MEDIA RELEASE 15 September 2014 2014 ANNUAL REPORT The Authority is pleased to inform and at the same time it is gratified by the unwavering support from all its stakeholders in enabling the successful compilation of the 2014 NAMFISA Annual Report. The theme for the current report, as depicted in the background pictures, is “Growth” and this takes off from the “the New Dawn” which captivated the background subject of the PMR award winning, 2013 annual report. The NAMFISA 2014 Annual Report theme symbolises the significant strides made in respect of the Authority’s three-pronged reform process i.e. Regulatory Reform; Supervisory Reform; and Institutional Reform. This press release provides highlights on the activities of the Authority for the reporting period ended 31 March 2014, and the details are contained in the 2014 Annual report. In general, this 2014 Annual Report contains noticeable improvement on the previous NAMFISA annual reports, which include among others: Timely production – this report is produced much earlier than previous annual reports and well within the timeline of 30 September; Transparency - the report is more transparent on the activities of the Authority; Depth and details - the report expanded more on the supervisory activities under taken during the reporting period and the inclusion of the support functions of the Authority; People centric – the report depicts all the Authority staff which enhances ownership by the entire staff of the Authority; and Look and feel - the enhanced look and feel. 1|P age The following are the key highlights in the 2014 NAMFISA Annual Report: STAFF COMPLIMENT The staff complement stood at 107 on 31 March 2014, which was 31.8% up from 73 during the previous financial year. Compared to 2010, the staff compliment increased significant from about 50 employees and it is envisaged to grow to 150 by 31 March 2015. The Authority awarded bursaries to eight (8) deserving students to study in the fields of economics, accounting, commerce, law, finance and mathematical science. STRATEGY AND PERFORMANCE FOR THE REPORTING PERIOD ENDED 31 MARCH 2014 The Authority’s Strategy contains for key areas of strategic intent which give rise to eight strategic of objectives. The strategic intent is a follows: A sound regulatory and supervisory framework that promotes a safe, stable, and trusted financial sector in Namibia; Well-informed and financially literate consumers of financial products and services in Namibia A well-managed, efficient and effective regulator of financial institutions in Namibia; and A reliable source of data, research, and policy advice on financial institutions in Namibia PERFORMANCE OVER THE FINANCIAL YEAR 2013/2014 The Board set priority areas for the 2013/14 financial year towards the end of the financial year 2012/2013. The priorities are set to steer the Authority towards achieving its strategic goals and objectives. Priority areas, with focus on milestones and strategic initiatives are as summarized below: a) Prudently manage financial resources: The Authority’s total Income for the year ended 31 March 2014 was N$95.8 million and expenditure was N$73.3 million generating gross surplus income of N$22.5 million. The total assets of the Authority increased to N$247.7 million, compared to N$217.1 million in the previous year. Unqualified financial statements were produced within the prescribed statutory period of three (3) months. 2|P age b) Build productive relationships with key stakeholders In our effort to build productive relationship, the Authority successfully hosted conference for Committee of Insurance, Securities and Non-banking financial Authorities (“CISNA”), which is a committee of regulatory authority in SADC. The Authority regularly hosts industry forum and CEO’s dinners with industry players to discuss pertinent issues related to the financial sector. Throughout the year, the Authority had several meetings with Bank of Namibia and major of which had to do with financial stability, and monitoring and evaluation of the Namibia financial sector strategy. Also, the Authority in fulfilling one of its core functions as an advisor to the Minister of Finance had a number of meetings at the Ministry of Finance to give updates on major regulatory and supervisory developments. The Authority continues to participate in regional and international organisations such as the International Association of Insurance Supervisors (“IAIS”) International Association of Pension Supervisors (“IOPS”), Eastern and Southern Africa Anti-Money Laundering Group (“ESSAAMLG”). During the reporting period, the Authority conducted a perception survey in respect to its engagement with the stakeholders and the results of the survey indicated that greater than 80% of the respondents perceived NAMFISA engagement as positive. The interaction with the media has enhanced significantly which is evident in the improved response times to media queries and press conferences to inform the broader public. c) Produce data, research and policy advice The Authority collated and published data received from regulated entities in the Quarterly Statistical Bulletin, Annual Report 2013, Financial Stability Reports and other smaller reports on activities of NAMFISA. The Financial Stability Reports are produced jointly with the Bank of Namibia (“BON”). These publications /reports have continued to be appreciated by the industries and other stakeholders. The NAMFISA Annual report 2013 received Africa award from PMR Africa as the best annual report in Namibia. The Authority’s policy advisory work was spread across the following areas: NAMFISA and Financial Institutions and Markets (FIM) Bills Financial Services Ombudsman Bill Consumer Credit Position Paper 3|P age Standards and regulations to be issued under the FIM bill d) Educate and bring awareness to the consumers of financial services and products The Authority has been running a consumer financial education programme that sought to educate, inform and create awareness among users of financial services and products to enable them to make informed decisions. To this end the Authority continued to produce a quarterly NAMFISA Consumer Bulletin which is well sought after publication. A total of 60,000 copies of the NAMFISA Consumer Education Bulletin, per edition, were produced and distributed during the year. e) Develop an efficient and effective regulatory and supervisory framework THE NAMFISA AND FINANCIAL INSTITUTIONS AND MARKETS BILLS The drafting of the NAMFISA and Financial Institutions and Markets (FIM) Bills started a few years ago and have underwent several rounds of consultation with stakeholders including regulated entities and Cabinet Committee on Legislation. The Bills are now with the legal drafters in the Ministry of Justice for finalization. Once promulgated, the new law will provide NAMFISA with adequate regulatory and supervisory powers. The promulgation of the FIM Bill will play a major role in the deepening and development of financial markets. This new legislative instrument allows for the flexibility and swift response to industry development which will lead to greater innovation in offering financial products and services to the benefit of both consumers and the financial institutions involved. FINANCIAL SERVICES OMBUDSMAN NAMFISA has finalized the 1st draft of the Financial Services Ombudsman (FSO). It will be a separate piece of legislation from those administered by the Authority and will have its administration authority headed by the Financial Ombudsman. The Financial Services Ombudsman is a statutory officer who deals independently with complaints from consumers about their individual dealings with all financial service providers. The FSO bill is currently undergoing its final round of reviewing with the Ministry of Finance. This process will be followed by wide consultations with the stakeholders. 4|P age Regulations and Standards under the FIM Bill The Authority has completed 79 subordinate legislation to accompany the FIM bill. These regulations and standards are in layman’s draft format and will be converted into legal drafts. Once finalised, standards and regulations will go through industry review and consultations. Regulations 15, 26, 27 28 and 29 Regulations 15, 26, 27, 28 and 29 were promulgated in December 2013 and with the effective date of 1 January 2014. Regulations 15 and 28 are aimed at curbing excessive capital outflows and to encourage greater local investments by long-term insurers and pension funds. These Regulations were amended to allow pension funds and insurers to invest a minimum of 1.75% and a maximum of 3.5% of the market value of their investments in unlisted investments. Regulation 26 prescribes the administrate penalties that the Registrar may impose on the pension funds which fail to comply with the Pension Funds Act while Regulation 27 in turn prescribes the rate of interest that pension funds should charge on housing loans granted to their members. Regulation 29 provides a framework under which pension funds should investments in unlisted investment. Anyone who wishes to deal in unlisted investments of the pension funds should be registered and approved by NAMFISA as an Unlisted Investment Manager (UIM). A Special Purpose Vehicle (SPV) must also be registered as it is through the SPV that funding will be channeled to the UIM. Long and short –term Insurance Advisory Committees During the period under review two insurance advisory committees were established in terms of the Long- and Short-term insurance Acts to assist the Minister of Finance to execute her mandate as per the two insurance Acts. Regulations under Unit Trusts Control Act The Authority finalized the draft regulations to be issued in terms of the Unit Trusts Control Act and they are ready for promulgation as envisaged in the Act. 5|P age Conditions for Investment Managers During 2013, the Authority drafted the Conditions for the regulation and supervision of investment managers under section 4 (1) of the Stock Exchanges Control Act. These conditions are envisaged to be promulgated in the ensuing financial year. f) Ensure operational efficiency of all business processes The Authority embarked on a path to achieve operational efficiency to enhance service delivery. In particular, the Authority continued to refine its supervisory instruments and practices by developing supervisory plans, ladder of supervisory intervention and service level commitments resulting in significantly improved supervisory activities. g) Develop a performance-oriented culture The Authority is continuing with a drive of performance oriented culture. Through this drive a leadership creed and institutional values are being enforced which resulted in better productivity. The activities aimed at enhancing a performance-oriented culture include: monthly feedback sessions to drive strategy and inculcate our values: review and approval of human resources policies by the Executive; in-house technical training sessions; and the development and implementation of job profiles for all positions. h) Develop Appropriate IT Systems For the Authority, to achieve its goal of a well-managed, efficient and effective regulator, the Authority drafted a high-level IT strategy and implementation plan in year 2011/12 which is reviewed annually. Consequently, cost savings on the usage of paper ensued. The Authority continued with the usage and enhancement of the Electronic Regulatory System (ERS) in order to increase operational efficiency that resulted in improved turnaround times. A well designed IT infrastructure is not only important for operational efficiency, but also for regulatory effectiveness. 6|P age CONSOLIDATED REGULATED INDUSTRIES’ DATA SUMMARIES a) Total number of regulated entities The Authority regulated a sector that is significant by any measure and is comprised of a number of different institutions and intermediaries. As at 31 December 2013, the number of regulated entities was as follows: Type of Institution Long-Term Insurance Companies (Intermediaries) Short-Term Insurance Companies (Intermediaries) Medical Aid Funds-active Pension Funds-active Collective Investment Schemes Investment Managers Microlenders Stock Exchanges Stock Brokers (exclude sponsors of SB) Friendly Societies Total 7|P age Number of Number of % Change Institutions Institutions 2012 2013 18 (2 782) 17 (2 265) -6% (-19%) 14 (464) 13 (572) -7% (23%) 11 121 12 41 275 1 4 3 501 (3 246) 9 113 13 33 281 1 4 3 486 (2 837) -18% -7% 8% -20% 2% 0% 0% 0% -3% (-13%) b) Assets sizes of regulated entities As at 31 December 2013, the assets of and assets managed by financial institutions, size of the capital markets and loans disbursed by microlenders relative to the gross domestic product (“GDP”) of Namibia, were as follows: Financial Institutions Long-Term Insurance Short-Term Insurance Medical Aid Funds Pension Funds Collective Investment Schemes Investment Management Micro-lending Financial Markets: -Local market capitalization -Local debt Issued Total 8|P age 31 Dec 12 Assets (N$ million) 31 654 3 002 858 85 757 32 106 31 Dec 13 Assets (N$ million) 36 424 3 461 1 002 105 267 37 267 109 407 1 752 31 Dec 13 % of GDP 31 Dec 13 % Change 10.5 1.0 0.3 30.3 10.7 15 15 17 23 16 123 322 2 616 35.5 0.8 13 49 11 057 18 729 15.6 69 17 125 252 424 19 077 347 165 15.9 289.2 11 38 Note: The total assets in the financial sector regulated by the Authority amounts to N$178 899 million compared to the figure of N$347 165 million above which includes significant overlap where, for instance investment managers manage assets of Pensions Funds. The nominal Gross Domestic Product was recorded at N$120 028 million. c) Registrations and deregistration during year 2013 Institution Long-Term Insurance Companies (Intermediaries) Short-Term Insurance Companies (Intermediaries) Reinsurers Medical Aid Funds Pension Funds Collective Investment Schemes Investment Managers Microlenders Stock Exchanges Stock Brokers (exclude sponsors of SB) Friendly Societies Total 9|P age Registered entities as at 31/12/12 New Registered entities during year 2013 16(3820) 0(124) Deregistered entities during year 2013 Registered Entities as at 31 December 2013 0(1693) 16(2265) 12(446) 0(161) 0(35) 12(572) 2 9 121 12 41 267 1 4 0 0 2 1 0 28 0 0 0 0 12 0 13 22 0 0 2 9 111 13 28 273 1 4 2 487(4266) 0 31(285) 0 47(1728) 2 471(2837) d) Supervisory ladder stages of entities as at 31 December 2013 Supervisor Pension Medical Friendly MicroCapital Shorty Ladder Funds Aid Societie lenders Markets term Funds s Insuran ce Stage 1 – 73 2 0 141 26 10 no significant problems Stage 2 – 20 4 0 44 2 2 early warning Stage 3 – 8 3 0 14 0 0 risk to viability or solvency Stage 4 – 8 0 0 22 1 0 future viability in serious doubt Stage 5 – 2 0 2 64 4 1 entity not viable or solvency imminent* * Total 111 9 2 285 33 13 regulated entities 10 | P a g e Longterm Insuran ce 15 0 0 2 1 18 e) Supervisory interventions during year 2013 Supervisory Interventio ns Inspections 12 26 2 Micro lender s 59 Notices to cancel 135 0 1 38 8 9 27 218 0 0 0 22 13 0 1 352 1 387 13 0 0 0 4 32 21 70 2 3 0 166 2 0 2 175 66 1 0 0 0 4 3 74 Actual Cancellation s Voluntary cancellation s Complaints Resolved Penalties imposed 11 | P a g e Pension Medical Friendly Funds Aid Societies Funds Capital Market s Longterm Insuranc e 9 Total 8 Shortterm Insuranc e 4 120 f) Statistics on penalties imposed on regulated entities per industry during the financial year 2013/14 Type of institution Amount (NS) Long-term Insurance Companies (Intermediaries) 896 000 (-) Short-term Insurance Companies (Intermediaries) 134 000 (225 000) Medical Aid Funds - active - Pension Funds - active 1 524 520 Collective Investment Schemes - Microlenders - Stock Exchanges - Stock Brokers (exclude sponsors of Stock Brokers) - Friendly Societies - Total 2 573 520 (225 000) g) Complaints status for 2013 Industry Received Resolved Microlenders 167 166 1 99% Long-term Insurance 95 91 4 96% Short-term Insurance 43 40 3 93% Pension Funds 56 51 5 91% Collective Investment schemes (Unit Trusts) 0 0 0 - Capital Markets 2 2 0 100% Medical Aid Funds 3 3 0 100% Friendly Societies 0 0 0 366 353 13 Total 12 | P a g e In-Progress % resolved 96% NAMFISA recovered an amount of N$ 1 437 684 in benefits claims and refunds paid by the financial institutions to customers who lodged complaints in 2013. Strategic themes and objectives on priorities areas for 2014/15 Strategic themes Objectives Financial literate leading to improved financial Consumers: decision making Foster – o Protection o Promotion of awareness Financial stability with sound principles; and Financial institutions and intermediaries: Foster- Reliable source data and information for research and policy advise o Stability o Fairness, efficiency and orderliness o Reduction of financial crime Sound regulatory and supervisory frameworks o Prudential standards o Market conduct Regulate and supervise o Financial institutions & intermediaries, money lenders & credit providers Foster – o Financial soundness o Highest standards of conduct of business Effective operations o Operational efficiency across the Authority o Effective risk management 13 | P a g e Notes to the Editors Legislative provisions for the Annual Report The abridged version was prepared in terms of section 28(1)(b) of the Namibia Financial Institutions Supervisory Authority Act No. 3 of 2001 (NAMFISA Act), which requires the Chief Executive Officer of the Authority, not later than 3 months, to submit to the Minister of Finance in respect of the financial year a report on the activities of the Authority during that financial year. In addition, this report serves to fulfill the provisions of section 26(1) of the State-Owned Enterprises Governance Act, No. 2 of 2006. This report, therefore, provides a comprehensive overview on the activities of the Authority for the financial year end 31 March 2014 and is available for the public. NAMFISA’s Mandate NAMFISA was established by the Namibia Financial Institutions Supervisory Authority Act (“NAMFISA Act”), 2001 (No. 3 of 2001). In terms of the NAMFISA Act, the functions of the Authority are to: 1. Exercise supervision over the business of financial institutions and over financial services; and 2. Advise the Minister of Finan ce on matters re late d to f in an c ia l institutions and financial services. In fulfillment of those statutory obligations, NAMFISA regulates and supervises a broad range of institutions, which include: pension and retirement Funds; long-term Insurance and short-term Insurance; medical aid schemes; friendly societies; 14 | P a g e unit trust or management schemes; the Namibian Stock Exchange; asset or investment managers; participation bond schemes; credit providers such as micro lenders, It is worth noting that NAMFISA is an important component in the Namibian economic landscape, being responsible for the regulation and supervision of about 486 financial institutions and 2837 intermediaries. These institutions collectively manage assets in excess of N$170 billion. 15 | P a g e