Managing the Managers: International Coordination of Financial Supervision

Similar documents
IOSCO Annual Conference: Panel 1

Practitioners Post-Crisis Perspectives on the Utility of International Financial Regulation and Supervision

Department of the Treasury Issues Report Recommending U.S. Capital Markets Regulatory Reforms

THE DODD-FRANK ACT & DERIVATIVES MARKET

U.S. Treasury Report Proposes Changes to the Financial Regulatory System

Daniel K Tarullo: Regulatory reform

May 1, Washington, D.C Washington, D.C

Final Rules & Studies (by DFA Section) April 30, 2012

Dodd-Frank Act Modifications David Franasiak Williams & Jensen, PLLC ISEEE Spring Meeting - Miami March 22, 2015

Eurex Clearing. Response. Joint CFTC SEC request for comment on international swap and clearinghouse regulation

Regulations in Investment Management An EU Perspective

Managed Funds Association. Investments in Today s Capital Markets

Euro area financial regulation: where do we stand?

RE: Presidential Executive Order on Core Principles for Regulating the United States Financial System

A View From the Street

The Brookings Institution Liquidity in Financial Markets

ESMA Risk Assessment Work Programme 2019

The Effects of the Dodd-Frank Act on Foreign Banks: Where We Are in 2013

16 th ISSA Symposium Florence Fontan ISSA WG Update BNP Paribas Securities Services

Financial markets today are a global game between a variety of highly interconnected players. Financial regulation sets out the rules of this game.

Financialisation of the agricultural commodity markets the role of legislation

Status of US Financial Reform Legislation: Protection and Investment Advisers. Alan Avery April 6, 2010

House Approves Financial CHOICE Act

Professor Alan S. Blinder Princeton University. Helsinki, 13 June 2013

Overview of financial regulation

FEDERATED INVESTORS, INC.

Dodd-Frank Wall Street Reform and Consumer Protection Act Signed

Regulatory Impacts on the Nordic Secondary Bonds and Derivatives Market

Europe: Progress in bank resolution and banking union

TREASURY RECOMMENDATIONS V. FINANCIAL CHOICE ACT COMPARISON CHART

Table of Contents. August 2010 Arnold & Porter LLP

Divergences in Key Regulatory Reforms among Jurisdictions

Implications of the Dodd-Frank Act on Too Big to Fail A presentation for Washington University s Life-Long Learning Institute

Resolution Regimes in Europe: Implementation of effective resolution regimes in the region. Funding in Resolution

Central Clearing, Systemic Risk and Bankruptcy Issues

REGULATORY DEVELOPMENTS NEWSLETTER AMERICAS

ESMA Risk Assessment Work Programme 2018

September 1, Re: Managed Funds Association Regulatory Priorities

FEDERAL RESERVE BANK OF CHICAGO. Research Department Financial Markets Group. 230 South LaSalle Street Chicago, Illinois U.S.A.

Regulatory Implementation Slides

CFTC Chairman Releases White Paper on Cross-Border Swaps Regulation Version 2.0

Antipasti -- A Tasting Menu of Regulatory Morsels Financial Regulatory Changes Thursday, April 28, :00 a.m. - 11:15 a.m.

A DODD-FRANK UPDATE CAROL BEAUMIER MANAGING DIRECTOR, PROTIVITI TIM LONG MANAGING DIRECTOR, PROTIVITI

Key Provisions of the Financial CHOICE Act

Trade Repositories and their role in the financial marketplace

7th Annual Cross-Border Distribution Conference - European Convention Centre Luxembourg

Apex Supporting Clients/Asset Managers with MiFID II Challenges REGULATORY UPDATE: MARCH 2017

Technical Brief for Investment Funds

Understanding the Global Legal Entity Identifier (LEI) System DECEMBER 2015

Summary of the Volcker Rule Study Hedge Funds and Private Equity Funds

Roadmap to the Dodd Frank: Rulemakings, Studies, and Reports

BVI position on the Assessment Methodologies for Identifying Non-Bank Non-Insurer Global Systemically Important Financial Institutions

Regulatory Change Management

Are CCPs the new Too Big To Fail?

THE OECD AND ITS ROLE IN INTERNATIONAL REGULATORY RESPONSES TO THE FINANCIAL CRISIS

Newsletter. Financial Sector. September 2016 CONTENTS. Grant Thornton BPO Solutions for FATCA / CRS / QI

POST-TRADE SERVICES USERS AND PROVIDERS EUROPEAN POST TRADING FORUM Brussels, 04 March Photo under CC via Flickr

The Volcker Rule: Implication for Private Fund Activities

CCP WORKSHOP: THE FUTURE OF SECURITIES FINANCE TRANSACTIONS

Foreign Exchange, Money Markets and Derivatives

What should be of interest in Dodd-Frank to non-u.s. banks wanting to do business in the United States?

Emerging from the Crisis Building a Stronger International Financial System

Interest Rate Hedging for Real Estate Finance Transactions

Regulatory Reform and the Changing Landscape of Banking. Ronald Anderson London School of Economics

COMMISSION IMPLEMENTING DECISION (EU) / of XXX

SIFIs: What remains to be done? A host-country perspective

Five Years after Lehman s Collapse: Where are we going to?

September 14, Dear Mr. Kirkpatrick:

COOPERATION AND THE EXCHANGE OF INFORMATION ON FINANCIAL TECHNOLOGY INNOVATION

November 15, Securities and Exchange Commission Commodity Futures Trading Commission 100 F Street, NE Three Lafayette Centre

Financial Stability Oversight Council Reform Agenda

State Street Corporation

Mr. Christopher Kirkpatrick September 28, 2017 Page 2 of 4 Registered funds are subject to CFTC regulation in two separate capacities. First, funds ar

Investor protection with PRIIP-KID regulation: time pressure increases

How to index invest in the new world

Regulatory Landscape and Challenges

Review of the Markets in Financial Instruments Directive. Questionnaire on MiFID/MiFIR 2 by Markus Ferber MEP

Key Dodd-Frank Regulatory Issues for International Banks: Over-the-Counter Derivatives and the Volcker Rule

Dodd-Frank for Foreign Financial Institutions

- Regulatory Updates. CME Group Customer Forum. Spring Singapore April 12 Hong Kong April 14 London April 28 U.S.

Financial Reforms Completing the job and looking ahead

President Signs Dodd-Frank Reform Legislation

Cross-border banking regulating according to risk. Thorsten Beck

Complying with Impartial Conduct Standards under the DOL s Fiduciary Rule

FSB- G20 - MONITORING PROGRESS the United States September 2011

Session 3: Capital market development I (Developing domestic capital markets) Presentation. Capital Markets. David Adelman

Comment Letter to CSA Consultation Paper OTC Central Counterparty Clearing

The Big Picture: EU's Financial Regulation Offensive

Positioning for change. US financial reform six months later

Challenges in Global Regulatory Reform

EACH response to the ESMA discussion paper Draft RTS and ITS under the Securities Financing Transaction Regulation

To G20 Finance Ministers and Central Bank Governors

Developments on the EU Financial Services Legislative agenda

Recovery and Resolution Planning Progress& Resolution Work I

Certified Basel iii Professional (CBiiiPro) Official Prep Course Part A. Basel iii Compliance Professionals Association (BiiiCPA)

Speaker. Sandrine Leclercq Director Advisory & Consulting Deloitte Luxemburg E: T:

International Finance

US Alternative Investment Management: Dodd-Frank and Foreign Private Advisers

PLI Advanced Swaps & Other Derivatives 2016 Clearing Panel. Customer Funds Segregation for Cleared Derivatives Under the CEA Framework

APPENDIX A. The U.S. Department of Treasury s Blueprint for a Modernized Financial Regulatory Structure: Summary and Issues

Transcription:

Managing the Managers: International Coordination of Financial Supervision Barbara Novick, Vice Chairman May 2017 The opinions expressed are as of May 2017 and may change as subsequent conditions vary.

Financial Regulatory Reforms since 2008 Key Pieces of Financial Legislation / Regulation Basel Accords Solvency II Volcker, Vickers, Liikanen Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 European Market Infrastructure Regulation (EMIR) Markets in Financial Instruments Directive (MiFID II / MiFIR) SEC Reform of Money Market Funds (2010 and 2014) OCC Reforms for Short Term Investment Funds (STIF) in 2012 ESMA Guidelines on Money Market Funds in 2010 ESMA Guidelines on ETFs and other UCITS issues in 2012 Alternative Investment Fund Managers Directive (AIFMD) SEC Rules on Reporting, Liquidity Risk Management, and Swing Pricing in 2016 Key Reforms Bank Capital, Stress Testing & Liquidity Rules OTC Derivatives Rules Improved Cash Investing Rules Private / Alternative Funds Reporting & Registration Mutual Fund Rules & Reporting 2

Post-Crisis Regulatory Reporting Requirements for Asset Management US Form PF Form PQR Form PR Form N-CR Form N-MFP LQR reporting to SEC Form N-PORT Form N-CEN Form N-LIQUID Europe AIFMD MiFID II PRIIPS SRD EMIR SFTR MMFR Private fund reporting to SEC Private fund reporting to CFTC Reporting for commodity futures advisors to CFTC Money market fund reporting on material events and sponsor support Monthly money market fund reporting on portfolio holdings Monthly mutual fund reporting to SEC on portfolio holdings Annual mutual fund reporting to SEC on census-type information Mutual fund reporting if level of illiquid assets exceeds 15% of net assets Private fund reporting Pre- and post-trade reporting Pre-contractual disclosure reporting for retail products Reporting on portfolio holdings, turnover, and costs Derivatives transaction reporting Securities finance transaction reporting Reporting for cash funds on portfolio holdings and more 3

Executive Order on Principles for Regulating the US Financial System a) Empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth; b) Prevent taxpayer-funded bailouts; c) Foster economic growth and vibrant financial markets through more rigorous regulatory impact analysis that addresses systemic risk and market failures, such as moral hazard and information asymmetry; d) Enable American companies to be competitive with foreign firms in domestic and foreign markets; e) Advance American interests in international financial regulatory negotiations and meetings; f) Make regulation efficient, effective, and appropriately tailored; and g) Restore public accountability within Federal financial regulatory agencies and rationalize the Federal financial regulatory framework. Source: Presidential Executive Order on Core Principles for Regulating the United States Financial System (Feb. 3, 2017), available at https://www.whitehouse.gov/the-pressoffice/2017/02/03/presidential-executive-order-core-principles-regulating-united-states. 4

Presidential Memorandum for the Secretary of the Treasury regarding the Financial Stability Oversight Council it is important to ensure that these processes for making determinations and designations promote market discipline and reduce systemic risk. It is equally important to ensure that, once notified by FSOC that it is under review, any entity under consideration for a determination or designation decision is afforded due, fair, and appropriately transparent process I hereby direct the Secretary of the Treasury to take the following actions: i. Report on FSOC Processes. ii. iii. Evaluation and Review of the FSOC. Temporary Pause of Determinations and Designations. Source: Presidential Memorandum for the Secretary of the Treasury regarding the Financial Stability Oversight Council (Apr. 21, 2017), available https://www.whitehouse.gov/the-pressoffice/2017/04/21/presidential-memorandum-secretary-treasury. 5

CHOICE Act Targets specific aspects of Dodd-Frank Act while keeping many sections intact. Major changes to Too Big to Fail remedies: Increased capital vs. increased regulation Bankruptcy instead of orderly liquidation authority Eliminate FSOC non-bank SIFI designations Significant changes to other sections: Restructure FDIC into five person commission; change CFPB and FHFA governance Eliminate Volcker Rule Eliminate Office of Financial Research Increase penalties for bad conduct Largely untouched: Title VII OTC Derivatives Reforms Private fund adviser registration Custody Rule Based on CHOICE Act 2.0 as of Apr. 2017. 6

CFTC Agenda The CFTC must reinterpret its regulatory mission through the following three-part agenda: I. Fostering economic growth II. III. Enhancing US financial markets Right-sizing its regulatory footprint J. Christopher Giancarlo, Acting Chairman, CFTC, Remarks before the International Futures Industry Conference, Mar. 15, 2017 Potential CFTC areas of focus: Facilitate new derivatives market technologies and trading methodologies Enhance cross-border engagement and equivalence regimes Revisit regulatory framework for swaps trading to address fragmentation 7

SEC Agenda I firmly believe that: I. Well-functioning capital markets are important to every American; II. III. All Americans should have the opportunity to participate in, and benefit from, our capital markets on a fair basis, including being provided accurate information about what they are buying when they invest; and There is zero room for bad actors in our capital markets. Jay Clayton, Chairman, SEC, Statement before the Senate Banking Committee, Mar. 23, 2017 Potential SEC areas of focus: Capital formation Establish fiduciary standard Revisit series of SEC rules for asset management Propose ETF rule Reconsider electronic delivery to mutual fund shareholders 8

Current Focus of Global Standard Setting Bodies FSB Bank Capital and Liquidity CCP Resolution Framework for Review of Regulation Stress Testing Compensation Schemes FinTech Climate Change IOSCO CCP Resilience and Recovery Liquidity Risk Management for Funds Use of Derivatives and Leverage for Funds Data Privacy and Data Gaps Financial Innovation CPMI CCP Resilience and Recovery OECD Base Erosion and Profit Shifting (BEPS) Infrastructure Investment Investment Stewardship IMF Global Financial Stability Report Financial Sector Assessment Program 9

Conclusions Global standards can reduce regulatory arbitrage. Harmonization of data reporting would benefit everyone. The tsunami of regulation already passed is difficult to digest. The cumulative impact of regulation has not been assessed. Constructive outcomes require participation and input from practitioners. Source: BlackRock. As of Apr. 2017. The opinions and views expressed here are those held by the author as at the time of publication, which are subject to change and are not to be taken as or construed as investment advice. 10

Important Notes This presentation represents the views of BlackRock and is intended for educational purposes to discuss topics related to public policy matters and issues helpful in understanding the policy and regulatory environment. The information in this publication should not be construed as research or relied upon in making investment decisions with respect to a specific company or security or be used as legal advice. It should not be construed as research. Any reference to a specific company or security is for illustrative purposes and does not constitute a recommendation to buy, sell, hold or directly invest in the company or its securities, or an offer or invitation to anyone to invest in any BlackRock funds and has not been prepared in connection with any such offer. This material may contain forward-looking information that is not purely historical in nature. Such information may include, among other things, projections and forecasts. There is no guarantee that any forecasts made will come to pass. The opinions expressed herein are as of May 2017 and are subject to change at any time due to changes in market, economic or other conditions. The information and opinions contained herein are derived from proprietary and non-proprietary sources deemed by BlackRock to be reliable, but are not necessarily all inclusive and are not guaranteed as to accuracy or completeness. No part of this material may be reproduced, stored in any retrieval system or transmitted in any form or by any means, electronic, mechanical, recording or otherwise, without the prior written consent of BlackRock. This publication is not intended for distribution to, or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. This material is for use in the US only. This material contains general information only. 2017 BlackRock. All rights reserved. BLACKROCK is a registered trademark of BlackRock. All other marks are property of their respective owners. 11