Regulation


Pressure Mounts against Operation Choke Point (Oct. 15, 2014)

DOJ’s Operation Choke Point, which encourages financial institutions to scrutinize clients that process payments for certain types of businesses, continues to draw criticism from lawmakers and industry advocates, who argue that the policy is harmful to legitimate, legal businesses.

Finance made social

The social contract between the banking system and society is fundamentally broken. We deserve a financial system that we can all be proud of, one that is fairer and more sustainable than the current iteration.

EC lending plans could resurrect securitisation market

The European Commission has introduced new rules designed to encourage investment and trigger liquidity – including the use of “high quality” securitisation. The move has been welcomed cautiously by experts, despite the controversial role of securitisation in the financial crisis.

NYSE defends controversial “retrograde” self-regulation plan

Financial market participants have criticised plans for the New York Stock Exchange to begin monitoring itself through its non-profit division, NYSE Regulation, describing the move as a “retrograde step” that will never work in practice. NYSE is currently monitored by FINRA, an independent organisation.

N.J. Bill Eliminating Data Collection Requirement

New Jersey legislation (A3480) introduced last June, which would eliminate the need to collect consumer data when purchasing GPR prepaid cards, was advanced last week by the Assembly Consumer Affairs Committee and has been referred to the Assembly Appropriations Committee.

Cool it on compliance, says HSBC

While banks want to root out fraudulent activity as much as governments do they “need to take the temperature down”, said Bob Werner, global head of financial crime compliance and group general manager at HSBC. Speaking at a panel session on trends in financial crime compliance, Werner said: “Every time something goes wrong we don’t need the scalp of a regulator or the scalp of a banker.”

… and financial warfare is unleashed

The threat of banks de-risking and exiting regions and businesses in fear of sanctions-related fines is upon us, said Juan Zarate, the ex-deputy national security advisor for combating terrorism to US President George W Bush. Zarate was speaking at a Standard Chartered session yesterday morning about his new book, Treasury Wars: The Unleashing of a New Era of Financial Warfare.

Cross border co-operation is key to the safe evolution of financial markets

Global financial markets are experiencing a paradigm shift as governments, regulators and participants recalibrate the processes and structures underpinning global finance. The challenge is to repair and remedy where needed, with dialogue between central banks, regulators and participants, but also to avoid creating fragmented markets or worse, unintentionally reintroducing risk.

EU Lawmakers Propose Tighter Regulations for Mobile Wallets (Sept. 29, 2014)

The Presidency of the Council of Ministers, the European Union law-making body, has recommended tightening regulations regarding customer authentication and protection of sensitive payment data related to mobile wallets, according to its recently released proposal of the revised Payment Services Directive.

Bitcoin: Currency or Commodity? (Sept. 29, 2014)

The U.S. Commodity Futures Trading Commission will hold a public meeting next week to discuss Bitcoin and the CFTC’s jurisdiction regarding derivatives contracts that reference the decentralized digital currency.

SEC beefs up surveillance as Barclays probe results in $72 million fine

The Securities and Exchange Commission has stepped up its drive to monitor and enforce the financial markets by implementing new surveillance tools to examine and inspect reconciliations. The deal comes as the US regulator charges Barclays with failing to build adequate compliance systems and the bank suffers a fine in the UK.

ESMA puts IT on the regulatory agenda for credit ratings agencies

The European Securities and Markets Authority has set out a series of tough new proposals for how credit rating agencies should be regulated. The proposals have reignited debate over the agencies, which have been controversial for their alleged role in the financial crisis.

Comerica wins Direct Express RFP

Comerica Bank, the incumbent issuer of the U.S. Treasury Department’s Direct Express prepaid debit card program to distribute benefits to Social Security recipients, will continue in that role under a new five-year agreement, according to a blog post published today on the department’s Website.

FCA issues considerations on the procurement of off-the-shelf technology solutions

The Financial Conduct Authority has recently issued a series of “considerations” for firms that are thinking about using third-party technology banking solutions. The considerations do not seek to tell firms how to structure their IT procurements but rather provide a useful framework for firms to demonstrate that their IT services are effective, resilient and secure.

Dark pools, market manipulation and benchmark rigging top risks warns report

Regulators in the US and Europe are stepping up investigations into dark pool activity, market abuse and manipulation of financial benchmarks following a spate of damaging incidents in recent months. Tougher regulatory oversight could have a significant impact on all three areas, according to a new report by financial services technology provider SunGard.

Moral hazard: the ghost of bail-outs past

The bailout of Espirito Santo Bank brings back unwelcome memories of the events of the last financial crisis and raises the spectre of moral hazard returning to the financial services industry both in the UK and abroad. But how far have we really come since those dark days of 2008 and the collapse of Lehman Brothers and how far do we still have to go? A quick look at recent events gives us a good indication.

Faisal Bank gets to grips with Islamic risks

As demand for Islamic banking services continues to rise, Faisal Islamic Bank of Egypt has overhauled its risk management to better handle the unique needs of ethical banking.

NACS Merchants Challenge Fixed Cost Component, Relent on Network Routing (Aug. 25, 2014)

The merchant groups embroiled in a long-running legal battle over debit interchange fees have petitioned the U.S. Supreme Court to review the case on the grounds that the Federal Reserve improperly took into account certain costs incurred by card issuers when calculating debit interchange fee limits. However, the retailers have not challenged a separate rule governing the number of unaffiliated debit card networks that must be available for debit and prepaid card transactions, which is good news for card issuers because it gives much longed-for certainty around a challenging issue.

Trading automation, regulations, and systemic risk

The financial services industry has always pursued technical supremacy. But after years of financial crisis and attempted reforms to improve the transparency and understanding of risk exposure in financial services, we seem as much in the dark as ever …

Standard Chartered NY forced to suspend clearing following AML concerns

Standard Chartered Bank’s New York business has been ordered to suspend US dollar clearing services to retail clients of the bank in Hong Kong, following an investigation by the New York State Department which determined its transaction monitoring system does not meet anti-money laundering requirements.

FX industry calls for greater accountability on IBOR benchmarks

ACI, the foreign exchange industry body, has called for the adoption of a new Model Code for sell-side and buy-side firms on financial benchmarks, to harmonise codes of conduct and prevent a recurrence of the Libor and other recent rate fixing scandals.

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