That is not an indictment of the regulator; it is the natural result of a regulatory system that depends on judgment.
Bermuda’s financial services framework is not built entirely on rigid prescription. Significant parts of it are proportionate, risk-based and dependent on the nature, scale, complexity and risk profile of the business.
The Bermuda Monetary Authority, as regulator, describes its supervisory process as risk-based, with risk identification, assessment, prioritisation and regulatory response forming core components of supervision.
Its AML/ATF (anti-money laundering/anti-terrorist financing) Guidance Notes require regulated financial institutions to assess their risks, take account of Bermuda’s most recent national risk assessments, and apply compliance resources proportionately to the risks identified.