On September 17, the IOSCO published a consultation paper on risk mitigation standards for non-centrally cleared OTC derivatives (CR06/2014).
The standards have been developed in consultation with the Basel Committee on Banking Supervision and the Committee on Payments and Market Infrastructures and propose nine standards whose objectives are to increase financial stability, facilitate the management of counterparty credit and other risks and promote legal certainty.
Comments are invited before the closing of the consultation on October 17. Consultation.
On September 9, IOSCO published an update to its survey on the principles for the regulation and supervision of commodity derivatives markets. The final report provides an update on IOSCO’s 2012 review of its principles for commodity derivatives markets.
Market authorities that submitted answers to the 2012 report were requested to update IOSCO as to their progress towards full implementation of the principles. The majority of respondents were broadly compliant with the principles. Where commodity derivative markets exist and market authorities acknowledged non-compliance, many of those market authorities have proposed or enacted initiatives aimed at achieving full compliance over time. Update.
On September 10, the Presidency of the Council of the EU published its first compromise proposal (dated September 9, 2014) relating to the European Commission’s proposed Regulation on indices used as benchmarks in financial instruments and financial contracts. Compromise proposal.
On September 11, the BCBS issued a report and an accompanying press release, which summarized the aggregate results of the latest Basel III monitoring exercise, using data as of December 31, 2013. The report covers analysis relating to matters including capital ratios, capital shortfalls, level of capital, composition of capital and leverage ratio.
Data, as of December 31, 2013, shows that most large internationally active banks now meet the Basel III risk-based capital minimum requirements, and capital shortfalls have been further reduced relative to the target levels.
A total of 227 banks participated in the study, comprising of 102 Group 1 banks (internationally active banks that have Tier 1 capital of more than EUR3 billion) and 125 Group 2 banks (a representative sample of all other banks). Report. Press release.
On August 28, the text of the Regulation on improving securities settlement and regulating central securities depositories (Regulation 909/2014) was published in the Official Journal of the EU. EU Regulation 909/2014.
On August 29, the UK PRA issued an update on the implementation of the Solvency II Directive (2009/138/EC), which is planned for January 1, 2016. The current PRA Update focuses on:
- the relationship between the risk margin and the calibration of non-hedgeable risks; and
- the assessment of the credit risk for matching adjustment portfolios. PRA Update.
On September 4, ESMA published the translation of guidelines and recommendations on implementing the principles for financial market infrastructures in respect of central counterparties (i.e., clearing houses) published by the Committee on Payment and Settlement Systems (CPSS) and the International Organization of Securities Commissions (IOSCO) in April 2012.
The purpose of the guidelines and recommendations is to ensure that EMIR and the regulatory technical standards made under it are fully harmonized and compliant with the CPSS and IOSCO principles. This will bring EU clearing houses into line with international standards. Guidelines.
On August 20, the Financial Stability Board (FSB) published responses to its consultation in respect of proposed reforms in the forex market. The consultation was launched on July 15 and recommended reforms relating to: (i) the calculation methodology of the WMR benchmark rates; (ii) the publication of reference rates by central banks; (iii) market infrastructure in relation to the execution of fix trades; and (iv) the behavior of market participants around the time of the major forex benchmarks.
The FSB intends to provide final conclusions and recommendations to the Brisbane G20 Leaders Summit in November 2014. Responses.
On August 19, ESMA published a list of responses received in respect of its first consultation on the clearing obligation relating to draft regulatory technical standards (RTS) for the clearing of interest rate swaps under EU Regulation 648/2012 on OTC derivative transactions, central counterparties and trade repositories (EMIR). The first consultation was published on July 11 and proposed that basis swaps, fixed-to-float interest rate swaps, forward rate agreements and overnight index swaps should be subject to central clearing.
ESMA will use the responses received to draft its final RTS which will then be subject to endorsement by the European Commission. Responses.
On August 5, IOSCO unveiled its new information repository for central clearing requirements relating to over the counter derivatives.
The purpose of the IOSCO repository is to provide both regulators and market participants with consolidated information on the clearing requirements applicable in different jurisdictions, many of which have been recently revised. Repository. News Release.