Wednesday, April 2, 2014

Asia Regulatory Review | 25 March - 01 April 2014

ASIFMA Asia Regulatory Review



25 March - 01 April 2014 | Issue 197
Spotlight
China will further improve management and tax policies for the Qualified Foreign Institutional Investor (QFII) programme to attract more foreign investment into the country's capital markets, the securities regulator said on Friday. (Reuters)
Global regulators aim to crack two of the biggest barriers to ending "too big to fail" banks by the end of this year, Financial Stability Board Chairman Mark Carney said on Monday. Regulators are putting in place a complex jigsaw of rules and mechanisms to wind down failed banks without the massive market fallout seen when Lehman Brothers went under in 2008. (Reuters)
Update

CHINA
The People's Bank of China said Friday that it will expand over-the-counter bond trading to increase the range of options available to retail investors. Banks will now be able to offer bonds issued by state development banks and quasi-government agencies such as China Development Bank, policy banks and China Railway Corporation, the PBOC said in a statement. (MNI News)
Renminbi clearing in Frankfurt
To mark Chinese President Xi Jinping's visit to Berlin, the Deutsche Bundesbank and the People's Bank of China (PBoC) have signed a memorandum of understanding regarding the clearing and settlement of payments denominated in the Chinese renminbi in Frankfurt. Both central banks have agreed to intensify their cooperation in clearing and settlement arrangements of renminbi payments. They also laid the groundwork for establishing a clearing bank.
Chancellor welcomes landmark agreement on London renminbi clearing and settlement arrangements
The Bank of England and the People's Bank of China (PBoC) have agreed to sign a Memorandum of Understanding (MoU) on renminbi (RMB) clearing and settlement in London. The MoU will be signed in London on 31 March 2014 and will set out the cooperation between the Bank and PBoC relating to the operations of the RMB clearing and settlement service in London.
Local CBRCs clear interbank business (Chinese Only)
Recently, various local banking regulatory bureaus issued notices to banks to clear their interbank business. The required interbank business reform mainly includes four areas: first is about the reform of business process and procedures, including tenor and credit granting management; second is about organizational reform. Interbank business shall be operated and managed by a specialized department of bank's head office. Other departments and branch institutions can no longer operate interbank business and branch institutions cannot engage in interbank business, such as asset transfer, selling repurchase and buying resale ; third is about clearing interbank business products, namely product authorization and management scope; and fourth is about IT system reform, the system should strengthen management on interbank data quality. Meanwhile, the banking regulatory bureaus will also conduct inspection on interbank business risks. (NAFMII Newsletter)
CSRC issues pilot administrative measures for preferred shares (Chinese Only)
The measures is amended in the following main aspects: first, it adds a new provision that "listed companies are not allowed to issue preferred shares that can be converted to ordinary shares". Meanwhile, commercial banks can issue preferred shares which can be converted into ordinary shares upon the occurrence of trigger events via private placement; second, in terms of issue conditions of preferred shares, listed companies that mull to issue preference shares shall satisfy the condition that their average annual distributable profits in the last three fiscal years should be no less than the dividends of preferred shares in one year; third, the measures allows listed companies to issue preference shares via private placement by taking the form of shelf offering; fourth, the measures stipulates that when the number of qualified investors is calculated, should an asset management institution and its two or more products under its management buy or transfer preferred shares, they should be deemed as one investor; and fifth, a new provision is added in the measures that the par value per preferred share is rmb 100. (NAFMII Newsletter)
China's external debt on the rise
China's outstanding foreign debt had hit 863.2 billion U.S. dollars by the end of 2013, up 17 percent from the figure in the previous year, data from the country's forex regulator showed on Monday. The amount does not include the outstanding external debt of the Hong Kong and Macao special administrative regions or that of Taiwan, the State Administration of Foreign Exchange (SAFE) said in a statement on its website. (Xinhua)
Shanghai has rolled out new incentives to show is resolve to deepen economic reforms and further encourage the city's state-owned enterprises to venture abroad. But these efforts might expose the industrial giants to risks amid a clutch of reckless overseas acquisitions and the establishment of new production facilities abroad. (SCMP)
China vows joint efforts on securing cyberspace
A Foreign Ministry spokesman vowed on Monday that China will work with the international community to build a peaceful, secure, open and cooperative cyberspace. Spokesman Hong Lei made the remarks at a regular press briefing when asked to comment on a speech by U.S. Defense Secretary Chuck Hagel on cyberspace. "The United States does not seek to militarize cyberspace," said Hagel at the National Security Agency (NSA) headquarters at Fort Meade, Maryland on Friday. (Xinhua)
China to chase tax evaders with own version of US foreign account law
China is expected to introduce its own version of the new US tax law that requires financial institutions around the world to provide Washington with information on US taxpayers, analysts say. Such a law would make it more difficult for corrupt Chinese officials and their relatives to park their wealth in Hong Kong. (SCMP)
HONG KONG
HKMA publishes quarterly bulletin for March 2014 and half-yearly monetary and financial stability report
The Hong Kong monetary authority has published the march 2014 issue of its quarterly bulletin and half-yearly monetary and financial stability report. The issue contains a feature article reviewing the Hong Kong debt market in 2013. The half-yearly report provides detailed analyses of the global and local economy, the monetary and financial conditions of Hong Kong, and the assessment of the recent performance and risks of the local banking sector.
Hong Kong and US sign tax information agreement
The Secretary for Financial Services and the Treasury, Professor K C Chan, signed today (March 25) in Hong Kong on behalf of the Hong Kong special administrative region government an agreement with the United States of America (US) for Exchange Of Information (EOI) relating to taxes. The consul-general of the US to Hong Kong and Macau, Mr Clifford a Hart, Jr, signed on behalf of his government.
SINGAPORE
Senior Management Changes at MAS
The Monetary Authority of Singapore announced the following changes to its senior management team: The changes will take effect on 1 April 2014.
INDIA
The Reserve Bank of India will allow the standalone primary dealer's exposure limit to a qualifying central counter party (QCCP) for an over-the-counter derivative transaction, to be outside of the existing 25 percent limit of its net owned funds from April 1. (Reuters)
Implementation of Basel III Capital Regulations in India - Capital Planning
In terms of Basel III Capital Regulations issued by the Reserve Bank of India, the Capital Conservation Buffer (CCB) is scheduled to be implemented from March 31, 2015 in phases and would be fully implemented as on March 31, 2018. It has been decided that the implementation of CCB will begin as on March 31, 2016. Consequently, Basel III Capital Regulations will be fully implemented as on March 31, 2019.
No call taken yet on new bank licences by Reserve Bank of India: Election Commission
The Election Commission has not taken a decision on the Reserve Bank's request to move ahead with a proposal to grant new bank licences. According to sources, the matter is still under consideration of the Commission, which met today, and a decision will be taken shortly.Last week, Election Commissioner H S Brahma had said the request would most likely be taken up by the Election Commission on March 31. (Economic Times)
Sebi to study surveillance systems in overseas markets
With an aim to strengthen its surveillance functions to detect fraudulent and manipulative activities, Sebi is planning to study market intelligence infrastructure and techniques of regulators in the US, UK, Australia and Hong Kong. The proposed study will also include the best practices followed in developed markets for surveillance of algorithmic and high frequency trading, an area which has been a matter of concern not only for India but also for many others. (Economic Times)
JAPAN
Japan CPI suggests lingering deflation pressure
Core inflation in japan was unchanged in February from a month earlier, suggesting the government's campaign to haul the country out of deflation remains at a delicate stage. The weaker yen engineered by prime minister shinzo abe - in tandem with central bank governor haruhiko kuroda - has been the primary force behind japan's rapid pick-up in consumer price inflation over the past year. (FT)
FSA and European Commission hold Japan-EU High Level Meeting on Financial Issues
On March 28, 2014, the Financial Services Agency, the European Commission and European Supervisory Authorities held the Japan-EU High Level Meeting on Financial Issues in Brussels.
FSA publishes an English translation of Comprehensive Guidelines for Supervision of Financial Market Infrastructures
As part of the efforts toward "better regulation", the Financial Services Agency (FSA) has been enhancing dissemination about important policies of information in English translations.
Drawing Lines on Japan's Economic Map
To keep momentum going, Japan needs fundamental reforms aimed at boosting the anemic long-term growth rate. Japan's new special economic zones, the borders of which were revealed last week, are the next opportunity. The zone areas are vast and include Japan's two biggest metro areas of Tokyo and Osaka. Two rural areas are also included for agricultural reforms, and the scenic island of Okinawa will be a test site for policies to attract tourists. (WSJ)
AUSTRALIA
The Board decided to leave the cash rate unchanged at 2.5 per cent. Growth in the global economy was a bit below trend in 2013, but there are reasonable prospects of a pick-up this year.
Joe Hockey, states agree on 'Asset Recycling'
Treasurer Joe hockey has clinched a deal with his state counterparts, offering new incentive payments for the states to sell off their government - owned assets and redirect the proceeds into productive infrastructure. (The Australian)
NEW ZEALAND
IMF: New Zealand - 2014 Article IV Consultation

Concluding Statement: Growth prospects have improved for the near term. Business and consumer confidence is strong and commodity prices for key exports remain high. With excess capacity largely exhausted the Reserve Bank has begun tightening monetary policy. The government's plan to return the budget to surplus is on track. The main external threat to the outlook continues to be a sharp slowdown in China.
SOUTH KOREA
KRX launches gold spot market
Following a joint initiative announced in 2013 to facilitate transparent, electronic trading of spot gold on a regulated exchange, the Korea exchange has launched its first gold spot market effective from 24 march 2014. The krx will be responsible for the market operation, trading and clearing of the new market while Korea Securities Depository will manage storage / withdrawal of gold and Korea minting, securities printing and ID card operating corporation (KPMSCO) will provide quality certification and inspection.

INTERNATIONAL
IMF: Big Banks Benefit From Government Subsidies

Reforms since the global financial crisis have reduced, but not eliminated the implicit government subsidy afforded to banks considered "too important to fail" because their failure would threaten the stability of the financial system. In its latest analysis for the Global Financial Stability Report, the IMF shows that big banks still benefit from implicit public subsidies created by the expectation that the government will support them if they are in financial trouble.
IMF: Emerging Markets Can Manage Evolving Mix of Global Investors
The mix of investors in emerging markets stocks and bonds has evolved considerably over the past 15 years, which has made capital flows and asset prices in these countries more sensitive to events outside their own borders, according to new research from the International Monetary Fund.
Basel Committee sets out new approach for measuring counterparty credit risk exposures
The Basel Committee has today published a final standard on the treatment of derivatives-related transactions in its capital adequacy framework. The standardised approach for counterparty credit risk will take effect from 1 January 2017.
At its meeting in London, the Financial Stability Board discussed vulnerabilities affecting the global financial system and reviewed work plans for completing core financial reforms.
UNITED STATES
Yellen strongly defends easy Fed policies, cites US labor slack
Federal Reserve Chair Janet Yellen gave a strong defense of the central bank's easy-money policies on Monday, saying its "extraordinary" commitment to boosting the economy, especially the still struggling labor market, will be needed for some time to come. (Reuters)
FRB Governor discusses regulation of large foreign banking organisations
Federal Reserve Board (FRB) Governor Daniel K. Tarullo has delivered a speech on the regulation of large foreign banking organisations at a Harvard Law School Symposium. His remarks focused on the vulnerabilities in the US and EU banking systems which were exposed during the 2007-2009 financial crisis. Governor Tarullo defended new regulatory rules which have been put in place to compel foreign banks to hold more capital in their US units, arguing that the rules are necessary to protect the US financial system from another meltdown.
The Commodity Futures Trading Commission is preparing to impose additional conditions on European swaps trading platforms while granting them relief from certain U.S. rules, according to people familiar with the matter. The CFTC plans to require the European venues to implement a series of new compliance measures to bring their standards more in line with U.S. platforms, in exchange for exempting them from having to register with the commission. (WSJ)
Negotiations to create a transatlantic free trade zone risk collapsing if the EU has to drop a provision giving investors the right to seek compensation before special arbitration panels, Europe's top trade official has warned. The warning on Thursday from Karel De Gucht, the EU's trade commissioner, highlighted how, even as US President Barack Obama toured Europe this week touting the potential benefits of a transatlantic trade deal, the pact itself is facing an uphill struggle. (FT)
The Federal Bureau of Investigation is probing whether high-speed trading firms are engaging in insider trading by taking advantage of fast-moving market information unavailable to other investors. The investigation, launched about a year ago, involves a range of trading activities and is still in its early stages, according to a senior FBI official and an agency spokesman (WSJ)

EUROPE
EU Commission updates memo on European financial framework and Banking Union
The EU Commission has published an updated memo summarising the steps that have been taken to create a new financial framework for the European Union and setting out the progress that has been made in building the Banking Union.
EU Commission consults on investor protection in EU-US trade deal
The EU Commission has launched a public consultation on investor protection and investor-to-state dispute settlement in the proposed EU-US trade deal, known as the Transatlantic Trade and Investment Partnership. The EU-US negotiations for the Transatlantic Trade and Investment Partnership started in July 2013 and aim at removing trade barriers in a wide range of economic sectors to make it easier to buy and sell goods and services between the EU and the US. Comments are due by 21 June 2014.
EBA publishes final draft technical standards on liquidity requirements
The European Banking Authority has published its final draft Implementing and Regulatory Technical Standards related to liquidity requirements.
Eurozone inflation falls to 0.5% in March
The Eurostat estimate puts the inflation rate well below the European Central Bank target of just below 2%. The figure is lower than the 0.6% rate expected by analysts. The lower-than-expected rate may reinforce concerns that the 18-nation eurozone risks a damaging period of deflation. (BBC)
Bank of England says may revive securitisation to aid recovery
The Bank of England may try to revive the securitised debt market to support the economic recovery, a policymaker said on Friday, in the latest sign that products that triggered the financial crisis are being brought in out of the cold. Clara Furse, a member of the British central bank's Financial Policy Committee, said small firms are finding it hard to get loans from banks focused on meeting tougher capital requirements following the 2007-09 financial crisis. (Reuters)
Financial Conduct Authority to investigate how firms deal with risk benchmark manipulation
The Financial Conduct Authority has announced plans to look into how firms can reduce the risk of traders manipulating key benchmarks as a central part of its Business Plan for 2014/15, which was published. The forward-looking thematic review will assess whether firms have learnt lessons from LIBOR and other recent controversies and ask if adequate controls on traders behaviour and activity are now in place to prevent future manipulation of benchmarks.

Features




Data


Australian ABS Performance

Australian Infrastructure Industry

Basel III Capital Securities in Singapore

China's Reform for Chinese Banking System

Chinese Corporates Outlook after National People's Congress


Fitch

Qualitative Factors Still Key for US Bank Capital Review

China Growth, Fed Tapering Risks Turn More Urgent in APAC

Fitch Affirms Philippines at 'BBB-'; Outlook Stable

Fitch Affirms Australia at 'AAA'; Outlook Stable


Standard & Poor's
Largely Stable In Asia-Pacific, With A Dash Of Negative And A Focus On China's Financial Sector Risks

Despite Our Steady Growth Forecasts In Asia-Pacific, China's Financial Risks May Be A Wrench In The Works

Chaori's Default Highlights The Need For Institutional Framework Improvements In China's Debt Capital Market
Preferred Share Issuances May Improve The Capitalization Of Major Chinese Banks



Clifford Chance
FATCA IGA Status


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