2023-07-31
Added · Updated
The Reserve Bank of New Zealand and the Financial Markets Authority jointly issued FMI Standard 17 to mandate operational risk management for designated financial market infrastructure operators. The standard requires operators to identify, mitigate, and manage operational risks through robust frameworks, secure internal systems, and defined reliability objectives. It further mandates external assurance engagements by qualified auditors every two years and after material incidents, with reports provided to the regulator upon request.
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FMI STANDARD 17:
OPERATIONAL RISK
FS17
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DOCUMENT VERSION HISTORY
1 March 2024 First issue date
INTRODUCTION
Application
i. This standard applies to every operator of a designated FMI that was specified
in its designation notice under section 29(2)(f) of the Financial Market Infrastructures Act 2021 (the Act) as falling within one or more of the following classes of designated FMIs:
(a) a pure payment system; or
(b) a securities settlement system; or
(c) a central securities depository; or
(d) a central counterparty.
Legal powers
ii. Under section 8 of the Act the regulator is defined as the RBNZ and the FMA
acting jointly (or the RBNZ acting on its own in relation to pure payment systems).
iii. Section 12 of the Act provides the regulator's functions. These include
regulating designated FMIs, dealing with designated FMIs that are distressed, and other functions under the Act.
iv. Subject to certain statutory prerequisites, section 31 of the Act empowers the
regulator to make standards for designated FMIs.
v. Section 34 sets out the matters that standards may deal with or otherwise relate
to. Sections 34(1)(e)(i) and (ii) provides that a standard may deal with, or otherwise relate to, the management by operators of operational risk. Interpretation
vi. The words and phrases used in this standard have the same meaning as in the
Act.
vii. Applicable auditing and assurance standards has the same meaning as in
section 5(1) of the Financial Reporting Act 2013.
viii. Essential services means:
(a) for services provided by designated FMIs which are assessed as systemically important by the regulator under section 24 of the Act, all services contributing to the assessment that an FMI is systemically important; and (b) for services provided by designated FMIs that are not assessed as systemically important under section 24 of the Act, any services covered by the protections in subpart 5 of part 3 of the Act.
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ix. Internal systems means mechanisms within an FMI or operator to implement
policies, procedures, or controls.
x. Material incident means an event that:
(a) causes:
A. a slowdown in the operation of the FMI; or B. a restriction or partial availability of the FMI; or
C. a security threat to the system; or
D. an increase in the risk of an outage, slowdown, restriction, or security threat; or E. a potential or actual adverse impact on the future operation of the system; and (b) has a substantive adverse impact on the FMI's participants (or, for an overseas-equivalent FMI, the FMI’s New Zealand participants) or the New Zealand financial system.
xi. Material outage means an outage that has a substantive adverse impact on
the FMI's participants or the financial system.
xii. Outage means an event that causes the system to be unavailable for use by
any or all participants (or for an overseas-equivalent FMI, the FMI’s New Zealand participants), regardless of:
(a) the cause; and
(b) the length of time of the outage.
xiii. Qualified auditor means any of the following:
(a) a licensed auditor as defined in section 6(1) of the Auditor Regulation Act 2011; or (b) a registered audit firm as defined in section 6(1) of the Auditor Regulation Act 2011; or (c) the Auditor-General as defined in section 4 of the Public Audit Act 2001. Commencement
xiv. This standard comes into force on 1 March 2024.
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REQUIREMENTS
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(See Guidance for Standard 17: ‘Operational Risk’, in Guidance for the FMI Standards for more detail, also see Standard 17A ‘Contingency plans’, Standard 17B ‘Critical service providers’ and Standard 17C ‘Cyber risk management’ for further requirements).
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Source: Reserve Bank of New Zealand — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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