Friday 6th May 2016
NEWS TICKER: NEWS TICKER: Generali Real Estate has acknowledged the resignation of Christian Delaire from his role as Chief Executive Officer and General Manager of the company. With immediate effect, the firm’s board has appointed Francesco Benvenuti as interim general manager. Benvenuti, who also holds the position of group investments chief operating officer within Group Investment Management, will retain his current role - INFRASTRUCTURE INVESTMENT - Infracapital, the infrastructure investment arm of M&G Investments, has made an agreement to acquire an 80% stake in a Private Public Partnership (PPP) portfolio from Società' Italiana Per Condotte d'Acqua SpA (Condotte), the third largest construction company in Italy. The portfolio comprises both operational and greenfield assets that will provide core public services in the health, transport and security sectors. The portfolio, with a total capital value of over €700m, has an attractive risk-return profile, providing institutional investors with predictable cash flows for over 20 years. Italy is one of the largest PPP markets in Europe and offers numerous opportunities in the social infrastructure space. Andy Matthews, greenfield director, Infracapital, says: “This transaction provides Infracapital with a high-quality platform of PPP projects in Italy, a country which has successfully embraced the PPP model and offers numerous opportunities in the social infrastructure space —TURKEY After a generally benign April, when it looked as if emerging markets had turned a corner May has come in like a lion and once again (in aggregate) the segment has fallen in six straight sessions. Turkey is on the brink of a constitutional battle, which no doubt will be won by President Tayyip Erdogan, who wants to create a lifelong executive presidency. Investors are not crazy about the idea, the upshot being that S&P will likely cut Turkey's rating at least one notch deeper into junk later on Friday. The lira is set to end the week around 4.3% weaker against the dollar. The stock market was down 0.9% today and is on course for the biggest weekly drop since June 2013, with losses of over 8%. Local 10-year bond yields remain at one-month highs while Turkish five-year credit default swaps (CDS) are at 269 basis points (bps), hovering near a two-month high according to Markit. It is also unlikely that Europe will look upon Erdogan’s insistence on dominating all parts of Turkish economic and political decision making. Certainly it has proved too much for Turkey’s moderate prime minister Ahmet Davutoglu, who says he now wants to stand down at the upcoming AK Party congress later this month; though it is likely he was pushed into the decision as the president stripped the premiership of much of its power and authority. The resignation means Erdogan has tightened his control of Turkey and is likely to install a more obedient prime minister. It will weigh heavily on European legislators who are already ambivalent about bringing the country closer into the European fold. Erdogan has timed his move to dominate Turkish polity well: the country is dealing with a number of rising problems, including a resurgent conflict with the Kurdistan Workers’ Party (PKK), bombings by extreme Islamic groups and the influx of more than two and half million migrants and refugees. Davutoglu had led talks with Europe to limit the number of refugees flowing across its border in return for accelerated EU accession talks and financial aid. That stance reportedly did not gel with the president who wants a more fluid relationship with Europe; so it will be interesting to see what happens now. —EM TRADING SESSION – Australia’s ASX All Ordinaries was up a marginal 0.26% today, the only index that did not take a hammering today. The Shanghai Composite fell 2.82%, its biggest one-day fall in more than two months as investors began to worry about the country’s growth prospects again. The Hang Seng fell 1.66%, while India’s Sensex was down 0.13%. The Japanese market fell 0.25%, not great, but not the hammering the market has taken in recent days. The Taiwan TSEC50 was also down 0.26%. Russian dollar-denominated stocks slipped 1.3% and South African stocks lost 0.7%. Russian rouble and Kazakh tenge losing 0.5% and the South African rand down 0.3%. Kazakhstan's central bank cut its main policy rate to 15% (FROM 17%) yesterday explaining the move as easing pressure on the tenge and lower inflation risks. Emerging markets FX and index losses are attributed to weak commodity markets, with copper set for its largest weekly loss since early 2015, and a plunge in steel and ore prices. The reality is though that while investors keep pushing for ever looser central bank policy on interest rates it is not actually helping growth anywhere, nor is it encouraging inflation. A change in thinking is needed, but investors haven’t locked on to that yet and it is difficult to see how much further they can reasonably expect central banks to move to accommodate investor preferences, particularly as it is clear that asset allocation strategies are undergoing systemic change, but that argument’s for another day– ENERGY - Oil prices have also lost almost 7% this week, falling 1% today as Brent took its first weekly loss for just over a month. Prices are now back below $45 a barrel as investors reported took profits against the recent rise in prices (up 20% on a month basis). Reuters reports Brent futures LCOc1 were down 24 cents at $44.77 a barrel at 0848 GMT. WTI futures CLc1 traded at $44.07, down 25 cents day on day – USA – Of course everyone is looking towards today’s non-farm payroll data. Based on yesterday’s insurance claim data, there won’t be much change, but investors will be looking for a marginal improvement. However, they might be missing the mainline story which is that 59 US oil and gas companies have now declared bankruptcy this year, the latest candidates to file being Midstates Petroleum and Ultra Petroleum as oil prices have plummeted by over 60% since the summer of 2014. These are big numbers and ratings firms look to expect the overall number to double by year end. To put this in context, 68 firms filed for bankruptcy at the height of the dot.com bust back in 2002/2003. Significantly, the bankruptcies are not set against a backdrop of consolidation in the sector with M&A activity in energy at an all-time low. Moreover, many US energy firms are debt laden, with investors exposed to high yield bonds in the segment facing the risk that they will lose money.

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IOSCO publishes its final report on International Standards for Derivatives Market Intermediary Regulation

Wednesday, 06 June 2012
IOSCO publishes its final report on International Standards for Derivatives Market Intermediary Regulation The International Organisation of Securities Commissions has published today a report entitled International Standards for Derivatives Market Intermediary Regulation, which recommends high-level international standards for the regulation of market participants that are in the business of dealing, making a market or intermediating transactions in over-the-counter (OTC) derivatives. Historically these derivatives market intermediaries (DMIs) often have not been subject to the same level of regulation as participants in the traditional securities market. Without sufficient regulation, some DMIs operated in a manner that created risks to the global economy that manifested during the financial crisis of 2008.  http://www.ftseglobalmarkets.com/

The International Organisation of Securities Commissions has published today a report entitled International Standards for Derivatives Market Intermediary Regulation, which recommends high-level international standards for the regulation of market participants that are in the business of dealing, making a market or intermediating transactions in over-the-counter (OTC) derivatives. Historically these derivatives market intermediaries (DMIs) often have not been subject to the same level of regulation as participants in the traditional securities market. Without sufficient regulation, some DMIs operated in a manner that created risks to the global economy that manifested during the financial crisis of 2008. 

In 2009, the leaders of the G-20 committed to reforms in the over-the-counter (OTC) derivatives market to improve transparency, mitigate systemic risk, and protect against market abuse. The intent of this new report by IOSCO is to help further these objectives by providing high-level international standards for the regulation of market participants that are in the business of dealing, making a market or intermediating transactions in OTC derivatives (OTC derivative market intermediaries, or DMIs). IOSCO is the leading international policy forum for securities regulators is recognised as the global standard setter for securities regulation.  The organization's membership regulates more than 95% of the world's securities markets in 115 jurisdictions and its membership continues to expand.

Historically, market participants in the OTC derivatives market have, in many cases, not been subject to the same level of regulation as participants in the traditional securities market. This lack of sufficient regulation allowed certain participants to operate in a manner that created risks to the global economy that manifested during the financial crisis of 2008. This Report focuses on the regulation of DMIs, taking into account the distinctions between the OTC derivatives market and the traditional securities markets, and the differences in jurisdictional approaches of international market authorities. The recommendations in the Report are intended to address:



 DMI obligations that should help mitigate systemic risks;

 Requirements intended to manage counterparty risk in the OTC derivatives markets; and

 Protecting participants in the OTC derivatives markets from unfair, improper or fraudulent practices.

In particular, the report focuses on the market participants who should be regulated as DMIs, given their type and level of involvement within the OTC derivatives market, and describes the substantive areas that generally comprise regulation. The regulation of DMIs should be primarily focused on areas where capital, counterparty or client money and public confidence may be most at risk.

The report provides a description and definition of the market participants who should be considered DMIs, including a discussion of the characteristics distinguishing DMIs from traditional securities market intermediaries.  Moreover, the report makes recommendations covering :

 Registration/licensing standards;

 Capital standards or other financial resources requirements for non-prudentially regulated DMIs;

 Business conduct standards;

 Business supervision standards; and

 Recordkeeping standards.

Cross-border consistency among market authorities with respect to the regulation of DMIs is essential to successful oversight of the global OTC derivatives market particularly because many DMIs operate in multiple jurisdictions.  

The report draws on the extensive work IOSCO has done on traditional securities market intermediaries, in an effort to harmonize the recommendations applicable to DMIs and to avoid the creation of unnecessary burdens on entities that act as both traditional securities market intermediaries and DMIs.  

Consistency among market authorities with respect to the regulation of DMIs is essential to the successful oversight of the global OTC derivatives market particularly because many DMIs operate in multiple jurisdictions.

The report makes some 15 or so specific recommendations, which include the following:

1. DMIs should generally include those who are in the business of dealing, making a market or intermediating transactions in OTC derivatives. However, DMIs should not include end-users and market participants who enter into OTC derivatives transactions but are not engaged in the business of dealing, making a market or intermediating transactions.

2. DMIs should be subject to registration or licensing and applicable substantive regulations and/or requirements and standards once registered or licensed in some form by the relevant market authority or authorities, recognizing that in certain limited circumstances full application of substantive regulations and/or requirements and standards may not be appropriate for certain types of entities.

3.  Registration or licensing requirements applicable to DMIs should be tailored to OTC derivatives activities.

4. The registration or licensing of DMIs should establish minimum standards and require DMIs to provide and update information with regard to their OTC derivatives activities to regulators to assist them in determining whether registration or license should be granted and/or revoked. All registering or licensing authorities should have the power to grant or reject and suspend or withdraw the registration or license of DMIs registered or licensed by such authority.

5. Relevant material information on licensed or registered DMIs should be made publically available. If a DMI registered or licensed in its home jurisdiction is carrying on OTC derivatives business in another jurisdiction in which the DMI is not registered or licensed, the market authority of the host jurisdiction in which the DMI is carrying on business should ensure that there are appropriate supervisory arrangements in place for the OTC derivatives business carried on by that DMI. These arrangements should take into account how the DMI is supervised in the host jurisdiction and any cooperative arrangements in place between the market authorities of the home and host jurisdictions. Market authorities should closely cooperate to identify overlaps, conflicts and gaps between jurisdictions with respect to cross-border issues relating to DMI supervision and to ensure that the DMI’s activities in the host jurisdiction are adequately supervised. It is further recommended that jurisdictions coordinate their approaches via multilateral or bilateral channels to reduce overlaps and conflicts, to the extent possible.

6. Market authorities should consider imposing some form of capital or other financial resources requirements for DMIs that are not prudentially regulated that reflect the risks that these intermediaries undertake.

7. DMIs should be subject to business conduct standards. These standards would include, among other things, prohibitions against fraud, misrepresentation, manipulation and other abusive practices.

8.  Business conduct requirements should be tailored, as appropriate, for the OTC derivatives market. This could be based on the reasonable assessment of the nature of the party dealing with a DMI or on the complexity of and the risk associated with the specific OTC derivatives market product or service.

9. For cleared OTC derivatives transactions, DMIs should segregate collateral belonging to clients from their own proprietary assets and employ an account structure that enables the efficient identification and segregation of positions and collateral belonging to DMI clients. Where applicable and possible, DMIs should have in place procedures to facilitate the rapid transfer or porting of cleared client positions and collateral.

10. DMIs should be required to have effective corporate governance frameworks designed to ensure appropriate management of OTC derivatives activities within the DMI.

11. DMIs should be required to design supervisory policies and procedures to manage their OTC derivatives operations and the activities of their representatives.

12. DMIs should be required to maintain risk management systems and organization to properly identify and manage their OTC derivatives related business risks.

13. DMI’s management should be required to establish, maintain and apply policies, procedures and systems of control sufficient to provide reasonable assurance that the DMI and each individual acting on its behalf are competent and comply with applicable regulatory standards and the DMI’s internal policies and procedures.

14. DMIs should be required to develop and maintain an effective business continuity plan, based on their size, risks, and the nature of their operations, to allow them to mitigate, respond to and recover from business disruptions or disasters.

15. DMIs should be required to retain OTC derivatives transaction records and be able to provide them in a timely, organized and readable manner. The record retention period for OTC derivatives transactions should apply for a specified period after its termination, maturity or assignment.

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