inbuilt and comprehensive audit trail, giving senior management and the tax authorities’ confidence that the reporting process is consistent and accurate. • Fully managed and maintained content including regular updates for schema, validation and rule changes as they are introduced • Flexible approach to source data means that information can be uploaded from multiple sources in many different formats, reducing the need for complex internal IT re-work • In-built validations and look-ups ensures that data complies both with schema requirements and other business rules and exception management Disadavantages • Customer sales support would not currently seem to be effective. • TR are relatively new to the market, and may not have the long-term experience of other technology providers such as IBM. • Customer IT, technology, and helpline support is untested. • Many different FATCA modules on offer may mean that institutions may have either difficulty integrating all of them with existing systems, or may be costly to implement all of them. • TR solutions are orientated towards large financial markets such as the UK and the US, so likely to currently have only English language operational support, not for example, 24 hour Brazilian or Spanish language IT or helpline support. 17 3
  • 19. Capgemini: Company Offering Capgemini FATCA Product: Pega 7 Platform • A Comprehensive FATCA Solution - Capgemini, Pegasystems & DLA Piper. • End-to-end automated legal, technology, software facilitating global FATCA compliance. • To create a unique, end-to-end solution for FATCA compliance, Capgemini has partnered with DLA Piper, a premier global business law firm with more than 4,200 lawyers in over 30 countries, and Pegasystems, the recognised leader in business process management. • Together they offer a service which aims to design, implement and assist cliens to sustain an end-to end compliance solution that addresses business, legal and IT requirements for FATCA. With almost 140,000 people in over 40 countries, Capgemini is one of the world's foremost providers of consulting, technology and outsourcing services. The Group reported 2013 global revenues of EUR 10.1 billion. Together with its clients, Capgemini creates and delivers business and technology solutions that fit their needs and drive the results they want. A deeply multicultural organisation, Capgemini has developed its own way of working, the Collaborative Business ExperienceTM, and draws on Rightshore®, its worldwide delivery model. 19 2
  • 20. Capgemini: Company Offering Comprehensive Pega 7 Platform offering three elements • Legal advisory services DLA Piper will review client businesses, products, customers and geographies and advise on FATCA due diligence requirements, exemptions, reporting, verification and withholding requirements. Since each company has uniquely different issues when considering FATCA compliance, and may require advice on local law conflicts with FATCA, DLA Piper will also add customized legal advice to Pegasystem’s KnowYour Customer (KYC) solution. • KnowYour Customer (KYC)Technology Utilizes Pegasystems® KYC technology that includes core FATCA functionality including look-back management and automation for pre-existing accounts; New account rules and due diligence requirements; Re- reviews based on change of circumstances; Automated indicia rating; Ability to apply the right FATCA rule based on product, line of business, and geography; and Straight through processing based on exemption criteria. • Integration and configuration services Capgemini bridges the gap between defined business and legal requirements and technology through their unique understanding of regulatory requirements that drive financial institutions, by coordinating and configuring client system interfaces into Pega’s KYC solution. This focuses the process of becoming FATCA compliant through the development of a risk- based program that leverages your existing KYC data while improving and aligning your IT and legal capabilities specifically, while building efficiency into the process. 20 3
  • 21. Capgemini: Company Offering 213 Capgemini FATCA ProductTechnolgical Features Proven. In enterprise-wide, transformational deployments in the world’s largest companies. Complete. A unified platform able to deliver “end-to-end” customer experiences by integrating, automating and improving complex front- and back-office business operations. Fast. 6.4x faster than Java Enterprise Edition to build robust business applications (Capgemini independent study). Scalable. Build applications that meet the diverse needs of multiple business units, channels, products, geographies and customer segments. Directly Capture Objectives™. Visual tools enable business-IT collaboration to deliver faster and more accurate applications. Situational Layer Cake™. Pega 7 makes it dramatically easier to re-use common policies and procedures and apply them in multiple business units, channels, geographies and customer segments. Omni-channel UX™. Pega 7 delivers an elegant and intuitive user interface that works across all channels, e.g. existing websites and mobile apps. Case Lifecycle Management™. By organizing work by goals, stages, and steps instead of processes and transactions, Pega 7 manages the full scope of work in a way that everyone can easily understand. Next Best Action. Leverage big data, historical data and event streams to optimize the customer experience. Deliver the right action, offer or information in real time across all channels.
  • 22. Capgemini: Company Offering 22 2 Processes Outsourced Compliance Department Support Effectively mitigate compliance risk by leveraging a unified process that provides scalability and sustainability. Capgemini can provide compliance support near-shore or offshore using our Rightshore® model which puts the right people with the right skills in the right place. System Implementation and Integration FIs must integrate legacy IT corporate information factory and customer data and banking systems to normalize data and create a multi-use centralised data repository. Capgemini can help plan and execute upgrades from first generation systems. IndependentVerification andValidation Regulators are increasingly questioning whether FIs are conducting due diligence on implemented compliance solutions and whether the rationality in the decision process is adequately documented.Capgemini can help validate and document your risk solutions by performing verifications such as process reviews or mapping. Change Management Control Process Capgemini can review and develop change management policies and procedures and compliance program maintenance processes using industry best practices. Analytics Data analytics and metrics generated from KYC processes can be tuned through efficiency exercises and business intelligence efforts to support the compliance function. Remediation For regulatory and non-regulatory driven remediation, Capgemini can help you gather, review and provide quality control for KYC related information over a defined timeframe to ensure compliance with regulatory requirements and quality of data.
  • 25. Advantages • FATCA solution can be specifically tailored for a particular jurisdiction. • Due diligence, legal, business process and other requirements are specifically taken into account. • Developing a Business Application is 6.4 Times Faster in Pega 7. • Pega Enables Quick Creation of Branded Portals and User Interface. • PowerfulCase Lifecycle Management. • PredictiveAnalytics. • Mobile Implementation. • Pega Cloud and Pega Live Data. • Pega Adapted to Changes 8Times Faster. Disadvantages • Capgemini FATCA solution is relatively new, so it has not been tested commercially over a long period of time. • The Capgemini FATCA solution may be more expensive because it may rely on seeking specialist legal advice from operational lawyers as well as domestic lawyers. • The new Capgemini FATCA solution may mean that there may be unexpected roll-out problems and delays, which may affect implementation lead-times and deadlines. • The availability and quality of IT, technology, and helpdesk support is not generally known. • Although Capgemini has offices in Argentina, Brazil, Chile, Guatemala, and Mexico, there may be no direct local support available in other Latin American countries such as Bolivia, Colombia, Costa Rica, Dominican Republic, Panama, Paraguay, or Peru. 25 Capgemini: Evaluation 4
  • 27. IBM: Company Offering 27 2 How IBM can help you prepare for and manage FATCA • IBM helps FIs analyse FATCA requirements, design and build your FATCA implementation, and integrate it into your IT landscape. • FIs can quickly start the business analysis needed to define the right work streams, start the project and move to implementation and reporting. • IBM can streamline the implementation of a first prototype for client screening, allowing FIs to carry out impact analysis of processes and products, shareholding structure, value chain and partners, as well as IT architecture and interfaces. • The Business Rules capabilities within IBM Operational Decision Management will be used to categorise clients and automate decisions while IBM Business Process Manager (i.e., Business Process Management (BPM)) will ensure efficient FATCA processes. The value of a rule-based technology solution for FATCA and beyond • Business Rule Management (BRM) can efficiently screen all of the attributes related to clients, accounts and transactions, and generate automatic reports. • BRM allows FIs to make policy and decision changes quickly and safely, with transparency and unquestionable auditability. • BRM and BPM can help FIs turn FATCA into a business opportunity. • Due diligence will lead to much better understanding of your clients, resulting in more relevant product and services offerings. • BRM allows FIs to balance the cost of FATCA due diligence with better client relationship management in day-to-day operations (e.g., using Business Rules, you can decide who gets a letter and who needs to be contacted directly, with the potential to apply automated decision making and support to other business requirements beyond FATCA).
  • 30. IBM: Company Offering 30 2 IBM Operational Decision Management and BPM Ability to cope with a business logic that is: ▪ Complex. ▪ Ambiguous. ▪ Ever changing. ▪ Need transparency and agility. Able to apply FATCA procedures: ▪ Upgrade the existing processes. ▪ Huge impact on workload. ▪ Specific due diligence procedures. ▪ Need to automate complex decisions. Keep a good relationship with your client: ▪ Negative presumption, investigation. ▪ Reporting to the IRS. ▪ Withholding. Integrate your IT landscape: ▪ Integrate into existing applications, e.g. account opening, payments. ▪ Need for a service oriented approach.
  • 35. Advantages • Unparalleled expertise and investment. • Expert consulting and implementation services for fast realisation of business value. • Industry expertise to customize solutions for your specific industry. • Extensive customer base so can offer longevity and hands on experience. • Number 1 in Business Rule Management Systems and BPM market share according to all leading analysts. • Strongest Ecosystem and Partner Network • 800+ Business Partners authorized and certified to support customers • Strongest global ecosystem including major global and regional system integrators skilled to provide comprehensive solutions Disadvantages • Very large up-front investment for a specific FATCA compliance solution. • Likely significant maintenance and future upgrade costs. • Possibility of complex system integration involving significant business analysis and business process analysis. • May be more suited for larger Tier 1 and Tier 2 banks, and less for smaller FIs such as small hedge funds or small depositary institutions. • If implemented across multiple jurisdictions may result in significantly longer lead and implementation times. 35 IBM: Evaluation 2
  • 37. Newgen: Company Offering Newgen Overview • Software Products in Business Process Management (BPM). • Enterprise Content Management (ECM). • Customer Communication Management (CCM). • 800+ ECM/BPM installations in 40 countries acrossVerticals. • Over 150+ customer’s in banking, financial services, insurance. • Over 100+ mission-critical processes deployments. • Credited with some of the world’s largest implementations. • Innovative culture, Consistent R&D investments, 35 patents. • Certified for ISO 9001:2008, ISO 27001:2005 and CMMI Level3. 37 2 Newgen’s FATCA Compliance Software (NFCS) • Newgen aims to help organisations to gain FATCA compliance through a thought leadership approach. • Newgen offers integrated FATCA compliance software for FFIs and USFIs and concerned government agencies such as tax authorities. • NFCS helps FFIs create a step-by-step approach for a comprehensive compliance strategy. • NFCS leverages Newgen’s two decades of domain expertise in banking and compliance along with its market leading BPM, ECM and CCM applications. • NFCS makes astute use of Newgen’s Case Management capabilities alongside leveraging its business transformation platforms, e.g. handling RAHs and maintaining scenario by scenario compliance adherence.
  • 39. Newgen: Company Offering 39 2 Newgen FATCA Solution Suite for FFIs Initiation: Integration of FATCA Solution to existing legacy system and amalgamation of information from new KYC Processes and pre-existing accounts. Customer information prepared for Identification and Classification. Classification: The aggregated data is subject to identification for US indicia checks to confirm U.S. or non-U.S. status. Remediation: Workflow anchored case management process to ease complex functions such as follow-up on accounts with missing or incomplete information. Ensure escalations or alerts if account holder is recalcitrant or excepted. Reporting: Helps creating and reporting information on U.S. accounts, account holders income, and other relevant reports demanded by IRS for FATCA purposes. Also enables operational and investigative transactional reporting for FATCA lifecycle management. Decisioning: The solution helps with audit and document management, enabling recording and maintenance; reporting of account history for suspect (or remediation) and recalcitrant customers. Enabling faster resolutions and withholding. Helps maintain case by case records for future references demanded by IRS.
  • 40. Newgen: Company Offering 40 2 Indicia Classification Rule Engine: Electronic W-8 and W-9 Questionnaires and Digital Forms, IRS Instruction Integration, GIIN validation. Case Management, ExceptionWorkflow and Reconciliation: To collate information on existing accounts to identify FATCA suspects. Compliance Reporting : Forms 1042-S and 8966 as required under IGA, Internal Dashboards, auditing capabilities. Multi-Channel Capture Tool for data, documents & form collection: Leveraging best-in-class document scanning and mobile capture features for any-time-any-where any point collection of FATCA information. Electronic W-8/W-9 Questionnaires: Hosted on online portals for FATCA customer status self-certification. Questionnaires can help determine FATCA status as well as helping customers fill out W-8 and W-9 forms (e.g. GIIN validation, Substantial Presence test). DigitalW-8/W-9 Forms: Forms for Relationship Managers to capture and reconcilliate data provided by customers in physical and scanned forms. NFCS NFCS for USFI’s is an integrated yet modular solution to help FIs address the challenges associated with increased regulatory compliance measures.
  • 41. Newgen: Company Offering 41 1 NFCS for Government andTax Authorities NFCS for Government embodies extensive guidelines for all foreign governments and tax bodies to report the financial information of U.S. persons dealing with locally operating financial institutions. This information needs to be provided in the pre-defined Data Exchange Formats released by the IRS. Government agencies (e.g. tax authorities, central banks) must ensure a well-defined system of aggregating data, filtering and sending to the IRS. They will require an automated operating environment built on advanced technology platform that provides a seamless reporting interface for all FIs and a robust data exchange framework with the IRS. NFCS for Government Agencies NFCS creates an integrated system across all reporting touch points using organically developed tools (e.g. FATCA Identification, Classification and Reporting Engines; Business Rules Engine; Business Activity Monitoring and Integration adapters). NFCS is a highly configurable and agile solution framework which allows FIs to adapt according to the dynamically evolving FATCA mandates. Newgen is industry recognised, and boasts an award winning delivery model and inherent domain expertise.
  • 42. Newgen: Company Offering 42 2 NFCS for Government Key Benefits • Comprehensive end-to-end solution for FATCA reporting and compliance. • Agile and flexible solution platform to adapt to any changes in FATCA. • Validations and Data verification capabilities. • Future ready solution for OECD’s Common Reporting Standard (CRS) and other regulations. • Complete visibility and monitoring of all data exchange. • Domain Expertise from leading FATCA Solution provider with vast experience in FATCA implementation. • Comprehensive security framework for adherence to IRS’s strict security and encryption standards. • Solution available in multiple languages.
  • 44. Advantages • Two decades of domain expertise in banking and compliance along with market leading BPM applications. • Established and dedicated FATCA Centre of Excellence. • Differentiated FATCA compliance software for FFIs, USFIs and concerned government agencies. • End-to-end Data Management. • Extensive Reporting and Audit Capabilities. • Error and Exception Management. • Seamless Change Management. • Robust Security. Disadvantages • NFCS is a relatively new solution for FATCA compliance and has not been subjected to extensive and longitudinal testing. • Newgen is a comparatively new entrant to the compliance solutions market when compared to other technology firms such as IBM. • Standardisation and global pervasiveness of FATCA software solutions in the future may mean that more widely recognised compliance software solutions become the standard market solution instead of Newgen. • Newgen operates from its headquarters in New Delhi, India, and therefore may have difficulties providing full scale IT, technology, and helpdesk support for Spanish and Portuguese speaking Latin American countries. 44 Newgen: Evaluation 3
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  • 46. 46 Presentation Information DECLARATION OF CONFLICTING INTERESTS The author declares that to the best of his knowledge he has no potential conflicts of interest with respect to the research or authorship of this presentation. ABOUTTHE PRESENTER Rodrigo Zepeda is an independent consultant who specialises in derivatives and financial services law, regulation, and compliance. He holds a LLM Masters degree in International and Comparative Business Law, has been an Associate of the Chartered Institute for Securities and Investment since 2004, and has passed the New York Bar Examination. He has also published widely in leading industry journals such as the Capco Institute’s Journal of Financial Transformation, the Journal of International Banking Law and Regulation, as well as e-books on derivatives law. Noted publications include “Optimizing Risk Allocation for CCPs under the European Market Infrastructure Regulation”; “The ISDA Master Agreement 2012: A Missed Opportunity”; “The ISDA Master Agreement: The Derivatives Risk Management Tool of the 21st Century?”; and “To EU, or not to EU: that is the AIFMD question”. CONTACT DETAILS Email: rodrigo@zepeda.co.uk LinkedIn: http://www.linkedin.com/in/rodrigozepeda Mobile: UK + (0)7592457373
  • 47. The Foreign Account Tax Compliance Act (FATCA) Evaluative Case Studies on FATCA Implementation and Compliance Software SESSION 8 Training Programme FATCA for LATAM Firms 23-24 February 2015 (Panama City), 25-26 February 2015 (Santo Domingo) Rodrigo Zepeda Independent Consultant

Editor's Notes

  1. Developing a Business Application is 6.4 Times Faster in Pega 7 Pega 7 was 6.4 times more productive than Java EE. These productivity gains were accrued because Pega 7 comes with several out-of-box features to accelerate UI (User Interface) development, create process flows, enable mobile functionality, predictive analytics, social and localization capabilities that are table stakes for today’s business applications yet require considerable coding efforts in Java EE. The biggest time savers while building the application in Pega 7 were: testing, ease of use of UI generation, implementation of business logic, process flows and mobile enablement.   Pega Enables Quick Creation of Branded Portals and User Interface Pega’s model-driven development paradigm makes UI creation fast and efficient. Model-driven development is not new to Pega but Pega 7 offers several improvements, especially to UI capabilities.   Powerful Case Lifecycle Management Pega 7’s Case Lifecycle Management makes it easy for business stakeholders to design and develop a process flow. The high-level flow is easier to use than process modeling solutions such as Microsoft Visio, and doesn’t require any coding knowledge or even knowledge of Pega’s Flow shapes or any other process flow notation. Pega 7’s process flows are defined in a business context.   Predictive Analytics Pega 7 has evolved its Predictive Analytics capability to take advantage of big data to make decision management configurable and easy to use.   Pega Pulse Social Collaboration Social collaboration is built into Pega 7 with the introduction of Pega Pulse—a powerful tool that enables social collaboration and the transfer of work from one person to another.   Mobile Implementation Creation of a mobile-friendly application was extremely easy, given Pega’s “Design Once, and Access Anywhere” paradigm. Once the developer creates the UI, it can be accessed on any device, as Pega renders the UIs dynamically.   Pega Cloud The benefits of Pega Cloud scale dramatically when the program size grows. Its elastic IT infrastructure can be used to meet an organization’s business demands while reducing the total cost of ownership.   Pega Live Data The introduction of Pega Live Data has made data management strikingly simpler in Pega 7 as data pages are now sensitive to the context in which they are used.   Pega Adapted to Changes 8 Times Faster This was because there was no need to create a new process flow, as the home insurance, appraisal, underwriter, premium summary and offer screens were circumstanced and were made immediately available for reuse. Any functionality that needed to be altered benefited from Pega’s model-driven development environment, which allowed for quick and easy customizations.