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Saturday, June 26, 2010

U.K. Scraps FSA in Biggest Bank Overhaul Since 1997

U.K. Chancellor of the Exchequer George Osborne
U.K. Chancellor of the Exchequer George Osborne speaks at Mansion House in London. Photographer: Chris Ratcliffe/Bloomberg 

Chancellor of the Exchequer George Osborne said he will abolish the Financial Services Authority and give most of its power to the Bank of England, undoing the regulatory system set up by Gordon Brown in 1997.

In the most sweeping changes to financial regulation since then, the watchdog will be wound down and replaced by three bodies over the next two years, the chancellor said. A Prudential Regulatory Authority will be created as a subsidiary of the central bank. Osborne will also set up a Financial Policy Committee at the bank and establish a consumer protection and markets agency.

Osborne, whose Conservative Party took power after the May 6 election, is delivering on a promise made almost a year ago to shake up the way the U.K.’s banks and markets are policed. He’s blamed the system established by former Labour Prime Minister Brown for failing to prevent a financial crisis that saddled taxpayers with liabilities of as much as 1.4 trillion pounds ($2.1 trillion) and plunged the economy into the worst recession since World War II.

“At the heart of the crisis was a rapid and unsustainable increase in debt that our macroeconomic and regulatory system utterly failed to identify let alone prevent,” Osborne told bankers at his first Mansion House dinner in London’s financial district last night.

Northern Rock

Brown’s government had to nationalize Northern Rock Plc, the first U.K. casualty of the credit crunch, in February 2008. The lender nearly collapsed in 2007 after it had to seek emergency funding from the central bank and then suffered a run on its deposits. The government also had to take controlling stakes in Royal Bank of Scotland Group Plc and Lloyds Banking Group Plc.

With the economy emerging from recession, Britain now faces the deepest spending cuts since the 1970s to tackle the record budget deficit, overshadowing prospects for recovery.

“Many in the City had felt that giving the Bank of England responsibility for macro-prudential regulation would be a positive step, but there will be disappointment that the government has decided to launch such a radical overhaul of the regulatory system at this particularly difficult time in the economic cycle,” said Nathan Willmott, a lawyer at Berwin Leighton Paisner in London.

Tripartite System 

Osborne’s plan scraps Brown’s tripartite system of regulation -- in which the central bank, FSA and Treasury shared responsibilities -- and places most of the onus on Bank of England Governor Mervyn King. Legislation to replace the FSA will be in place by 2012, Osborne said.

Osborne’s predecessor, Alistair Darling, defended the tripartite system and blamed the crisis partly on the “quality, skills and judgment” of individual regulators that failed to examine “the connections between institutions.”

“Can every country, every regulator, hand on heart, say they have sorted out the problems of their individual banks, and are regulators in different countries aware of any residual problems,” Darling said in an interview on Bloomberg Television today. “These problems don’t go away. It’s rather like having a bad smell in the house. There’s no point in ignoring it. You need to get the floorboards up.”

The FSA’s chief executive, Hector Sants, 54, will stay on at the authority while it is wound down and will take up new roles on the bodies that replace it, becoming a deputy governor of the central bank.
‘Macro Issues’

Executive power over financial supervision will go to the Financial Policy Committee at the central bank, which will operate in a similar way to its rate-setting monetary policy panel. The new committee “will have the tools and the responsibility to look across the economy at the macro issues that may threaten economic and financial stability and the tools to take effective action in response,” Osborne said.

The committee will be chaired by King and will include Sants among its members. The panel’s work will be scrutinized by Parliament’s Treasury Committee, the chancellor said.

The Prudential Regulatory Authority “will carry out the prudential regulation of financial firms, including banks, investment banks, building societies and insurance companies,” Osborne said. Sants will be its chief executive and King its chairman. Andrew Bailey, the head of the central bank unit that deals with failed banks, will be Sants’s deputy.

Authority, Knowledge’ 

“Only independent central banks have the broad macroeconomic understanding, the authority and the knowledge required to make the kind of macro-prudential judgments that are required now and in the future,” Osborne said. “They must also be responsible for day-to-day micro-prudential regulation as well.”

Angela Knight, the chief executive of the British Bankers’ Association, a lobby group, said she welcomed steps to make the system “clearer and more effective” and pledged to support the government during the transition.

The third pillar of Osborne’s regulatory overhaul will come with the creation of a Consumer Protection and Markets Authority. Osborne said the agency will regulate financial firms “providing services to consumers” and maintain the “integrity of the U.K.’s financial markets.”

King told the Mansion House dinner that the new framework will assure the stability of the financial system.
‘Credible Regime’

“A credible macro-prudential regime could help forestall both excessive exuberance and unnecessary caution,” King said. “By altering the pressure on the financial brakes according to circumstances, regulation, far from being an inflexible foe, would become a flexible friend.”

FSA Chairman Adair Turner said he welcomed Osborne’s plans.

“The overall future shape of financial regulation is now much clearer and we are in a strong position to create a future regulatory system which builds on the FSA’s achievements over the last few years of major change,” Turner said in an e-mailed statement.

“It is ironic that while in opposition the Tories identified the tripartite system as the root of all regulatory evil, yet here they are as government inventing multiple front- line agencies and creating distracting confusion in the process,” said Ash Saluja, a lawyer at CMS Cameron McKenna in London.

Osborne also said he will bring under one roof the handling of “serious economic crime,” which is currently dealt with by a number of organizations.

The chancellor also gave the names last night of the people who will work alongside former Bank of England Chief Economist John Vickers when he leads a panel on the future of banking.

Martin Wolf of the Financial Times, Bill Winters, the former co-chief executive of JP Morgan’s investment bank, Martin Taylor, formerly of Barclays Plc, and Clare Spottiswoode, the former head of the gas regulator Ofgas, will work with Vickers on the Independent Banking Commission, Osborne said.

To contact the reporter on this story: Gonzalo Vina in London at gvina@bloomberg.net.

Major US financial reform agreed

President Obama: "We've all seen what happens when there is insufficient oversight"

The US Congress has all but finalised the biggest reform of US financial regulation since the Great Depression.

President Obama said the reforms would "hold Wall Street to account".

Legislators stayed up all of Thursday night for 19 hours of non-stop negotiations to reconcile separate versions of the bill that had been passed by the two houses of Congress.
Agreement was reached to impose strict limits on banks' ability to take risky speculative bets on markets.

MARDELL'S AMERICA 

 

 Mark Mardell
It will be a political tool for Obama. He's trying to take the initiative after a difficult few months
Mark Mardell BBC North America editor Read Mark's blog in full
 
Speaking before the start of the G8 and G20 summits in Canada, President Barack Obama said he was "gratified" by the progress made by Congress.

Treasury Secretary Tim Geithner said the bill that had emerged was "strong" and described it as "the most sweeping set of financial reforms since those that followed the Great Depression".

US bank shares greeted the news positively, with Citibank rising 3% in early trading, Goldman Sachs was up 1.75% and JP Morgan 2.25%.

All-nighter 
The debate only ended at 0540 Washington time (0940 GMT), with compromises reached on all major points.

The bill represents a second major legislative victory this year for President Barack Obama - following healthcare reform - and rode a popular backlash among American voters against Wall Street.

"We worry about big money," said Democrat Barney Frank, who headed the negotiations.
"I worry about big money having a corrupting influence, but it is reassuring to know that when public opinion gets engaged, it will win."

Volcker rules
 The bill introduces the so-called Volcker rule - named after the former Federal Reserve chairman Paul Volcker, who proposed it.

Barney Frank 
Chairman Barney Frank and colleagues stayed up all night negotiating 
   
The rule is intended to ban banks from risky entanglements in the financial markets.
US banks will be barred from taking big trading bets on markets.

They will also be limited to investing a maximum of 3% of their capital in speculative businesses such as hedge funds or private equity funds.

The bill will also set up a powerful consumer financial protection bureau, with powers to clamp down on abusive practices by credit card companies and mortgage lenders.

It now has to be passed by both the Senate and the House. When asked whether this would happen, President Obama said, "you bet".

Sticking points 
Analysis Continue reading the main storyMake no mistake, some on Wall Street feel they've dodged a bullet.

However much their revenues will be hurt by the new laws' provisions, things could have been much worse. Fuelled by deep public rage at banks that nearly destroyed the US economy, lawmakers seriously considered much more drastic action than this.

The Brown Kaufman amendment in the Senate would have limited the size and leverage of banks. Needless to say the giants of Wall Street were appalled at that prospect.

And who helped kill that amendment? The Obama administration itself. So it's worth bearing in mind that up to a point he has actually also been Wall Street's protector.

Mr Obama said the final bill "represents 90% of what I proposed when I took up this fight".
But concessions had to offered in order to win over Republican backing for the deal.

The US Congress is dominated by President Obama's Democratic party, which holds majorities in both houses.

However, following the death of Edward Kennedy last year, Republicans won his Massachusetts seat in the Senate, giving them a crucial blocking minority there.

Indeed, the 3% permitted investment in speculative businesses was a dilution to the Volcker Rule demanded by the new Massachusetts senator, Scott Brown.

Agreement was also reached on higher capital requirements for banks.
This means banks will either need to do less risky lending, or they will have to raise more money from shareholders to hold in reserve against loan losses, or both.

However, congressmen conceded a five-year transition period for banks to meet the new capital rules, and they exempted smaller banks - with less than $15bn in assets - from the rules altogether.

Swap limits

KEY PROVISIONS


  • Volcker rule: ban on banks' proprietary trading
  • Volcker rule: limit on banks investing in hedge funds or private equity funds
  • New Consumer Financial Protection Bureau
  • Credit Default Swaps trading moved onto exchanges
  • Banks to spin off certain swaps businesses
  • New capital adequacy rules for big banks in five years
  • New Council of Regulators to monitor systemic risks
  • Regulator powers to seize and resolve big troubled banks
Q&A: US bank regulation 
 
Another major sticking point was a Senate proposal to ban banks from dealing in so-called swaps.
Swaps are a type of derivative - financial contracts once described by investor Warren Buffett as "financial weapons of mass destruction".

Under the Senate bill, banks would have been forced to spin this business off into separate affiliated companies, in order to protect them from losses.

But negotiators agreed to water down the Senate bill, exempting the biggest swaps markets - on interest rates and currency exchange rates - from the ban.

But banks will still be banned from dealing in credit default swaps unless they do so through the safety of a financial exchange.

This measure will severely curtail one of the most profitable activities of the big international banks when they do business in the US.

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Friday, June 25, 2010

What To Expect At The G-20

The largest countries, like China and the U.S., should lead by example.


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The central focus at the G-20 will be to change the composition of world growth as recovery takes hold: current-account-deficit countries should save and export more and consume less while surplus countries should consume and import more. Some of the required measures will not be popular at home as they impact consumer and trade interests that are vested in the unsustainable status quo.

Yet with Europe a drag on world growth and the U.S. consumer no longer the engine a determined effort to rebalance is essential to take up the slack. What needs to be done?

The best strategy to ensure G-20 momentum is for the largest countries to lead by example. A credible medium-term plan of fiscal consolidation would make the United States the natural leader of the Mutual Assessment process. This is unlikely until after the November 2010 mid-term elections, however, when the bipartisan National Commission on Fiscal Responsibility's report comes due.

The Chinese authorities have a rebalancing strategy that includes nominal exchange rate appreciation, shifts domestic demand towards consumption and shifts job generation more towards labor-intensive production in services as well as manufacturing. They need to follow through. Unfortunately, the euro's recent depreciation against the dollar has put unanticipated pressures on exporters' margins. So has recent labor unrest. Further delay in nominal appreciation will be inflationary and renew international tensions.


The European stabilization fund and unprecedented central bank intervention have bought Greece time to restructure its finances. But serious questions remain about economic governance in the euro zone where deeper coordination is required to restore and maintain fiscal prudence. Clearly future economic growth will have to be sought by raising productivity through politically-difficult and long-delayed structural reforms in a slow-growth environment. Germany as the large surplus economy should stimulate domestic demand to facilitate such changes.

The G-20 co-chairs, Canada and South Korea, both have successes from which others can learn.

Few realize that Canada completed a major fiscal adjustment in the mid-1990s when it moved from a deficit of 8.7% of GDP to a small surplus helped by public support for consolidation, a growing world economy and a flexible exchange rate.


South Korea is a graduated emerging market economy which has recovered from severe crises a decade ago. Others can learn from South Korea's strategy to reduce export dependence through domestic investments in human capital, technology and a "Green Korea" strategy of energy conservation, clean energy R&D and energy efficient transportation.

Other East Asian economies could contribute more to global demand by reducing export incentives and increasing exchange rate flexibility; increasing domestic demand by deregulating services and encouraging green and other needed infrastructure projects; and supporting household consumption as the economies adjust by creating social safety nets.

None of these recommendations is a slam dunk because most imply painful macroeconomic and structural adjustments. But the G-20's credibility to restore global growth is on the line.

The outlines of a successful summit began to appear this past week as President Barack Obama, in a June 16 letter to G-20 leaders, committed to reduce the U.S. deficit to 3% of GDP by 2015 and stabilize the debt-to-GDP ratio. On June 19-20 the People's Bank of China committed to greater nominal exchange rate flexibility. Follow through is needed in both countries, and from the Europeans, or renewed global imbalances will threaten global stability.

If growth in the heavily-indebted advanced countries continues to be modest threats of protectionism and political pressures to turn back globalization will rise. Few have much room to maneuver in the face of still-high unemployment.

Thus, the second G-20 summit, and the first to take place in Asia in Seoul in November, may turn out to be extraordinarily fortuitous if President Lee Myung-bak achieves further progress by persuasion and example.

We cannot afford more of the deadlock and inertia of Doha and Copenhagen. To prod governments to act--and to prevent backsliding--the IMF's Mutual Assessment analysis should be published (the April 2010 World Economic Outlook provides a more general but no less urgent assessment). Name-and-shame tactics helped mute protectionist actions during in the heat of the crisis. Such tactics, or a high-profile independent wise persons group, may be necessary to rally public support.

The stakes for the G-20 are high. There must be forward momentum or its credibility and effectiveness will ebb away. And the burdens of global financial crises on future generations will only grow.

Wendy Dobson, a professor at the University of Toronto, is a former Associate Deputy Minister of Finance in Canada. Her most recent book is Gravity Shift: How Asia's New Economic Powerhouses Will Shape the 21st Century.
 
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