If ROHMA becomes aware that the legislation regulating the commodity industry has been breached, its first priority is to ensure that the law is enforced and compliance re-established.
ROHMA does not initiate administrative proceedings to investigate the extent to which individuals are responsible for irregularities unless there are specific grounds for doing so. ROHMA collects any evidence of possible malpractice and store it in its Watch List. If administrative proceedings have to be initiated to determine whether an individual meets the requirement for assurance of proper business conduct, the evidence previously collected will be reviewed as part of the proceedings.
The purpose of the Watch List is therefore to provide information on individuals who must comply with the requirement for assurance of proper business conduct under commodity sector legislation, whether they be persons entrusted with the operation or management of a supervised company or shareholders or important investors of such company. To this end, only data that is relevant in evaluating compliance with the proper business conduct requirement (e.g. personal details; extracts from the commercial, debt enforcement and bankruptcy registers; sentences passed by civil, criminal and administrative courts; reports made by audit firms, non-governmental organisations, persons mandated by ROHMA and press articles) is included in the data collection. The legal basis for the constitution of the watch list can be found in the CMSAA.