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.

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.

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.

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.

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 …

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.

Ready for the ‘summer of 39’ aftermath?

This summer, regulatory pressure on financial services firms has ratcheted up to unprecedented levels. Many may have breathed a sigh of relief as Dodd-Frank rule-making slowed … but the respite was only fleeting. Since July, the industry has been bombarded with 39 new consultation papers in the EU and UK alone

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