Comptroller of the Currency

1. Comptroller of the Currency Administrator of National Banks OCC Operations Update Michael D. Drury Asset Management Policy Group Office of the Comptroller of the Currency October 16, 2007

2. OCC and Asset Management Group • The OCC is responsible for ensuring that the national banking system is safe and sound. • Part of the OCC’s responsibility is to review the adequacy of each national bank’s asset management activities, including operations. • The Asset Management Policy Group located in Washington, D.C. is responsible for drafting policies and guidelines applicable to national bank asset management activities.

3. Operations Topics • Examinations • Issues • Risks • Regulations • Outsourcing and Offshoring • Handbook

4. Operations Examinations • Request Letter • Upfront Meeting • Discussions • Walkthroughs • Updates • Exit Meeting

5. AM Operations Issues • Dual Control and Separation of Duties • Reconciliation Monitoring • Corporate Actions • Manual Processes – Workarounds • System Access and Administration • Statement Processing • Tax Reclaims • Control over Pledged Collateral

6. Dual Control • Dual Control of Asset and Money Movement • Assets should be properly controlled and safeguarded at all times whether physically or electronically. • Dual control starts in administration or portfolio management. Continues through each phase of operations. • Automated vs. Manual Dual Control

7. Reconciliation Monitoring • Reconciling Item Identification • Status • Standards • Aging of Items • Trend Analysis and identification of weaknesses • Management Escalation • Solutions and changes to procedures

8. Corporate Actions • Notification • Comparing announcements to asset holdings • Notifying appropriate persons • Receiving instructions • Independent review • Execution of instructions

9. Manual Process - Workarounds • Hard copy forms • Asset and money movement • Data bases for reporting purposes • Tracking systems • Check for change of name and address

10. System Access and Administration • Inadequate system access monitoring • Weak review of employee system access for incompatible capabilities • Inadequate manager review of employee access to multiple systems and the access relationship between systems • Inappropriate retention of trust system access by employees enabling embezzlements • Lack of daily independent review of system administration activities

11. Statement Processing • Account statements at least annually • Administrative staff should not have access to statements • Independent person should mail the statement • Changes to statements should be independent • Management’s enhanced review of accounts that do not receive statements

12. Tax Reclaims • A portion of the income from foreign securities is withheld to pay taxes to the issuing country • International laws allow claims for a portion of the withholding tax that is paid on foreign-source dividends, interest, and American Depository Receipt (ADR) income • Processes to claim back the tax are time-consuming • Some banks lack appropriate processes to handle tax reclaims, especially for retirement accounts • One solution - outsourcing tax reclaim processing

13. Control over Pledged Collateral • Pledged collateral for amounts over FDIC coverage not controlled properly • Pledged collateral must be under the control of appropriate fiduciary officers or employees as required by 12 CFR 9.10(b). • Capital markets bank employees should not release pledged collateral

14. OCC Supervision By Risk • Transaction • Reputation • Strategic • Compliance • Credit

15. Transaction Risk • Inherently high • Most frequent sources of losses, litigation, and additional expenses • corporate actions • trade and processing errors • improper reconciliation controls • fraud • inadequate integration of mergers/acquisitions

16. Reputation • Preservation of the bank’s reputation cannot be overstated. • Ability of the bank to deliver services as promised • Operations manages the highly visible transaction-based part of the bank’s business • Bank’s failure to perform a contracted service • Lack of security over customer information

17. Strategic • Strategic risk may arise in operations • Bank’s ability to manage transactions • Products and services come at a price • Strategic risk in operations may be in the form of industry changes and processes that create the need for new systems to maintain a bank’s competitive position

18. Compliance • Bank’s management of transaction risk • Records and reports • Reporting examples • Penalties may be assessed for late filings, failure to file, and for inaccurate filings

19. Credit • Credit risk exists across operations • Activities that depend on counterparty, issuer, or borrower performance • Funds extended, committed, invested, or otherwise exposed through actual or implied contractual agreements

20. Regulation 12 CFR 9 • 12 CFR 9.8 • 12 CFR 9.10(b) • 12 CFR 9.13, 12 USC 92a(c)

21. Offshoring and Outsourcing Definitions Offshoring - Move function to different country Outsourcing - Move function to unaffiliated company

22. What Processes Do Banks Offshore? • Repetitive • Limited Decision Making • No Client Contact • Non-Time Sensitive • Imaged

23. What do Banks usually not Offshore? • Foreign Exchange • Voluntary Corp Actions - Domestic • Outgoing wires • Free Deliveries

24. Offshoring Benefits • Lower Wages • High Quality • Expense Reduction • Expertise • 24/7 Capabilities

25. Offshoring Successes • Hiring, Entry Level • Initial Training • Cross Training • Performance • Client Satisfaction • Work Quality • Cost Savings • Management Oversight

26. Offshoring Challenges • Hiring, Management Level • Turnover • Work Hours • Cultural Differences • Changes in responsibilities for US employees • Loss of some US employees

27. Offshoring Risk Considerations • Takeover/Merger/Spin-off Possibilities • Country Risk • IT Data Security • Understanding of Trust Concept

28. QUESTIONS?

29. Comptroller of the Currency Administrator of National Banks Michael D. Drury National Bank Examiner 913-384-6005 Michael.Drury@occ.treas.gov