Financial regulators and supervisors face an unprecedented workload.
In April this year, the Financial Stability Forum made 67 recommendations for action by regulators and supervisors (as well as market participants) and many of these will have to be addressed at national levels.
Recent events have further made clear that authorities must not only pay attention to systemically important ‘too big to fail’ institutions, but also to those institutions too interconnected to fail.
Yet while the crisis grabs the headlines, financial institutions are busy adopting the new Basel II capital accord and supervisors around the world are struggling to put in place the risk-based supervision framework that is required. Indeed, prompt implementation of Basel II has emerged as a key regulatory response to the crisis.
In addition, the continued proliferation of highly-levered hedge funds in global capital markets, the dramatic growth of international remittance flows and the promises and challenges of Islamic finance all pose new regulatory questions.
For some this will mean asking uncomfortable questions about the regulatory framework and how it is implemented. Demands and pressures on financial regulators and supervisors have rarely been greater.
This makes it all the more important to take a moment to pause, meet together in a unique informal and confidential roundtable format and discuss how some of the common challenges being thrown up by this evolving environment can be met.
The 2008 financial regulation seminar is designed to help supervisors to do just this. It brings together a world-class panel of regulators, academics and practitioners to evaluate the changing demands on financial-market authorities and asks how those charged with regulating can rise to meet them.
This is the tenth year in which Central Banking Publications Ltd, publisher of The Financial Regulator journal, has hosted a seminar series in Cambridge. Already, more than 1,500 public sector officials from over 110 countries have benefited these meetings at this and other venues.
I look forward to welcoming you to Cambridge on 26 August.
Yours sincerely,
Robert Pringle
Managing Director, Central Banking Publications Ltd
Tuesday 26 August
NEW SUPERVISORY AND REGULATORY CHALLENGES
Crisis response Led
by the chairmanKern Alexander
In this opening session, the chairman
will ask delegates to give a brief account of their local regulatory
system and explain the most pressing current issues affecting their
institution.
The challenge of coordinating home-host
supervision Cécile Meys Secretariat, Operational
Networking, Home-Host and MoUs, Committee of European Banking Supervisors
One of the most pressing questions is how to manage
the matrix of supervisory relationships and procedures which need to
be put in place to supervise systemically important cross-border banks.
In particular, issues concerning home-host relationships, notably regarding
model validation and the rights of host supervisors, have proven especially
tricky to resolve. This session will look at how supervisors and banks
can keep each other informed and most effectively coordinate their efforts.
Principles- versus rules-based regulation
Speaker to be confirmed
The US Treasury has called for a
major overhaul of regulation – a move from rules- to principles-based
system. This trend has captured the attention of supervisors and the
supervised alike. The UK’s FSA has also recently implemented a more
principles-based approach. What is the rationale for the increased emphasis
on principles-based regulation and what does such a shift mean in practice?
How has it changed in the light of the credit crisis? This session considers
practical requirements for undertaking the transition, and possible
strategies for overcoming challenges.
About the course chairman Kern Alexander is senior research fellow in international financial law and regulation at the Judge Business School, University of Cambridge. He is admitted to practice law in the states of Florida and Minnesota and in the District of Columbia (Washington, DC) and all relevant US federal courts. He advises a number of UK and European financial institutions concerning UK and US regulatory compliance, and the Trade in Services Division of the World Trade Organisation on regulatory issues related to cross-border trade in financial services.
Wednesday 27th August
LESSONS FROM THE CURRENT MARKET TURMOIL
Regulatory lessons from Northern Rock Simon Morris Partner, Financial Services, CMS Cameron
McKenna
A lack of effective and timely
communication between the Financial Services Authority, Bank of England
and UK government was one of the key causes of the Northern Rock collapse.
In this session, the speaker will consider why this failure of the tripartite
system occurred and will look at what lessons regulators can learn. Discussion
will focus on the specific steps regulators can take to improve controls
and tackle resource shortages in their institutions.
Basel II and capital adequacy requirements
for complex structured credit products and off-balance-sheet activities Olivier Prato Head of International Affairs Department,
Commission Bancaire (invited) That the credit crunch will have
profound implications for regulation is beyond doubt. Already, the Basel
Committee has announced enhancements to Basel II, establishing higher
capital requirements for certain complex structured credit products. The
committee also plans to strengthen the capital treatment of liquidity
facilities extended by banks to support off-balance-sheet vehicles. This
session will look at what these changes will mean in practice for regulators
and discuss the direction reforms may take.
Designing
a framework for deposit insurance Thorvald Grung Moe Senior Economist,
Norges Bank (invited)
In the UK, the run on Northern Rock highlighted the problems
with the country’s deposit insurance scheme. For regulators, the focus
must be on how to design a regime which protects consumers but does not
lead to moral hazard. Here, a critical element is the regime for dealing
with insolvent institutions and this session, led by a speaker from America’s
FDIC, will discuss questions of who should administer the scheme, its
funding and coverage.
Transparency,
disclosure, accounting and valuation rules for banks John Tattersall Special Advisor for
Policy, Federal Deposit Insurance Corporation (invited)
Partner and Chairman, Financial Services Regulatory Practice,
PricewaterhouseCoopers LLP Could greater transparency and disclosure of
structured products have prevented the credit crunch? Did mark-to-market
(or fair value) accounting help fuel the credit bubble and then catalyse
its collapse? This session considers how authorities can improve the accounting
and disclosure standards for off-balance-sheet vehicles and improve the
valuation of complex or illiquid securities. Discussion will also touch
upon issues of pro-cyclicality in accounting standards and how regulators
can tackle this challenge.
Regulation of credit rating agencies Lord John Eatwell Director of the Centre for Financial
Analysis and Policy, Judge Business School, University of Cambridge
Credit ratings and rating agencies’ business models and
practices have been heavily criticised as a result of the recent market
turmoil. Charges that they failed to warn investors about the risks of
investing in complex securities have led many to call for increased scrutiny
and supervision. Regulators are now considering the design of rules to
address potential conflicts of interest, to step up the competition among
agencies and to clearly differentiate between structured products and
corporate bonds ratings. This session will examine how a regulatory framework
for credit rating agencies might be developed and implemented in practice.
Thursday 28 August
REENGINEERING BASEL II
Adapting Basel II to national circumstances Daniel Sigrist Head of Risk Management Group, Swiss Federal Banking Commission
Should banking supervisors tailor implementation to national conditions? Like other members of the Basel committee, Switzerland is not incorporating all the approaches suggested in Basel II into its regulation. Approaches for IRB and operational and market risks are adopted from Basel II in unmodified form. However, Switzerland is additionally planning to give banks more flexibility while preventing distortions of competition at national level. The speaker will discuss the preparations and processes that the Swiss authorities have made for the Basel II accord and the rationale for banking supervisors to adjust implementation to national circumstances.
Risk measurement and Basel II Georg Junge Managing Director, Credit & Country Risk Controlling, UBS AG
The current turmoil has underscored the significance of risk management. With Basel II becoming effective in 2008, most international banks have adopted their risk models and capital calculation programmes, but unresolved questions and challenges remain. National supervisors must ensure that risk management is sufficiently forward-looking and take careful account of uncertainties associated with credit risk models. They must also make certain that institutions apply firm-wide stress tests. This session highlights Basel II implementation challenges for both banks and supervisors.
Focus on Pillars II and III Charles Freeland Former Deputy Secretary General of the Basel Committee
How can supervisory response and market discipline most effectively be operationalised with Basel II implementation? Each jurisdiction faces a variety of challenges in linking corporate governance or risk management standards to the Basel II criteria. Yet it is far from straightforward for supervisors to implement this in practice. In this session, a specialist in Basel II requirements will identify key issues for supervisors.
Workshop on Basel II implementation Kern Alexander Charles Freeland
This session will take a look at the stages of Basel II implementation in delegates’ home countries. Drawing on case studies presented by participants, this session will explore the critical issues now coming to the fore regarding supervisory coordination, as well as questions of data needs.
Friday
29th August
NEW REGULATORY DIRECTIONS
Hedge funds, trusts and corporate
vehicles Richard Pratt Richard Pratt & Partners and
former Director General, Jersey Financial Services Commission
The regulation of hedge funds, trusts
and corporate vehicles poses particular challenges for financial supervisors.
However, there is little consensus on the best regulatory approach. This
process must begin with a careful analysis of the risks which these entities
pose. Offshore centres like Jersey have been at the forefront of tackling
this kind of issue, and Richard Pratt (who until recently led Jersey’s
regulatory commission) here details how UK offshore centres have approached
the problem.
Recent years have seen an upsurge
in the issuance of and interest in Islamic financial products in markets
around globe – the UK government plans to issue its own government Islamic
bond in the near future, for instance. For regulators, the challenge is
that compliance has to be shared by the law of the jurisdiction in question
and sharia. Some compliance criteria that conventional supervision prescribes
are shared by sharia, including risk management, disclosure and competitive
pricing. Yet supervisors need to agree on the standardisation of models
used, terminology, supervisory response, and a code of good practice.
In this session, an expert on Islamic finance discusses the latest developments
in this area.
Remittances and mobile payments Dominic Peachey Senior Policy Advisor, Financial Services
Authority
Officially recorded remittances to developing countries
exceed $200 billion annually. Unrecorded transfers through informal channels
dwarf this figure. The remittance industry has recently seen the introduction
of cell phone-based remittances that have large potential to extend services
to millions of people in remote rural areas. There is however a striking
lack of clarity on key regulations. The challenge for financial authorities
is to design regulatory regimes that minimise money laundering, terrorist
financing, and general financial abuse, without increasing remittance
costs. This session considers a range of practical approaches to tackling
this.
Course round-up Led by the chairmanKern
Alexander
This final session provides the group with an opportunity
to pull together key themes and issues from the course. Delegates will
be asked to review the week’s discussions and encouraged to formulate
conclusions into an action plan to take back to their home institutions.
HOW TO REGISTER
Places on these seminars are strictly
limited and allocated on a first-come first-served basis.To register
for any of these courses, please download and print the Registration
Form (or the final page of the PDF version of the relevant
course programme), fill in the details as appropriate and fax to Central
Banking Publications on +44 20 7484 9758