Navigating Compliance Trends in 2023: What Your Organization Should Know

Thursday, March 30, 2023

Navigating Compliance Trends in 2023: What Your Organization Should Know

As we step into 2023, the compliance landscape is evolving rapidly. Staying ahead of the curve is crucial for businesses to ensure they meet their obligations. In this article, we explore three key compliance trends to keep an eye on this year:

1. ESG Programs and the Greenwashing Dilemma
Efforts to combat global warming are gaining momentum, with organizations increasingly adopting Environmental, Social, and Governance (ESG) programs. However, a significant compliance trend for 2023 revolves around the potential clash between ESG programs and the temptation to engage in "greenwashing" practices.

While carbon offsetting is a method to reduce greenhouse gas emissions, ethical concerns have arisen. These concerns encompass issues such as human rights abuses, a lack of transparency, and insufficient regulation. The offset model assumes that emissions in one part of the world will be balanced by absorption elsewhere, leading to land grabs in areas where indigenous rights are not adequately protected. Additionally, it disadvantages less affluent nations that must manage their emissions independently.

Some businesses may attempt to portray themselves as environmentally friendly or make legitimate claims about their social and corporate responsibility efforts. However, regulators are increasingly vigilant, and instances of deceptive practices are being scrutinized. Regulatory initiatives are expected to address these practices in the coming year, urging businesses to uphold genuine environmental and ethical standards.

Read more about the connection between finance industry and climate changes in article: BIS and Climate Change: Key Milestones Since the COVID-19 Pandemic

2. Stricter Enforcement of Russia Sanctions
The Ukraine crisis has spurred increased cooperation between the U.S. and UK Treasury departments, resulting in tightened sanctions and a heightened focus on sanctions compliance. In 2023, compliance teams should anticipate heftier financial penalties for violations.

Russian banks, businesses, and individuals may face fines if they attempt to circumvent sanctions, potentially exposing them to record fines. To mitigate this risk, compliance teams should consider revisiting their risk assessments and conducting gap analyses. Leveraging AI-assisted applications and orchestration can help identify and address any compliance gaps efficiently.

3. Cryptocurrency Regulatory Wave
Cryptocurrency regulations are poised to undergo significant changes globally in 2023. Notable legislative shifts are planned in the EU through the Markets in Crypto Assets (MiCA) bill and in the U.S. with the Lummis-Gillibrand bill. These changes will have far-reaching implications due to the influence of both economies.

While enforcement actions are yet to be witnessed, organizations should proactively review and adapt to new legislation to stay ahead of impending regulatory shifts.

Key Takeaways for Your Organization
By the end of 2023, proactive risk management will be crucial for success. As financial crimes and compliance demands continue to rise, ensure that your organization has the necessary resources in place.

• Keep risk assessments up-to-date and conduct gap analyses as needed to identify and address compliance deficiencies.

• With more complex risk data and tighter budgets, consider adopting efficient technology solutions to enhance risk detection efficiency.

• Stay informed and adaptable to regulatory changes, especially in areas like ESG, sanctions compliance, and cryptocurrency regulations.

In this dynamic compliance landscape, a proactive approach and strategic use of technology will be instrumental in navigating the complexities of 2023.