April 24, 2024

DealBook: Britain and European Union Agree on Regulating Derivatives Trades

Yves Logghe/Associated PressThe British chancellor of the Exchequer, George Osborne, departs after meeting with European Union finance ministers in Luxembourg on Tuesday.

7:29 p.m. | Updated

Britain struck a deal Tuesday with its European Union allies on how to regulate trading in over-the-counter derivatives, a compromise that the government said would improve regulation and protect financial markets across Europe.

At a meeting of finance ministers in Luxembourg, the British chancellor of the Exchequer, George Osborne, won a concession that would in most cases prevent the national regulator from being overruled on the authorization of trading by companies in over-the-counter derivatives in Britain.

An over-the-counter derivative is a financial instrument derived from another asset, like a stock or a bond, that is traded privately between parties rather than on an exchange. British officials say that London’s financial district handles around 75 percent of the European market for such derivatives.

In the United States, regulators, armed with the Dodd-Frank Act, have already moved to overhaul the over-the-counter market. American banks oppose many of the changes, saying the restrictions will force business overseas while foreign regulators lag behind with their own set of derivatives rules.

Mr. Osborne also secured a pledge that the European Commission would extend regulation to exchange-traded derivatives, which Germany dominates. Britain argued that the extended regulation was needed to establish a level playing field in Europe.

“We came here in a minority, somewhat outnumbered,” Mr. Osborne said. “Through some hard negotiation we very much improved the directive. We are going to have what we all wanted, which is more effective regulation of the derivative market.”

The European Commission argues that the new rules will provide vital transparency because trades will have to be registered and regulators will have access to that data.

The negotiations occurred amid growing tension between Britain and some European partners over financial services regulation. Britain fears that France and Germany want to ratchet up regulation to put London at a disadvantage as a financial center. Under European single-market rules, Britain could have been outvoted had it not struck an agreement.

The proposed changes, which will now be negotiated with the European Parliament, call for trades in over-the-counter derivatives in the 27 nations of the union to be reported to data centers. Regulators would have access to those data centers, while the newly created European Securities and Markets Authority, based in Paris, would have responsibility for the surveillance.

The European commissioner for financial services, Michel Barnier, welcomed the compromise on Tuesday, saying it would allow negotiations to proceed. In the past, Mr. Barnier has said that the lack of a regulatory framework for over-the-counter derivatives contributed to the financial crisis.

“No financial market can afford to remain a Wild West territory,” he has said.

The British government is also resisting plans, supported by Germany and France, for a financial transaction tax unless it can be agreed upon at a global level.

Article source: http://feeds.nytimes.com/click.phdo?i=c4bd93cdf3f4563eea1401ed562b1130

I.M.F.’s Emerging Market Directors Criticize Selection Process for Top Post

Ms. Lagarde has been focusing intently on her candidacy in recent days, a French government official, who spoke on condition of anonymity, said Tuesday. Late Tuesday, she scheduled a news conference to start just before noon on Wednesday in Paris, without confirming the topic.

Respected internationally, Ms. Lagarde has won support from Chancellor Angela Merkel of Germany, the British chancellor of the exchequer, George Osborne, and most of Europe’s political establishment.

This has made her front-runner to succeed Dominique Strauss-Kahn, who resigned from the helm of the I.M.F. last week to fight charges that he sexually assaulted a maid in a New York hotel.

Still, the selection process for the job — which has always been held by a European — has drawn increasing criticism from leaders of emerging markets and other countries, which have sought to promote strong candidates of their own in recent days.

On Tuesday, the I.M.F.’s executive directors representing Brazil, Russia, India, China and South Africa — the emerging economies commonly known as the BRICS — issued a firmly worded statement condemning the custom of appointing Europeans to lead the fund.

A transparent, merit-based and competitive process for the selection “requires abandoning the obsolete unwritten convention that requires that the head of the I.M.F. be necessarily from Europe,” they said in the statement.

“We are concerned with public statements made recently by high-level European officials to the effect that the position of managing director should continue to be occupied by a European,” they said, adding that these comments contradicted announcements, made by Jean-Claude Junker, president of the Euro group when Mr. Strauss-Kahn was selected in 2007, that the next I.M.F. leader would not be a European.

The statement stopped well short of rejecting Ms. Lagarde’s candidacy, saying merely that technical background and political acumen, rather than nationality, should be the main factors determining the choice of future managing directors.

But the statement also spotlighted what has become in increasingly common refrain among emerging market nations on the global economic and political stage: that the gradual shift in economic and demographic influence to rapidly developing countries should be reflected in increasing representation for them in international institutions.

“Adequate representation of emerging market and developing members in the fund’s management is critical to its legitimacy and effectiveness,” the executive directors’ statement said.

Still, in the absence of any consensus among emerging-market nations on a single candidate from their ranks, there appeared to be little to indicate that a bid by Ms. Lagarde would be derailed.

Mexico is nominating the governor of its central bank, Agustin Carstens, who told Reuters in an interview that the United States had welcomed his participation in the race for the job but was neutral on whether to support his candidacy.

Arvind Virmani, who represents India and three other countries on the I.M.F. board, told Bloomberg News in an interview that there appeared little chance that a candidate from an emerging market would succeed in getting the job. “There is no indication which suggests that the result will be any different this time,” he said.

Liz Alderman reported from Paris.

Article source: http://www.nytimes.com/2011/05/26/business/global/26fund.html?partner=rss&emc=rss