Bank Negara Malaysia issues Policy Document on Climate Risk Management and Scenario Analysis

Bank Negara Malaysia (‘BNM’) issued a policy document on Climate Risk Management and Scenario Analysis (‘Climate Risk Management Policy Document’) on 30 November 20221. This follows from an exposure draft issued by BNM on 27 December 2021.
 
Application
 
The Climate Risk Management Policy Document applies to licensed banks, licensed investment banks, licensed Islamic banks (including international Islamic banks), prescribed development financial institutions, licensed insurers (including professional reinsurers), licensed takaful operators (including professional retakaful operators) and financial holding companies.
 
Financial institutions (excluding financial holding companies) are required to comply with the provisions in the Climate Risk Management Policy Document at the following levels: 
  • entity level, which refers to the global operations of the financial institutions, including overseas branch operations; and 

  • consolidated level, which includes all financial and non-financial subsidiaries. 
Financial holding companies are also required to comply with the provisions in the Climate Risk Management Policy Document on a consolidated level basis.
 
Locally incorporated foreign financial institutions and branches of foreign financial institutions operating in Malaysia are permitted to leverage their group or parent company’s climate-related policies and procedures to meet the requirements of the Climate Risk Management Policy Document.
 
Summary of main requirements
 
The Climate Risk Management Policy Document recognises the material risks posed by climate change to the safety and soundness of financial institutions and sets out BNM’s requirements and guidance on climate risk management and scenario analysis by financial institutions. The boards of directors of financial institutions shall have overall responsibility and accountability to safeguard the financial institutions’ resilience against climate-related risks and evaluate the risks and opportunities arising from climate change in assessing and approving the financial institutions’ strategies and business plans.
 
In particular, Appendix 1 of the Climate Risk Management Policy Document provides a summary of 14 principles and specific requirements on the management of climate-related risks by financial institutions, with the aim to enhance the resilience of the financial sector against climate-related risks under six broad categories. Appendix 1 is reproduced here.
 
Further elaboration on the 14 principles outlined in Appendix 1 are set out in sections 8 to 13 of the Climate Risk Management Policy Document.
 
Implementation plan
 
A financial institution is required to perform a gap analysis between its existing practices in managing climate-related risks and the requirements contained in the Climate Risk Management Policy Document and to highlight all key implementation gaps. It must also develop a board-approved implementation plan with a clear timeline, as well as interim targets and milestones to address the gaps identified. Both the gap analysis and implementation plan must be submitted to BNM no later than six months after the issuance date of the Climate Risk Management Policy Document.
 
A financial institution must immediately notify BNM if the financial institution identifies any issue that may affect its full compliance with the requirements in the Climate Risk Management Policy Document by the respective effective dates mentioned in the following section of this article.
 
Effective dates
 
The Climate Risk Management Policy Document came into effect on 30 November 2022, subject to the following: 
  • paragraphs 7, 8, 9, 10 and 11, with respect to governance, strategy, risk appetite and risk management shall come into effect on 31 December 2023; and 

  • paragraphs 9, 10, 11, 12 and 13, with respect to scenario analysis, metrics and targets and disclosure shall come into effect on 31 December 2024. 
Notwithstanding the foregoing, the following requirements of the Climate Risk Management Policy Document shall come into effect on 31 December 2024: 
  • Strategy – paragraphs 9.2, 9.4;
  • Risk Appetite – paragraph 10.3; and
  • Risk Management – paragraphs 11.9 (a), 11.9 (b) and 11.9 (c). 
Supervision
 
The management of climate-related risks of a financial institution will be monitored by BNM against the standards and guidance set out in the Climate Risk Management Policy Document. A financial institution is required to maintain and make all relevant information readily available for submission upon request by BNM to facilitate ongoing supervision.
 
Article by To’ Puan Janet Looi (Co-Head) and Tham Zhi Jun (Associate) of the Environment Social and Governance Practice of Skrine. 
 
 

1 On the same day, BNM also issued the Supplemental Guidance to Climate Risk Management and Scenario Policy Document to provide non-exhaustive case studies and reference resources that may be useful to financial institutions in dealing with climate-related risk issues. According to BNM, the supplemental guidance is a living document that may be periodically edited and updated in response to maturing industry practices. The supplemental guidance can be accessed here.

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.