Banks Act, 1990 (Act No. 94 of 1990)RegulationsRegulations relating to BanksChapter II : Financial, Risk-based and other related Returns and Instructions, Directives and Interpretations relating to the completion thereof33. Operational risk: six-monthly returnDirectives and interpretations for completion of six-monthly return concerning operational risk (Form BA 400)Subregulation (9) Advanced measurement approachSubregulation (9)(d) Qualifying criteriaSubregulation (9)(d)(iv) Loss event types |
Category relating to event type (Level 1) |
Definition |
Category relating to activity (Level 2) |
Examples of activities include: (Level 3) |
Internal fraud |
Losses due to acts of a type intended to defraud, misappropriate property or circumvent regulations, the law or company policy, excluding diversity/ discrimination events, which acts involve at least one internal party |
Unauthorized activity |
Transactions intentionally not reported Unauthorized transaction with monetary loss Intentional misrepresentation of position |
Theft and fraud |
Fraud / credit fraud / worthless deposits Theft / extortion / embezzlement / robbery Misappropriation of assets Malicious destruction of assets Forgery Cheque kiting Smuggling Account take-over / impersonation / etc. Tax non-compliance / wilful evasion Bribes / kickbacks Insider trading (not on bank/ firm's account) |
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External fraud |
Losses due to acts of a type intended to defraud, misappropriate property or circumvent the law, by a third party |
Theft and fraud |
Theft/ robbery Forgery Cheque kiting |
Systems security |
Hacking damage Theft of information with monetary loss |
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Employment practices and workplace safety |
Losses arising from acts inconsistent with employment, health or safety laws or agreements, from payment of personal injury claims, or from diversity / discrimination events |
Employee relations |
Compensation, benefit, termination issues Organised labour activity |
Safe environment |
General liability such as slip and fall Employee health & safety rules events Workers compensation |
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Diversity and discrimination |
All discrimination types |
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Clients, products and business practices |
Losses arising from an unintentional or negligent failure to meet a professional obligation to specific clients (including fiduciary and suitability requirements), or from the nature or design of a product. |
Suitability, disclosure and fiduciary |
Fiduciary breaches / guideline violations Suitability / disclosure issues (KYC, etc.) Retail customer disclosure violations Breach of privacy Aggressive sales Account churning Abuse of confidential information Lender liability |
Improper business or market practices |
Antitrust Improper trade / market practices Market manipulation Insider trading (on bank/ firm's account) Unlicensed activity Money laundering |
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Product flaws |
Product defects (unauthorized, etc.) Model errors |
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Selection, sponsorship and exposure |
Failure to investigate client per guidelines Exceeding client exposure limits |
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Advisory activities |
Disputes over performance of advisory activities |
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Damage to physical assets |
Losses arising from loss or damage to physical assets from natural disaster or other events. |
Disasters and other events |
Natural disaster losses Human losses from external sources (terrorism, vandalism) |
Business disruption and system failures |
Losses arising from disruption of business or system failures |
Systems |
Hardware Software Telecommunications Utility outage / disruptions |
Execution, delivery and process management |
Losses from failed transaction processing or process management, from relations with trade counterparties and vendors |
Transaction capture, execution and maintenance |
Miscommunication Data entry, maintenance or loading error Missed deadline or responsibility Model / system failure Accounting error / entity attribution error Other task malfunctioning Delivery failure Collateral management failure Reference data maintenance |
Monitoring and reporting |
Failed mandatory reporting obligation Inaccurate external report (loss incurred) |
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Customer intake and documentation |
Client permissions / disclaimers missing Legal documents missing / incomplete |
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Customer / client account management |
Unapproved access given to accounts Incorrect client records (loss incurred) Negligent loss or damage of client assets |
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Trade counterparties |
Non-client counterparty misperformance Misc. non-client counterparty disputes |
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Vendors and suppliers |
Outsourcing Vendor disputes |