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Title: T


1
CSDs Assessments Sérgio Weguelin Brazilian
Securities and Exchange Commission CSD8 April
28, 2005 New York
2
International Recommendations History and
Evolution

3
History and Evolution
  • End of 80s
  • Institutional investors
  • Deregulation
  • Increase in traded and settled volumes in
    domestic and international markets
  • Growth in the importance of the securities
    markets / securitization
  • Crisis of 1987
  • Growing concern about the safety and reliability
    of custody and settlement systems

4
History and Evolution
G30 / ISSA
CPSS-IOSCO (SSS)
COSRA
ISSA
G-30
FIAB
G-10
1989
1990
1995
1999
2001
1993
2000
New G-30
CPSS-IOSCO (CCP)
WISE MAN
Giovaninni II
Giovaninni I
ESF
CESR/ ECB
2004
2003
2003
2001
2004
2001
2003
  • G-30 Group of Thirty
  • G-10 Group of Tem
  • COSRA Council of Securities Regulators of the
    Americas
  • ISSA International Securities Services
    Association
  • FIAB Fédération Internationale des Bourses de
    Valeurs (WEF)
  • ESF European Securities Forum
  • ECB Governing Council of the European Central
    Bank
  • CESR Committee of European Securities Regulators
  • CPSS Committee on Payment and Settlement Systems
    (BIS)
  • IOSCO International Organization of Securities
    Commissions
  • Committee of Wise Men on the Regulation of
    European Securities Markets
  • The Giovannini Group

5
Role and Relevance of the Recommendations
6
Role and Relevance of the Recommendations
  • General aims
  • Risks Mitigation and transparency enhancement
  • Reducing systemic risk, avoiding crises and
    protecting investors assets
  • Harmonization of practices
  • Efficiency improvement and cost reduction

7
Role and Relevance of the Recommendations
  • Benchmark for international assessment
  • Reference for self-assessment and for
    implementation of best practices
  • Benchmark for evaluation of international rating
    agencies
  • Driving Capital Flows among Marketplaces

8
  • Assessment Initiatives
  • Regulatory Bodies
  • Market Driven
  • Rating Agencies

9
Regulatory Bodies Initiatives
10
Regulatory Bodies Initiatives
  • CPSS-IOSCO, CESR/ESCB, FSAP, COSRA
  • Require minimum standards

11
Regulatory Bodies Initiatives
CPSS Committee on Payment and Settlement
Systems IOSCO International Organization of
Securities Commissions
CPSS - IOSCO
  • The CPSS-IOSCO Task Force published in 2001 the
    report Recommendation for Securities Settlement
    Systems with 19 recommendations covering such
    issues as legal risk, pre-settlement risk,
    settlement risk, custody risk and other
  • Assessment responsibility delegated to national
    authorities and the Financial Sector Assessment
    Program (FSAP sponsored by IMF and WB)

12
Regulatory Bodies Initiatives
ECB Governing Council of the European Central
Bank CESR Committee of European Securities
Regulators
CESR / ECB
  • Jointly launched, in 2004, the report Standards
    for Securities Clearing and Settlement in the
    European Union based on the CPSS-IOSCO
    Recommendations
  • While these standards have no European Community
    Law status, nevertheless regulators will monitor
    their implementation

13
Market Driven Initiatives
14
Market Driven Initiatives
  • Group of Thirty (G-30), International Securities
    Services Association (ISSA) and AGCs Depository
    Information-Gathering Project
  • Push the market towards new standards and best
    practices

15
Market Driven Initiatives
AGC Association of Global Custodians
AGC Questionaire
  • Established in 1997, AGC is an informal group of
    9 North American banks that are major providers
    of securities custody and trade settlement
    services to institutional investors worldwide.
  • Applies the AGC Questionnaire (124 questions)
    assessing CSDs based on the Rule 17-f7 of the
    North-American SEC

16
Market Driven Initiatives
ISSA International Securities Services
Association
ISSA
  • Incorporated in 1989, ISSA is a private sector
    organization composed of institutions such as
    custodian banks, clearing organizations, central
    depositories, stock exchanges, brokers, asset
    managers etc
  • Released, in 2000, the report ISSA
    Recommendations with 8 recommendations covering
    industry-wide issues

17
Market Driven Initiatives
G-30 Group of Thirty
G-30
  • Established in 1978, is a private, nonprofit,
    international body composed of very senior
    representatives of the private and public sectors
    and academia
  • Published in 1989 the first 9 recommendations on
    custody and settlement
  • Launched the Report Global Clearing and
    Settlement A Plan of Action (2003) with 20 new
    recommendations

18
Market Driven Initiatives
Assessment against the New G-30 20
Recommendations
New G-30
  • Lead Monitoring Organizations
  • ISSA (Rec. 2, 3, 6, 7 and 8)
  • AGC (4, 11, 12 and 13)
  • Regional Monitoring Committees (1, 4, 5, 11, 12
    and 13)
  • PricewaterhouseCoopers (9 and 10)
  • Legal Sub-committee (14, 15 and 16)
  • Regional Co-chairs (17, 18, 19 and 20)

15 initial capital markets are being assessed
19
Rating Agencies Initiatives
20
Rating Agencies Initiatives
  • Thomas Murray, Wilshire/CALPers, GSCS etc

Develop and sell reports analyzing and
attributing ratings
21
Rating Agencies Initiatives
  • Thomas Murray
  • A rating agency and advisory company that
    produces analysis of 147 CSDs and 89 capital
    markets infrastructures based on proprietary risk
    methodology analysis which considers 7 types of
    risk
  • Asset Commitment Risk, Liquidity Risk,
    Counterparty Risk, Asset Servicing Risk,
    Financial Risk, Operational Risk,CSD on CSD
    Credit Risk

22
Rating Agencies Initiatives
  • Wilshire/CALPers
  • An advisory company that provides services for
    North-American institutional investors produces
    the report Permissible Equity Markets Investment
    Analysis (a ranking of emerging markets) for the
    CalPERS (California Pension Retirement System)
  • Among other factors, analyzes the efficiency of
    settlements in each country with a rate from 1
    (minimum) to 3 (maximum)

23
Rating Agencies Initiatives
  • GSCS- Global Securities Consulting Services
  • An advisory and rating company that produces
    reports with risk analyses on settlement and
    custody activities in several markets
  • It calculates periodically a Settlement Index,
    a Safekeeping Index and a Operational Risk
    Index for each market analyzed

24
For the Breakout Session
  • Are these assessments appropriate?
  • How to coordinate such initiatives?
  • What is the real impact of so many assessments?
  • What is the role of regulators in this
    evaluation process?

25
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