The LIAJ s Comments on. Second Consultative Document. Margin requirements for. non-centrally cleared derivatives



Similar documents
The LIAJ s Comments on the FSB's Consultative Document Strengthening Oversight and Regulation of Shadow Banking

Key learning points I

Treatment of segregated margin in the calculation of centrally cleared derivatives exposures under the Basel III Leverage Ratio

Comments on the Basel Committee on Banking Supervision s Consultative Document: Supervisory framework for measuring and controlling large exposures

Hong Kong Proposes Margin and Risk Mitigation Standards for Non-Centrally Cleared OTC Derivatives

Transactions in Financial Derivatives

Key Points. Ref.:EBF_007865E. Brussels, 09 May 2014

Proposal for the Establishment of the OTC Market for Emissions Trading ISDA Japan Emissions Trading Working Group May 2004

COMMISSION DELEGATED REGULATION (EU) /... of

Final European Standards for Derivatives Collateralisation

2010 Portfolio Management Guidelines

OTC Derivatives Market Reforms - Focusing on International Discussion-

Client Acknowledgement. Risk Warning Notice for CFDs

Introduction to Fixed Income (IFI) Course Syllabus

Disclosure 17 OffV (Credit Risk Mitigation Techniques)

Impact of Treasury s OTC Derivatives Legislation on the Foreign Exchange Market. Corporations participate in the foreign exchange market to:

Risk Management. Risk Charts. Credit Risk

EFAMA s response to the FSB s consultation on the proposed application of numerical haircut floors to non bank to non bank transactions

Statement of Financial Condition

AFG would like to stress an important issue which is the way entities enter into these operations.

OTC Derivatives: Benefits to U.S. Companies

Canadian Securities Administrators Consultation Paper on Over-the- Counter Derivatives Regulation in Canada

EC consultation on FX Financial Instruments. ECO-INV Date: 9 May Contact person: Ecofin department mihai@insuranceeurope.

STRATEGY Rīgā. Central Government Debt Management Strategy

Basel II, Pillar 3 Disclosure for Sun Life Financial Trust Inc.

Data Compilation Financial Data

PRINCIPAL GLOBAL INVESTORS FUNDS. Supplement dated 31 July for the Long/Short Global Opportunities Equity Fund

Preliminary Consolidated Financial Results for the Six Months Ended September 30, 2012 (Prepared in Accordance with Japanese GAAP)

Chapter 16: Financial Risk Management

PERMANENT HEALTH FUND FINANCIAL STATEMENTS

Title VII: Derivatives (Wall Street Transparency and Accountability Act of 2010)

EMIR Key business impacts for asset managers

Re: Notice and Request for Comments - Determinations of Foreign Exchange Swaps and Forwards (75 Fed. Reg )

The foreign exchange and derivatives markets in Hong Kong

RULES CONCERNING PUBLICATION, ETC. OF OVER-THE-COUNTER QUOTATION OF CORPORATE BONDS, ETC. FOR RETAIL CUSTOMERS

FinfraG / EMIR. Your partner to navigate the challenges in investment and risk management. Current Status What you need to know. 23 rd September 2014

Comments on Review of Swap Data Recordkeeping and Reporting Requirements issued by the Commodity Futures Trading Commission


The ABI s response to the European Commission s Consultation Document on Foreign Exchange Financial Instruments

Consolidated Financial Results for the Fiscal Year Ended March 31, 2016 [under Japanese GAAP]

Basic Policy for Employees Pension Insurance Benefit Adjustment Fund

Turnover of the foreign exchange and derivatives market in Hong Kong

Second Consultation Paper

Product Key Facts. PineBridge Global Funds PineBridge Global Emerging Markets Bond Fund. 22 December 2014

General Risk Disclosure

INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION, INC.

Fund descriptions, their charges and risk warnings

The challenge of liquidity and collateral management in the new regulatory landscape

1. HOW DOES FOREIGN EXCHANGE TRADING WORK?

Basel Committee on Banking Supervision. Frequently Asked Questions on Basel III s January 2013 Liquidity Coverage Ratio framework

STANDARD LIFE INVESTMENTS PROPERTY INCOME TRUST LIMITED

RULES CONCERNING HANDLING OF SHORT SELLING, AND BORROWING AND LENDING TRANSACTIONS OF BONDS

Market Value Information of Securities (General Account)

November 24, 2014 RIN 3038-AC97 MARGIN REQUIREMENTS FOR UNCLEARED SWAPS FOR SWAP DEALERS AND MAJOR SWAP PARTICIPANTS. Ladies and Gentlemen,

Min. Investment Class A Units Initial: USD 1,000 Additional: USD 250

CONSULTATION PAPER ON REVIEW OF REGULATORY FRAMEWORK FOR 28 MAY 2012 UNLISTED MARGINED DERIVATIVES OFFERED TO RETAIL INVESTORS

Gaps and Duplicative Requirements, August 30, 2013, available at

Web. Chapter FINANCIAL INSTITUTIONS AND MARKETS

Guidance on Implementing Financial Instruments: Recognition and Measurement

COMMUNITY FOUNDATION OF GREATER MEMPHIS, INC. INVESTMENT GUIDELINES FOR MONEY MARKET POOL

CONSULTATION PAPER P Feb Proposed Regulation of OTC Derivatives

Words from the President and CEO 3 Financial highlights 4 Highlights 5 Export lending 5 Local government lending 6 Funding 6 Results 6 Balance sheet

Please find below our responses to the questions raised in the consultation document.

Condensed Interim Consolidated Financial Statements of. Canada Pension Plan Investment Board

Data Compilation Financial Data

Act on Mortgage Credit Banks /1240. Chapter 1 General provisions. Section 1 Definition of a mortgage credit bank

Clearing and settlement of exchange traded derivatives

Regulatory Practice Letter November 2014 RPL 14-20

Citibank Japan, LTD ( CJL ) Higashi-shinagawa, Shinagawa-ku, Tokyo Representative Director, President & CEO Darren Buckley

Luxembourg Life Assurance for International Investors

CMC MARKETS UK PLC. Risk Warning Notice for CFDs. February Registered in England. Company No

D4: How to Operate in Low Interest Rate Environment - Japan Case Study

SWAPS AND DERIVATIVES

(1.1) (7.3) $250m 6.05% US$ Guaranteed notes 2014 (164.5) Bank and other loans. (0.9) (1.2) Interest accrual

CHAPTER 6. Different Types of Swaps 1

Foreign Currency Exposure and Hedging in Australia

OTC Derivatives Reforms and the Australian Cross-currency Swap Market

Risk Explanation for Exchange-Traded Derivatives

Wells Fargo Advantage Funds

Toward Further Development of the Tokyo Financial Market: Issues on Repo Market Reform

Macquarie Investment Grade Bond Fund ARSN Annual report - 30 June 2011

July 11, and the Addressees listed on Schedule I attached hereto

As discussed in more detail below, we have the following comments.

Basel Committee on Banking Supervision

Does the Bank Loan Exception Apply to Non-U.S. Banks that Pledge Cash Collateral in Derivative Transactions?

Series of Shares B, B-6, E, F, F-6, O B, E, F, O O A, B

Working Paper. The Variable Annuities Dilemma: How to redesign hedging strategies without deterring rising demand.

Forwards, Futures and Money Market Hedging. Prof. Ian Giddy New York University. Hedging Transactions Exposure. Ongoing transactions exposure

RISK MANAGEMENT IN NETTING SCHEMES FOR SETTLEMENT OF SECURITIES TRANSACTIONS

OTC derivatives reforming EU market structures. Ash Saluja, Partner CMS Cameron McKenna LLP

Macquarie High Yield Bond Fund. ARSN Annual report - 30 June 2014

Answers to Concepts in Review

CGWM Total Return Bond Fund

Nippon Life Insurance Company (the Company ; President: Yoshinobu Tsutsui) announces financial results for the fiscal year ended March 31, 2016.

Collateral Fundamentals

Response to European Commission Consultation Document on Undertakings for Collective Investment in Transferable Securities ( UCITS )

Capital Adequacy: Asset Risk Charge

Putnam Stable Value Fund

1 CONSOLIDATED FINANCIAL STATEMENTS (1) Consolidated Balance Sheets

Transcription:

The LIAJ s Comments on Second Consultative Document Margin requirements for non-centrally cleared derivatives 15 March 2013 The Life Insurance Association of Japan (LIAJ) The Life Insurance Association of Japan (LIAJ) 1

Contents 1. General opinions on the second consultative document 2. Responses to the questions The Life Insurance Association of Japan (LIAJ) 2

1. General opinions on the second consultative document 1. The Life Insurance Association of Japan (LIAJ) would like to extend our gratitude to the Basel Committee on Banking Supervision (BCBS) and the Board of the International Organization of Securities Commissions (IOSCO) for providing us with the opportunity to submit our comments on the Second Consultative Document: Margin requirements for non-centrally cleared derivatives, published on 15 February 2013. 2. The LIAJ is a trade association comprised of all 43 life insurance companies operating in Japan. Its aim is to promote the sound development of the life insurance industry and maintain its reliability in Japan. We would like to respectfully request that the BCBS and the IOSCO carefully consider the comments submitted from the sole representative body of the life insurance industry in Japan, which holds the second largest life insurance market in the world. 3. We have serious concerns regarding the administration under foreign exchange (FX) forwards and swaps regulations, advisability of initial margin re-investment and need to amend the ISDA-CSA Agreement in the consultative proposal. With regard to the administration under the FX forwards and swaps regulation in particular, we strongly request the introduction of this regulation be excluded from the regulations because the impact will affect not only the financial industry, but all commercial activities that involve currency transactions as well. 4. We also believe the disadvantages arising from the administration of FX forwards and swaps in terms of the reduction or curtailment of commercial activities as a result of introduction of the regulation should be given the same consideration as the advantages in terms of the reduction of systemic risk and improvement of the transparency concerning participants in over-the-counter derivatives transactions, which are the objectives behind the introduction of said regulation. In addition to the investment and loan activities of financial institutions, said transactions are utilized to hedge foreign currency receipts and disbursements and foreign currency-denominated assets in a broad range of businesses in the manufacturing and services sectors. Therefore we are concerned not only about the increase in hedging cost, but also about the negative effect on liquidity when the introduction of margin requirements is imputed in execution prices. Besides, we believe that there is little need to implement initial margin requirements in Japan, as Japanese authorities conduct adequate supervision and monitoring on financial institutions such as life insurance companies regarding to their management of liquidity including pledged collateral. 5. From the viewpoint of diversifying their investments, Japanese life insurance companies in particular normally invest in a broad range of assets, including foreign currency-denominated bonds in addition to yen-denominated securities such as Japanese Government Bonds, in order to underwrite long-term risks and stably perform their insurance obligations. On the other hand, they fundamentally execute an equivalent volume of hedge transactions using FX forwards and swaps because their insurance product obligations are denominated in yen. We are concerned that for users of such actual demand, the additional capital burden imposed by the gross basis transfer of the initial margin as a result of the introduction of this regulation, in addition to the increase in transaction costs and decrease in liquidity, could become an obstacle to sound business management. 6. Furthermore, we have deep concern that Japanese life insurance companies' funding function as global institutional investors might be forced to impair, as the implementation of this The Life Insurance Association of Japan (LIAJ) 3

requirements would lead to the investment restriction on foreign markets, such as those of Europe and U.S., by Japanese life insurance companies. 7. With regard to the advisability of initial margin re-investment, and the administration of the cash of the initial margin in particular, we are concerned that specifying the re-investment portfolio will be exceedingly difficult. In addition to the fact they are maintaining sufficient liquidity, and the fact their liquidity including the management of collateral etc. is already being monitored under the supervisory authorities, from the viewpoint of improving investment performance efficiency Japanese life insurance companies invest the cash collateral accepted through various transactions by pooling it together with the cash from the insurance premiums they receive and cash for purposes such as payment of insurance benefits. 8. With regard to the need to amend ISDA-CSA Agreement, the ISDA-CSA now exists as a global market convention for over-the-counter (OTC) derivatives transactions and is recognized to fulfill nearly the same role as the variation margins under discussion. When variation margins are exchanged based on the margin requirements presented in the latest proposal, it is assumed that, in practice, covered entities operate those margin using ISDA-CSA Agreement currently under contract entered into with each entities. In order to do so, they might be imposed on complicated operations to individually amend the details of agreements with existing counterparties, and thus we are concerned that this will place a substantial burden on the OTC derivatives trading system. 2. Responses to the questions Q1. Given the particular characteristics of physically-settled FX forwards and swaps, should they be exempted from initial margin requirements with variation margin required as a result of either supervisory guidance or national regulation? Should physically-settled FX forwards and swaps with different maturities be subject to different treatments? 9. We strongly request the regulation be excluded because the introduction of said regulation will affect not only the financial industry but also all of the commercial operations that accompany FX transactions, a point we have mentioned in our summary opinion as well. 10. We also believe the disadvantages arising from the administration of FX forwards and swaps, in terms of the reduction or curtailment of commercial activities as a result of introduction of the regulation, should be given the same consideration as the advantages in terms of the reduction of systemic risk and improvement of the transparency concerning participants in over-the-counter derivatives transactions, which are the objectives behind the introduction of said regulation. In addition to the investment and loan activities of financial institutions, said transactions are utilized to hedge foreign currency receipts and disbursements and foreign currency-denominated assets in a broad range of businesses in the manufacturing and services sectors. Therefore we are concerned not only about the increase in hedging cost, but also about the negative effect on liquidity when the introduction of margin requirements is imputed in execution prices. Besides, The Life Insurance Association of Japan (LIAJ) 4

we believe that there is little need to implement initial margin requirements in Japan, as Japanese authorities conduct adequate supervision and monitoring on financial institutions such as life insurance companies regarding to their management of liquidity including pledged collateral. 11. From the viewpoint of diversifying their investments, Japanese life insurance companies in particular normally invest in a broad range of assets, including foreign currency-denominated bonds in addition to yen-denominated securities such as Japanese Government Bonds, in order to underwrite long-term risks and stably perform their insurance obligations. On the other hand, they fundamentally execute an equivalent volume of hedge transactions using FX forwards and swaps because their insurance product obligations are denominated in yen. We are concerned that for users of such actual demand, the additional capital burden imposed by the gross basis transfer of the initial margin as a result of the introduction of this regulation, in addition to the increase in transaction costs and decrease in liquidity, could become an obstacle to sound business management. 12. Furthermore, we have deep concern that Japanese life insurance companies' funding function as global institutional investors might be forced to impair, as the implementation of this requirements would lead to the investment restriction on foreign markets, such as those of Europe and U.S., by Japanese life insurance companies. Q2. Should re-hypothecation be allowed to finance/hedge customer positions if re-hypothecated customer assets are protected in a manner consistent with the key principle? Specifically, should re-hypothecation be allowed under strict conditions such as (i) collateral can only be re-hypothecated to finance/hedge customer, non-proprietary position; (ii) the pledgee treats re-hypothecated collateral as customer assets; and (iii) the applicable insolvency regime allows customer first priority claim over the pledged collateral. 13. With regard to the regulation of margin deposits and the re-investment of the initial margin in particular, we are concerned that specifying the re-investment portfolio will be exceedingly difficult because Japanese life insurance companies, from the viewpoint of improving investment performance efficiency, invest the cash collateral they have accepted through various transactions by pooling it together with the cash from the insurance premiums they receive and cash for purposes such as payment of insurance benefits. Because Japanese life insurance companies manage and invest the premiums received from policyholders as consideration for insurance as their own assets (equity assets), in order to perform their obligations to pay insurance benefits and pensions in the future, and are receiving sufficient supervision and monitoring of their liquidity from authorities, including the management of collateral etc., the re-investment of margin deposits accepted as part of such management and investment should be permitted. The Life Insurance Association of Japan (LIAJ) 5

Q3. Are the proposed phase-in arrangements appropriate? Do they appropriately trade off the systemic risk reduction and the incentive benefits with the liquidity, operational and transition costs associated with implementing the requirements? Are the proposed triggers and dates that provide for the phase-in of the requirements appropriately calibrated so that (i) the largest and most systemically-risky covered entities would be subject to the margining requirements at an earlier stage so as to reduce the systemic risk of non-centrally cleared derivatives and create incentive for central clearing, and (ii) the smaller and less systemically risky covered entities would be allowed more time to implement the new requirements? Should the phase-in arrangements apply to the exchange of variation margin, in addition to the exchange of initial margin as currently suggested? Or, given that variation margin is already a widely-adopted market practice, should variation margin be required as soon as the margin framework becomes effective (on 1 January 2015 as currently proposed) so as to remove existing gaps and reduce systemic risk? Do differences of market circumstances such as readiness of market participants and relatively small volumes of derivatives trading in emerging markets require flexibility with phase-in treatment, even for variation margin? 14. The current ISDA-CSA exists as a global market convention for over-the-counter (OTC) derivatives transactions and is recognized to fulfill nearly the same role as the variation margins under discussion. When variation margins are exchanged immediately on January 1, 2015 based on the margin requirements presented in the latest proposal, it is assumed that, in practice, covered entities operate those margin using ISDA-CSA Agreement currently under contract entered into with each entities. In order to do so, they might be imposed on complicated operations to individually amend the details of agreements with existing counterparties, and thus we are concerned that this will place a substantial burden on the OTC derivatives trading system. In order to address these concerns, adequate consultations should be held among all of the concerned organizations including the ISDA, and just as for the initial margin regulation, a sufficient run-up period and framework for phase-in implementation of the requirements should be considered. The Life Insurance Association of Japan (LIAJ) 6