ASIC Warns of Offshore Outsourcing Risks

Introduction

The Australian Securities and Investments Commission (ASIC) has warned financial services entities about significant risks posed by offshore outsourcing, urging stronger governance and risk management to safeguard consumers and investors. Following a recent review, the regulator found varying levels of compliance among licensees, with some lacking a formal risk management framework entirely.

Governance Weaknesses in Offshore Outsourcing

ASICs investigation into offshore service providers (OSPs) used by financial advice licensees and responsible entities revealed substantial operational vulnerabilities. Commissioner Alan Kirkland stressed that Australian financial services (AFS) licensees retain ultimate responsibility for their operations, even when services are contracted overseas. Outsourcing does not absolve entities from meeting their statutory obligations, and lapses could lead to harmful outcomes such as personal data breaches or service disruptions.

Key Risks and Obligations

Critical risks identified include inadequate supervision of OSPs, loss of control over core functions, operational disruptions, and conflicts with foreign legal systems. Kirkland emphasized that the more vital a function, the higher the risk to consumers and investors—especially when outsourced internationally without robust oversight. Recent enforcement actions against FIIG Securities, Fortnum Private Wealth, and RI Advice highlight ASICs stance on cybersecurity and operational resilience. Entities must meet the following minimum obligations:

• Select and vet service providers with due skill and care.
• Monitor OSP performance consistently.
• Address service breaches or failures promptly.

Ongoing Regulatory Oversight

ASIC plans to continue monitoring governance frameworks, holding firms accountable when deficiencies threaten public trust in the financial system. Firms are urged to proactively review outsourcing arrangements, bolster operational resilience, and adopt stronger cybersecurity protections to comply with ASIC guidelines.

About ASIC

The Australian Securities and Investments Commission is Australias corporate, markets, financial services, and consumer credit regulator, responsible for maintaining fair and transparent financial systems.