From to Bailouts: Forty Years of International Attempts to Bolster Safety *

Christopher Kobrak † ESCP Europe and Rotman School of Management, University of Toronto

Michael Troege ‡ ESCP Europe, Labex Refi

September 14, 2014

Abstract: This paper reinterprets the origin and evolution of the . We argue that the paradigm was very different from the regulatory approaches that had been successfully applied in most European countries since the Second World War. In particular the stability of b § anking systems had long relied on a multitude tools including entry restrictions, liquidity rules, reserve requirements, deposit rate ceilings, lending and investment restrictions, combined with a hands-on supervision and discretional interventions. Capital adequacy was certainly not perceived as the most important part of these tools. By focusing exclusively on capital adequacy and credit , Basel I shifted attention in a very different and somewhat unexpected direction. The Basel regulations are often understood as a reaction to the bank failures of the 70s and 80s, but in fact Basel I type capital adequacy rules would not have prevented these crises, which were caused by a mixture of interest rate, liquidity and currency risk, none of which was addressed in the Basel I proposals. Indeed, even today, several of these are still not addressed by Basel updates, suggesting that the original and current proposals have a rather different raison d’être, placating political constituencies and banking interests. One of the consequences of this fatally flawed tendency is that the smooth functioning of financial markets had and still has to be insured by an implicit government guarantee for larger .

* The authors would like to thank Hugo Bänziger, Harold James, Ralf Leiber, Clifford Smout, Daniel Zuberbühler and the author participants at the June EABH seminar on financial hosted in Zurich by Swiss Re. Any errors remain ours. † Corresponding author, Wilson/Currie Chair of Canadian Business and Financial History, Rotman School of Management, University of Toronto, 105 St George Street, Toronto, Canada. Email: [email protected] ‡ ESCP Europe, 79, av. de la République 75543 Paris Cedex 11, Email: [email protected]

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It is not clear that anything would have been different in the 2007-2009 crisis had Basel III already been in place. (Admati & Hellwig, 2013: 96)

As finance has become more complicated, regulators have tried to keep up by adopting ever more complicated rules. It is an arms race that underfunded government agencies have no chance to win.

Kenneth Rogoff

The Guardian , Monday 10 September 2012

1 Introduction

This year marks the 40 th anniversary of a series of bank failures, the beginning of a long series of financial disruptions commonly associated with the breakdown of the Bretton Woods system. In summer 1974, two challenges, which had not plagued western banks for over a generation, led to the bankruptcy of several banks on both sides of the Atlantic, raising problems for which financial regulators were ill-prepared and for which there was little or no positive historical precedence. First, increasing inflation rates and volatile foreign exchange rates led to demands for financial products to control risk. (Eichengreen, 1996: 142) Second, inflation and petrol dollars added greatly to bank liquidity and transformed its nature.

This period is often seen as the beginning of the international cooperation of bank regulators, the birth of the Basel Accords which today have become the principal avenue for international and national . The commonly held view is that after a series of bank failures in the early 1970s, followed by the Savings and Loan crisis and the huge sovereign debt crisis of less developed countries (LDC) in the 80s, regulators realized the necessity of stronger international cooperation and came together in the Basel committee to set the foundations of a strong and homogenous international framework that would end the turmoil in financial markets and allow the smooth international exchange of capital and goods.

However today, five years after the 2008 Banking Panic, few observers are happy with the extent and quality of bank oversight. Many well informed observers bemoan the slowness

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of deciding and implementing international standards1; some question whether international standards can supplement national supervision (Levinson, May-June 2010), and others criticize the timidity of the bank equity standards. (Admati and Hellwig, 2013) and their increasing complexity (See Kenneth Rogoff’s quote at the beginning of this paper)

This paper focuses on 25 years of banking regulations, the genesis of the Basel Accords, putting that development into its historic context and trying to understand the motivations that led to the Basel principles as they stand today. It challenges some of core tenets of the historical accounts and the efficacy of international attempts to stabilize international finance. We intend to provide a broader picture of the forces that finally shaped these rules, in particular the Basel I regulations or Cooke ratio, which continue to provide the underlying structure for most of today's rules. In particular, we are interested in understanding why Basel I focused exclusively on capital adequacy and . We argue that this choice was somehow surprising, as the bank failures in the 1970s at least, were mostly caused by a mixture of interest rate, liquidity and currency risk, often in combination with fraud. Finally, we will suggest that the approach of the Basel Committee contributed to the emergence of the “too big to fail” issue, which has led to the assumption that governments would protect creditors and depositors from the risks taken by megabanks. (Haldane and Alessandri, 2009).

By highlighting the political-economic context of the 1970s and 80s, we suggest that Basel I has not only determined our regulatory paradigm, the failures of this regulation have also contributed to many problems of the past 25 years and are perhaps even at the root of our current problems. We take as our starting point that the breakdown of Bretton Woods and the increase of capital mobility in much of the world shattered older models of national and international banking. The increased volatility of interest-rate and foreign-exchange movements coupled with technological developments, greater levels of manufacturing foreign direct investment, disintermediation, and new banking competition from offshore centers (Euromarkets), awash with cash, prompted a radical reassessment of banks strategies. Smaller banks needed to enter a more complicated game than they ever had before and larger ones to find new activities over a larger geographic area. This new macroeconomic reality, the privatization of currency risk especially, brought small and large banks more and more

1 Serious financial newspapers and magazines such as The Economist , The Financial Times and Wall Street Journal were rife with skeptical articles about the timing, complexity, and lack of geographic and sector completeness of new regulations. See, for example, “Conflicting signals: Global finance,” Brooke Masters, The Financial Times , April 2, 2012 and almost a year later The Financial Times , “Fund Management,” Philip Stafford, January 28, 2013. 3

into the ever-more-complex cross-border lending and derivative businesses, making managing liquidity and counterparty risk far more complicated.

Unable to win support for dealing with the real issues, central bankers and international bodies crafted regulations that they themselves knew were only partially addressing the real structural banking issues. Some of their regulations were designed specifically to win over important national governments and sufficient buy-in by those governments to insure that they would underwrite the activity of their banks and perhaps the wholes system.

Our paper contributes to the small but growing literature trying to understand the forces that led to the establishment of the Basel regulations. In particular we complement Goodhart’s (2011) detailed presentation of the history of the “Basel Committee on Banking Supervision” (BCBS). In contrast to Goodhart, we put the main lines of argument into their historic context, notably adding facts and data known to committee members but not necessarily discussed in the (winnowed) official documents on which Goodhart relies.

Our main contribution to these discussions is to weave together several strands of thought, but with some new twists. Some of the arguments made in our paper are already contained in the early summary of the process leading to the 1988 capital accord. Kapstein (1991) traced the process, but his discussion largely leaves out the economic context. Tartullo (2008) contains a comprehensive and very critical discussion of the earlier Basel regulations, but mostly focuses on Basel II regulation. Our point that Basel regulations were not well grounded in economic analysis has been made by several authors, such as Hellwig (1996), Admati and Hellwig (2008) and Allen and Gale (2003). Even the dependence modern international banking on implicit government guarantees has been pointed out before by Haldane and Madouros (2012). What we have done that is rather unique, though, is to provide ample additional evidence of how inappropriate the Basel measures were at the time and how subsequent updates did not solve the problems of the first Basel accord.

In the next section, we defend our claim that credit risk as a standalone risk was of minor importance for the banking failures of the 1970s by reviewing the root causes of the three principal bank failures from this period. We also complement this analysis with a more comprehensive overview of the reasons for bank failures during this period and demonstrate that U.S. regulators, in contrast to some European, were much more concerned to avoid depositor and bank creditor absorb the losses of failed banks.

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Against this background, we then briefly present in Section 3 the emergence and the governance of the Basel Committee for Banking Supervision and discuss the problems that led to a more than decade-long stalemate after some initial success.

Section 4 then follows Kapstein (1991) and Tartullo’s (2008) account of how the 1986 initiative by U.S. and U.K. regulators broke this stalemate and very rapidly led to the definition of the major features of the Basel I regulations and the implementation of the capital accord in 1988. We will argue that this choice was driven more by the usefulness of capital adequacy as a protectionist measure rather than by any empirical evidence about the potential increase in stability that could be achieved with such a measure.

In Section 5 we reinforce this argument by showing how different the Basel I rules achieved through this process really were much different from the prevailing approaches to bank regulation and demonstrate that it must have been obvious that the rules would not substantially reduce the failure probability of banks.

In Section 6 we argue the flaws in the original approach of Basel I hampered the committee’s efforts to reform it. Subsequent updates mostly addressed distortions created by the original Basel I’s, rather than completing the regulation. Indeed many of the first accords glaring omissions were only addressed after the 2008 crisis and some omissions remain with us to this day.

We conclude in Section 7 with a discussion of how this incomplete regulatory framework increased the role of implicit government bank guarantees.

2 The End of Bretton Woods and the Banking Crises of the 1970s

The origins of the Basel Committee on Banking Supervision on bank supervisions do indeed go back to the early 70s. By the time Nixon took the United States off the Gold Standard, virtually unregulated Euromarkets, dominated by big U.S. and U.K. banks, had altered the competitive banking environment. In particular, Euromarkets put great pressure on the capacities of smaller, more domestically bound, banks of many countries. In contrast to the larger, internationally active banks, these banks had little ability to escape national regulation. As a consequence, national authorities, under pressure to respond with lighter regulation, removed liquidity standards and reserve requirements together with the deposit rate ceilings. For example, in the fall of 1971, the Bank of England installed the “Competition and Credit Control,” which replaced direct lending ceilings imposed on

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individual banks with a control of money supply thorough open market operations, reduced the minimum liquidity requirement for deposit taking banks from 28% to 12.5%, and eliminated the legal restrictions on deposit rates. (Moran, 1984) Other countries enacted similar initiatives at the same time.

This deregulation enabled a number of aggressive smaller banks in Europe and the U.S. to enter new market segments, especially those created by increased macroeconomic volatility starting in the late 1960s. The first indication that these developments could be problematic came from the “secondary banking crisis” in the ; This crisis had its roots in an almost classic combination of interest rate risk, correlated with credit risk and enhanced by fraud and weak liquidity positions The strong increase in interest rates triggered by the first oil crisis in 1973/74 had led to a drop in real estate values which increase default rates and quickly caused a decline in profitability of smaller “secondary” or “fringe” banks. A real crisis was then triggered by the resignation of Donald Bardsley, a recent appointee to the board of “ and Country Securities,” one of the larger “secondary” banks. This led to a collapse of trust and a string of additional revelations about the bank’s unsavory business practices from the newly elected boards. (Capie 2010) The public began to suspect that other smaller banks might have similar problems and started to withdraw deposits.

Remarkable, during this crisis, the Bank of England did everything to make sure that depositors did not lose their money. In order to buy more time, it pushed the large clearing banks, to which depositors had brought the money withdrawn from the secondary banks, to lend the cash back to the failing banks at a low interest rate. In parallel, the Bank of England required the trouble banks’ shareholders to recapitalize their institutions or tried to find an acquirer, a strategy that became known as the “lifeboat concept.” Interestingly, at the same time, criminal prosecution against key personnel of the trouble banks was commenced, an effective part of the regulatory tools. One of the directors of London and Country Securities, for example, went to prison and two others had to pay heavy fines. (Bär, 2004)

The U.K.’s secondary banking crisis was not the only problem. The crisis of two U.S. banks, National Bank of San Diego in 1973 and then Franklin National, and the German Herstatt in 1974, followed in short order. Their problems could be traced to similar root causes: a combination of fraud, currency speculation and classic interest rate risk.

Important lessons were learned by the regulators, however, in these crises. In particular, the case of the National Bank of San Diego served as a warning to U.S. authorities.

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The bank had failed because of fraudulent activities of its owner C. Arnholt Smith. Crocker National Bank, which took over the U.S. National Bank of San Diego in conjunction with the Federal Deposit Insurance Corporation (FDIC). They initially refused to honor some of the bank’s letters of credit, which had been bought by European banks, claiming that these banks had been aware of the fraud. (Bär, 2004) Their reluctance led to a general mistrust in smaller U.S. banks. As a consequence, U.S. banks started to lose foreign deposits, a decline in business the Federal Reserve Bank (Fed) was determined to head off. Therefore, when Franklin National went under, Richard A. Debs, the Fed’s Vice president, insisted that another threat to honor foreign depositors by a U.S. bank would not only lead to a dramatic loss of confidence in U.S. banks in particular but also in the international currency market in general. In his memoir, Hans Bär recalled an invitation to the American embassy in where the Ambassador Shelby Collum Davis together with a representative of the Federal Reserve Bank reassured the leading Swiss bankers that their exposure to Franklin National would be honored by the Fed. Indeed the Fed injected a total of $1.8 billion into Franklin National (Edelman-Spero,1999) . Franklin was later bought by European American Bank (EAB), a consortium of European banks, which included Deutsche Bank, in order to get EAB a foothold into the U.S. retail market. The investment did not end well. (Kobrak, 2007)

The UK reaction to the secondary banking crisis as well as the U.S. reaction to the Franklin National contrasts sharply with the Bundesbank’s conduct in the Herstatt crisis. I. D. Herstatt KGaA was a small bank which, in less than 20 years, had grown from 15 employees to one of the largest private banks in , with 850 employees. Its traditional banking business, however, generated low profits. The bank tried to compensate with highly speculative currency trades executed by a group of 6 traders in their twenties, the “ Goldjungs ” (the gold boys) under Dany Dattel. Interestingly, the Goldjungs carried out their activities almost without any control from the banks board or any understanding of their activities by the directors in charge. This enabled them to fraudulently circumvent the position limits of $10 million imposed by the bank. In a series of events that closely resembled the recent Société Générale/ Kerviel debacle, Iwan D. Herstatt claimed that Dattel had manipulated the bank’s computer system (Herstatt, 1992) in order to be able to temporarily exceed its limit by up to 750 million marks. Dattel, in contrast, accused management of open connivance. He

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had supposedly asked early on for a transfer to another department because of the activities and apparently warned the chief auditor of the of risks in forex trading. 2

Today the bank’s failure is still well known, because it drew the attention to the existence of a new sort of risk the “Herstatt risk “or settlement risk.” Previously, trading in spot markets at least had been assumed to be free of counterparty risk. But the Herstatt failure demonstrated that even spot trades could be dangerous. Indeed, when the bank was closed at 15:30 on 26 June 1974, a range of foreign correspondence banks had already transferred the Deutsche Mark side of the daily currency deals to Frankfurt. Because of time-zone differences, however, Herstatt ceased operations before the received the corresponding USD payments. Interestingly, this risk can be completely avoided by an instantaneous clearing mechanism, took thirty years to put into place, Continuous Linked System (CLS). (Goodhart, 2011: 4)

More importantly for our purposes, however, was the refusal of the Bundesbank to bail out any of the creditors. The Bundesbank had always considered that it was not its role to save failing banks. It also likely profited from this opportunity to calm down what it perceived to be speculative excesses in the currency markets. In stark contrast to the U.S. regulators, it did not hesitate to impose severe losses on foreign creditors. Indeed, initial estimates of the foreign banks’ losses were enormous, only after a surprising court decision which gave foreign creditors seniority, did the losses of foreign banks become manageable amounts . (Bär, 2004) This stance contributed to dampening currency markets. It shocked the system of interbank payments in New York and almost led to the fall of several other institutions. Herstatt highlighted the systemic risks associated with the internationalization into which banks were increasingly pushed.

German retail depositors succeeded in getting back around 80% of their deposits, but only after Hans Gerling, the owner of the Gerling Insurance Company and limited partner in the bank, had been forced to recapitalize the bank with the proceeds of the sale of 51% of his company to a group of investors led by Deutsche Bank. (Koch, 2012)

Not surprisingly, given the Bundesbank’s obsession with deterrence of further excesses, the decision makers at Herstatt were also criminally prosecuted. The leading figures

2 “Herstatt-Bank, Die Bruchlandung der ‚Raumstation Orion‘,“ Frankfurter Allgemeine Zeitung , May 9th 2009.

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in the scandal were all at least condemned to prison terms, although I.D. Herstatt did not serve his sentence and Dattel, suffering from post-traumatic disorder due to his months in Auschwitz at age four, was declared unfit to stand trial. (Handelsblatt, 2009)

German bankers, however, learned several lessons. They realized that the Herstatt Bank debacle had substantially eroded their international standing. As a means of reassuring creditors, the German banks established a deposit insurance fund to protect depositors from the consequences of bank insolvency.

The difference between the very cautious treatment of the banks in the United States and United Kingdom and the brutal, but principled stance of continental European regulators was still apparent in the early 80s. Take, for example, the different handling in 1982 of Banco Ambrosiano’s failure in , on the one hand, and that of Continental Illinois in1984, during the height of the LDC debacle. Continental Illinois was the 8th large largest bank in the United States. It depended on short-term deposits made by large international investors. When these creditors started to withdraw their funds, the FDCI and the Fed stepped in. While management was removed and shareholders wiped out, all depositors and noticeably even bondholders were bailed out. This created outrage at the time, especially considering that the FDIC, seeking to encourage depositor discipline, had just announced a pilot program in which uninsured depositors and other creditors were only reimbursed a part of their investment. The perceived difference in treatment between large and small banks led to the first popularization of the term “too big to fail” by Congressmen. (FDIC, 1997)

This bailout of large depositors contrasts greatly with the stance of Italian authorities in the case of the Banco Ambrosiano failure. Banco Ambrosiano had developed a complex Enron-like network of subsidiaries, in which stock values were artificially inflated by cross lending among the different parts of this network. When these artificially increased values dropped, the bank collapsed. Italian authorities agreed to bail out the creditors of the parent bank, but refused any help the foreign creditors of the bank’s subsidiary, Banco Ambrosiano Holdings. Luxembourg authorities did not view the subsidiary as a bank holding company and refused to give Italian regulators access to information, despite the subsidiary’s heavy borrowing on the interbank markets and its ownership of two banks. (Vale, 2007) Ultimately, Banco Ambrosiano’s creditors were saved by a last-minute cash injection of $ 246 million from the IOR (Instituto per le opera di religione), the Vatican bank from which

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Roberto Calvi, Banco Ambrosiano’s CEO, had obtained a “letter of comfort” and which IOR decided to honor. (Bär, 2004).

In the Appendix, we have constructed a more comprehensive database on bank failures during the 1970ies and 80ies, trying to identify each time the cause of failure as well as the origin of the loss absorbing entity. While many bank failures have multiple causes, in many cases the ultimate reason for credit failures was fraudulent behavior or interest rate changes, which make it impossible for borrowers to reimburse their loans. As is often the case, though, fraudulent behavior is part of an effort to cover up losses derived from unexpected volatility or lack of liquidity. The table also highlights that , given the absence of a deposit insurance fund, in most European bank failures, private creditors had to take at least some of the losses. In contrast, since the early 70s (and until the recent crisis), in the United States and United Kingdom no private creditors were forced to absorb any losses caused by a bank’s failure. The difference seems to be at least partially be motivated by the importance of petrodollars for the financing of these countries’ banks and current account deficits. Goodhart (2008, p34), for example, cites an U.K. briefing note on the Euromarket’s capacity to absorb the petrodollars: “The Euromoney markets have so far absorbed oil money without serious mishap (…) But we must not be complacent about the situation. There is a danger that the failure of one or two banks (…) lead to a general loss of confidence. Government and central banks must make it crystal clear that they will not stand by and let a major institution collapse.”

In short, the period witnessed a series of changes that led to experiments with new business models and consequently higher risk. While credit risk was not absent, it was largely a consequence of fraud and to risks related to the mismatching of assets and liabilities, i.e. interest rate and . National regulators employed very different approaches about oversight and serving as lender of last resort, with UK and US regulators being much more concerned about depositors than German or Italian ones.

3 The Basel Committee for Banking Supervision (BCBS)

Given its importance to the world economy, the Basel Committee for Banking Supervision (BCBS) has a curious history. Formed under the auspices of the Bank of International Settlements (BIS), itself a relic of another financial era (James, 1996), the BCBS preceded the crises of the early 70s. It began its life as a vehicle to foster communication among national authorities and to coordinate banking on an international level, with the hope

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of elevating analysis above domestic political debates. Now a standing committee set up by the bank governors of the G10, BCBS evolved out of the Groupe de Contact, which had been established in 1972 by a small number of upper/middle-ranking bank supervisors from six EEC countries, mainly to discuss how to handle the structure of American banking investments in Europe. The bank failures and turmoil in raw materials markets in 73/74 convinced the G10 that the make-up of the Groupe was too narrow to serve as a place for central bankers to discuss common approaches to issues, such as liquidity, solvency, and exposure issues, especially as they included questions beyond the Europe. (Goodhart, 2011)

As discussed above, although neither Franklin National nor Herstatt were major, money-center banks, their inability to fulfill their contractual foreign exchange obligations led to blockages in international transfers, just at a time when money was pouring into banks from petrol producing countries. Smaller banks wanted access and bigger ones wanted to profit by lending to medium- and small-sized banks. Until the failures of Franklin and Herstatt, most monetary authorities evidenced little concern. Many of the transactions were not supervised by any regulatory body. Indeed, the issues were inseparable from the rise of the Euromarkets. But in the summer of 1974, the practice broke down. Many big banks were delaying doing business with small American, European and Asian banks for fear that they were unable to satisfy their counterparty obligations. (Goodhart, 2011: 32-33) Managing the short-term deposits and exposures in the Euromarkets required seamless movement of funds; any hesitancy about counterparties added transaction costs.

In particular petrodollars raised the stakes for international banking. The magnitude of the exposures was extraordinary but the profits were even higher At least on a non-risk adjusted basis, international lending was much more profitable than national, in 1982, 32% of all Citibank’s income came from Latin America (only 16% of its assets). (James, 1996). As a consequence, normal credit evaluation procedures were ignored, even when they were encouraged by national and international regulators.

From 1974 to 1978, the portion of offshore bank assets that came from oil producing countries grew from 10 to 25%. About 70% of the $162 billion invested by OPEC countries went into direct bilateral lending or Eurodeposits, which were recycled in developing country debt. As the banks of some countries tried to slow down the recycling, the business just seemed to move to those less concerned. From 1973 to 1978, international lending tripled. Much of the increase was intrabank, as some banks ran out of borrowers lent to those with

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more opportunities than deposits. Some banks tried to add to their profits by taking speculating on interest rates, mismatches in sources and uses of funds. 3

The BCBS took on these challenges with many disadvantages. During the crucial period 1974-97, the committee had six chairs, all central bankers, some specialists in regulation, who devoted approximately 20-25% of their time. The group met four times a year. As the issues faced by the BCBS became broader and more detailed, the BCBS created a number of working groups. Neither the chairs nor the other members of the committee had an official mandate from either their governments or even their central banks. Nevertheless, despite the absence of a permanent structure and government mandates, during the early 80s even member central banks came to realize that evoking the BCBS could serve as an antidote to awkward questions about excessive LDC lending and about what central bankers were doing to shore up the world’s financial architecture. (Goodhart, 2011: 86) Though a group of like-minded experts, it required unanimity for its outputs, which were recommendations to the G10. Until the LDC defaults, virtually no progress had been made in reforming international finance. Indeed, the BCBS early efforts to create an early warning system (EWS) for international financial crises produced no warning for the defaults and concerns about foreign exchange speculation no standards of hedging exposures. The output seems to have been reports, not standards.

With different procedures and attitudes, as well as conflicting national ambitions, getting a consensus among the G10 countries on even some vague “best practice” came slowly. While the participants understood the value of simplicity in capital adequacy, national interest stood in the way. Debates revolved around risk weighting for investments, the components of capital, and the number and components of asset categories, but technical analysis seemed always to play second fiddle to country preferences, which for Europeans included bank investments in government and quasi-government paper. The increasing evidence of “shaky” LDC debt compounded the problem. (Goodhart, 2011: 157-160)

4 The U.S. / U.K. capital adequacy proposal and Basel I

In the mid-80s, U.S. officials became increasingly impatient with the pace in Basel.

Mexican, Argentinian, Brazilian and other countries’ actual or threatened defaults revealed the capital insufficiency of money-centered banks. The Latin American Debt crisis threatened

3 “Lender of last resort to Topsy,” The Economist , 87-88 and “Home truths from Basle”, The Economist , 82-83. 12

to force government banking bailouts and increased the political pressure to reign in on its banks’ speculative excesses. Letting a large bank fail was out of the question, but more control was the quid pro quo of the implicit government guarantee of multinational banks. (James, 1996). This led the U.S. Congress to pass in 1983 the International Lending Supervision Act (ILSA), requiring higher capital standards and greater supervision of U.S. bank foreign lending.

This was not enough however to convince other regulators that stronger capital controls were necessary. As demonstrate above, European regulator had less concerns about depositor bail-ins (Germany, Italy), or less qualms about bailouts (, ) and hence no interest in burdening their banks with additional regulation. What changed the dynamics of the decision making process was the rapid increase of market shares for mostly Japanese but also French banks in international markets. The U.S. Congress put pressure on the chair of the Fed, Paul Volcker, to find higher, harmonized capital ratios, a pressure which Volcker passed on to the BCBS via the G10. American leaders first turned to the United Kingdom and then to the BIS to find palatable international banking standards, which would satisfy both their general constituencies and banks. After a halfhearted response from the other Basel committee countries, in 1986, the United States and United Kingdom used a tactic that is well known from trade negotiations. They went their own way, creating their own CAR, implicitly threatening other countries with exclusion from their markets, if those countries failed to apply the same standards. (Kapstein, 1991)

This American and British action put pressure on the BCBS, whose German, Japanese, and French representatives dissented from tighter CARs and whose complaints had to be integrated into the outcomes. (Goodhart, 2011: 194-95) Without any legal authority, suddenly the BCBS seemed forced to shift from merely making recommendations to its Governors to formulating regulations for the G10 as well as other countries. (Goodhart, 2011: 5). The U.S. strategy worked: within two years the BCBS agreed on capital adequacy regulation as its principal tool for international prudential regulation and the “Cooke Ratio” as a common standard thus creating international standards that mirrored the U.S. capital adequacy requirements.

The motive for the UK and US initiatives was not only concern about the safety and stability of the financial system. The rapidity of the implementation and as we want to argue also the choice of the regulatory tool was certainly influenced by the intention to prevent

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Japanese and to a lesser extend French banks from further expanding their market share in the Euro markets. American banks had always considered that “Euro-Dollars Are Our Dollars, ”4 but by the mid-80s Japanese and French banks had captured substantial market shares. These new entries could offer competitive rates not only with their extraordinarily low equity ratios (around 2%), but also because they benefitted from an implicit government guarantee – government and Keiretsu shareholders – whose return requirements were far lower than those of shareholders of listed U.S. and U.K. banks. Moreover, they drew cheap deposits from sheltered domestic sources with uncompetitive credit practices. In France, until 2005, banks were legally forbidden to pay interest rates on checking accounts and, in Japan, the postal savings system tapped into a large portion of a market with very high savings at extremely low interest rates.

The fact the Basel regulation had a protectionist motive was certainly not hidden. In fact the text of the accord explicitly states two “fundamental objectives”, the prudential one of “soundness and stability of the international banking system” and the protectionist one to “diminishing an existing source of competitive inequality among international banks” (Basel Committee, 1988 paragraph 3). The relative importance of the two objectives is difficult to assess but Tarullo (2008) observes that “by the time hearings on the proposed Basel accord were held by the banking committee of the House of Representatives in April 1988, not a single member of the committee inquired into whether the proposal was adequate to protect the safety and soundness of the financial system. Nearly every question was focused on whether US banks (…) would be competitively disadvantaged”. (Tarullo, 2008:52)

Hence, by political standards, the 1988 capital accord was a success. However from a prudential view, its imperfections were obvious and much commented upon. We have already discussed the problems associated with focusing exclusively on credit risk, the following Section will illustrate that using capital adequacy as the unique regulatory tool was a remarkable break from the tradition of bank regulation.

5 Judging the effectiveness of capital adequacy

In fact, capital adequacy had only emerged in the 1980s as an important tool for banking supervision and regulation. Compulsory minimum capital requirements did not exist in either the United States or in other Basel Committee countries before the 1980s. Until the

4 The Economist , 2 March 1963, 828. 14

late 1970s, the U.S. Office of the Currency (OCC) explicitly emphasized the importance of a variety of nonfinancial factors in assessing the adequacy of a bank’s capital. (Tarullo, 2008). For example, the OCC assessed the quality of management, the liquidity of assets and liabilities, and the earnings histories of banks. With the 1978 establishment of the Federal Financial Institution Examination Council, this multifaceted approach was formalized and became the CAMELS framework, with which a bank’s capital level, asset quality, management, earnings, liquidity and sensitivity to all come together to provide a reliable assessment of the bank’s stability.

There are a number of reasons for why capital adequacy was not viewed as an useful concept by many bank regulators. Most importantly the experience of the bank failures of the 1970s and 80s had demonstrated that losses were typically substantially larger than what even reasonably high capital levels could have absorbed. For example, Continental Illinois had approximately $40 billion in assets in 1984, but received a total of $5.5 billion of new capital and $8 billion in emergency loans, implying that an equity ratio of well more than 10% would have been necessary to prevent a failure, even if the instability had not generated a run by international creditors. (FDIC, 1998)

These figures are not at all unusual. The FDIC provides loss estimates for 2093 out of the 2402 bank failures and assistance programs from 1986 to 2000. The average loss during this period amounted to 24% of the bank’s assets, the median loss was still 19% of assets. Fig.1 below was generated using information about bank failures in the United States provided by the FDIC, using all bank failures and assisted banks for which loss estimates are available.

160 140 120 100 80

Numberof failed banks 60 40 20 0 0,0% 5,0% 10,0% 15,0% 20,0% 25,0% 30,0% 35,0% 40,0% 45,0% 50,0% 55,0% 60,0% 65,0% 70,0% 75,0% 80,0% 85,0% 90,0% 95,0% Loss as percentage of total assets 100,0%

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Fig. 1: Distribution of losses for failed US banks 1986-2000

Only 15% of the losses are below 5% of assets and 20% below 8% which implies that only a very small fraction of failures could have been prevented with Basel I type capital adequacy. Obviously it can be argued that some of a bank’s total losses might only have been produced after the bank has become financially distressed, implying that lower equity ratios would have been sufficient to keep the bank healthy. Precise information on the origin and timing of the losses are difficult to obtain for a larger sample of banks, but for banks such as Continental Illinois or Herstatt, analyzed above in detail, this is clearly wrong. Losses that largely exceeded the bank’s capital preceded financial distress.

Another major shortcoming of the Basel I regulations is the focus on book equity. Regulators had long known that banks can manipulate this measure. This became apparent during the 1990s, when the Japanese, in particular, used a large range of techniques to produce high capital adequacy ratios, while remaining economically insolvent. These included: under-reserving against recognized bad loans (Fukao 2003), underreporting the number of bad loans (Hoshi and Kashyap, 2004), evergreening loans to underperforming companies (Peek and Rosengren, 2005), including deferred taxes in capital, even though deferred tax assets cannot be used as a buffer against failure, and finally “double gearing,” a practice where banks lend money to other institutions, which then in turn reinvest these funds as Tier 1 or .

Part of the reason for why this evidence does not seem to have deterred regulators from relying on capital adequacy regulation was a shift in the argumentation in the early 80s. The classic textbook explanation of capital as a “buffer” in case of losses was complemented or even substituted by a more theoretical one that argued that well capitalized banks had fewer incentives to take high risk. The 1988 Basel Accord explicitly stated that banks with high equity would be less prone to risk-taking behavior, in current jargon, because they would have more “skin in the game.” In other words, while it was obvious that high equity levels would not be sufficient to save a bank that taken excessive risk, the high capital levels thwarted excessive risk taking, a view that only receives little or no theoretical and empirical evidence in the academic literature. In fact, there is some evidence that the relationship between capital levels and risk taking is not straightforward. Sheldon (1996) reports that capital to asset ratios correlate inversely with Moody’s ratings and other measure of the default probability of banks. This relationship is likely due to a reversed causality: banks with a more risky strategy

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finding it necessary to hold more capital. The result still shows, however, that the disciplining effect of high capital ratios is likely to be small.

The actual numbers of 4 per cent for Tier 1 and 8 per cent overall capital on which the BCBS finally agreed, were not based on any empirical evidence on what should be the optimal capital ratios, but rather simply reflected a modest increase in capital compared to what most international banks were doing. (Goodhart, 2011: 195) Interestingly, although the Cooke ratio of 8% seemed to be rather on the high end of capital ratios used by several regulators in the mid-80s, with the introduction of Tier 2 capital, the possibility of including perpetual preferred stock in Tier 1 and the generous “risk” weighting scheme actually watered down the regulation substantially. Still, the Basel 1 standards were mostly tighter than existing capital adequacy standards. In fact, before the advent of the Basel regulations a number of countries had no capital ratios. Goodhart (2008: 197) lists an internal document showing that even among the BCBS countries France, Italy as the US and the UK had no regulatory capital ratios in the early 80s. Therefore, the Basel rules probably cannot be made directly responsible for a weakening of banking regulation. However there certainly was an indirect effect. With the newly implemented Basel regulations, existingmulti-criteria approaches were perceived as outdated, inefficient and were successively wound down.

6 Fixing Basel I?

To its credit, from the beginning, the BCBS recognized the severe limits of the rules that it had proposed. The official 1988 document clearly acknowledged that Basel I was a highly imperfect set of rules, covering only a small part of bank risks:

“It should also be emphasized that capital adequacy as measured by the present framework, though important, is one of a number of factors to be taken into account when assessing the strength of banks. The framework in this document is mainly directed towards assessing capital in relation to credit risk (the risk of counterparty failure) but other risks, notably interest rate risk and the investment risk on securities, need to be taken into account by supervisors in assessing overall capital adequacy. The Committee is examining possible approaches in relation to these risks. Furthermore, and more generally, capital ratios, judged in isolation, may provide a misleading guide to relative strength.”

Goodhart (2008, p.191) cites a note of the BCBS secretariat from 1988 stating explicitly that “if further work made it possible to develop a satisfactory method of measurement of interest rate risk for the business as a whole consideration should be given to

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applying some appropriate control alongside the credit risk framework.” Remarkably, however, further updates of the Basel framework did not focus on interest rate risk nor liquidity risk, which both had been recognized as essential during the earlier years of the committee. Extensions concerned market and which were certainly important but arguable less central to banking than the risks identified earlier on by the committee. Note that the 1996 Amendment includes only interest rate risk for debt securities in the trading book, but not on the general banking book which are predominant in a universal or commercial bank. In addition the implementation of these extensions entailed extensive compromises to gain political acceptance and major concessions to the banking sector. Overall, these extensions seem to have weakened rather than strengthened he regulatory framework.5 Hence, although the Basel committees had initiated a broad process bent on increasing international capital market safety and reducing monitoring costs, its recommendations remained narrow and ill focused. Despite the limits of capital adequacy as a tool for reducing system risk, the capital adequacy ratio continued to serve as a blueprint and core for future efforts.

The following table lists the key features of the original Basel I framework and the most important additions. Some effort has been made in the Basel II regulations to enlarge the framework beyond its focus on capital adequacy and add two additional “pillars.” However, the resulting construction was still very heavily imbalanced towards capital adequacy. Pillar II was supposed to take care of important risks, such as interest rate and liquidity risk left, but did not go much beyond the formulation of principles and objectives. The task to develop concrete tools to measures to limit these risks was left to national regulators, much as before.

Pillar III forced banks to disclose useful information, however, this information did not, as expected, trigger market discipline. Here as with the argument that more equity will lead to more prudent behavior, regulator seem to have relied on an overly simple economic

5 For example Zuberbühler (1996, p 769) states that “Compared with the present Swiss capital adequacy ratios for market risks, however primitive and incomplete they may be, the implementation of the Basle standard approach, let alone the models approach, would bring about a. further erosion of the once tough capital requirements. Every adaptation to the international minimum standards since 1989 has decreased the amount of required capital in Switzerland. The amendment of the Banking Ordinance of December 12th, 1994 resulted in a reduction from 81 to 72 billion for the entire Swiss banking system between 1994 and 1995 (Swiss National Bank, The Swiss Banking System in the Year of 1995 (Nr. 80), p. 45 and Tables 44.0 and 44.a.). Nobody can claim that the risks were reduced accordingly within one year. Our patience as regulators is running out, if the ongoing implementation exercise is moving into in the same direction.”

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reasoning. While it is certainly true that shareholders can lose their money if the bank take high risk, it is well understood that their losses are limited to their investment whereas their potential gains are unlimited. This implies that shareholders actually have incentives to increase the bank’s risk taking rather than incite the bank to prudency.

Market Risk Basel II Basel I (Cooke Ratio) Amendement (McDonoughRatio) Basel III

Date of proposal 1988 1996 2004 2010 Date of final implementation (EU) 1992 1998 2007 2019

Tier 1, Tier 2 Tier 1, Tier 2 Capital Definition Tier 1 and Tier 2 and Tier 3 and Tier 3 Tier 1, Tier 2

Credit, Market, Credit, Market and Operational and Risk Credit Risk Market Risk Operational risk Liquidity risk

Supervisory review Non Capital Supervisory review (Pillar 2), Market Adequacy (Pillar 2) and Market Discipline (Pillar 3) Components Discipline (Pillar 3) and Liquidity ratios

Risk Internal (except Measurement External Internal Internal leverage ratio)

There is much evidence that the BCBS spent a great deal of time, not on including risks that had been omitted by the Basel I regulations, but rather on mitigating negative side effects created by its first attempt at international regulation. The risk weightings under Basle 1 were based on a pragmatic grouping of assets that were “ad hoc and broad-brush, based on subjective (and political) judgment, not on any empirical studies.” (Goodhart, 2011: 195) This led to serious distortions in bank asset portfolios, a consequence of the Basel Iaccord that was apparently not discussed at the time. Finer risk weightings were supposed to decrease the economic distortions created by regulatory arbitrage. However, the attempt to make

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capital adequacy requirement more risk sensitive led the regulators as well as the industry into a quagmire of complexity.

Essentially the BCBS started to integrate a set of risk assessment techniques developed in the 80s and 90s by Banker’s Trust, a mid-sized US commercial bank, interestingly initially without major academic input except for rudimentary portfolio theory. The responsibility of these tools for the demise of Banker’s Trust after a period of high profitability and rapid growth remains subject to some controversy, but unlike the BCBS techniques, these methods at least had some theory and empirical evidence to bolster their credibility. However, neither all the banks nor even the BCBS itself proved capable of employing these models without major assumptions about the future, yielding very disparate results about values and many control glitches (Goodhart, 2011: 248-251).

Despite the use of historical data, the methods require judgments and assumptions, not the least of which is the assumption that historical patterns and relationships will continue into the future, especially during traumatic times. Although the methodology is core to regulatory consistency risk assessment and is an attempt to evaluate mismatching of assets and liabilities, sadly they have demonstrated that portfolios of loans and trading assets still lead to very different risk assessments, in part because they are dealing with assets and liabilities whose underlying (notional values) are so large and in part because they are not always really identical. Their ostensible matching (offsetting) is based on statistical analysis, the results of which may be limited in time. (Troege and Kobrak, 2013)

As a consequence, since the first Basel Accord was formulated, the complexity of international banking regulations has increased exponentially. The Basel I contained 30 pages; Basel II, 347, Basel III, 616 pages. But the length of the pronouncements is neither sufficient for grasping the increase in their complexity nor answering the question whether the increase is commensurate with the complexity of the transactions they are designed to regulate. Just defining the quality of capital has been tough. Basel I divided capital into two categories, paid in capital and retained earnings (Tier I), were allowed 100% as equity capital; limits were placed on Tier II, hidden reserves, perpetuals, subordinate debt, for example. Basel II expanded its original emphasis on credit risk by adding operational and market risk. Finally Basel II tried to move away from the exclusive focus on capital adequacy by introducing Pillars II (regulatory oversight) and III (disclosure). Despite the impressive

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“pillar” rhetoric, the whole regulatory building remained heavily lopsided, with Pillar II and III representing not more than stunted appendix to capital adequacy.

Understandably, the work of the BCBS required close, long-lasting working relationships with several outside professional bodies. Derivatives posed special problems. The size of the market and pace of innovation stymied both national and international regulators. Controlling them seemed to be a game of catch-up that regulators were losing to markets. Because of the importance of investment houses to this area, the BCBS worked extensively, for example, with the International Organisation of Securities Commissions (IOSCO). Jointly, committees of various groups of regulators tried to come up with prudent rules for securization, derivatives pricing, and the risk of contagion. (Goodhart, 2011: 479- 481) Derivatives also strained existing accounting rules. Many new derivative contracts were not traded on markets and were highly illiquid, testing existing rules about marking to market. Whereas accounting rules long held that “marketable” securities needed to be held at their market value, many products defied standard pricing. By the early years of the new century, accountants and others had signed off on the banks themselves using their own models to price the derivatives that they were carrying on their books.

7 Conclusion

In light of nearly three decades of increasing international financial regulation, it is hard to know whether the glass is half full or half empty. By some measures and among some constituencies, Basel I and II were great successes. For 20 years, regulators made many strides in codify and harmonizing national regulations. G-10 central bankers seem committed to greater coordination of finance. The decision to allow banks to use their own models to price instruments and assess market risk was generally applauded, especially by the banks and among some academics. The IMF and WB took on the responsibility for verifying implementation of the new rules via the Financial Sector Assessment Programmes. (FSAP) (Goodhart, 2011: 6) Nevertheless, while Basel rules have become less voluntary, the lack of enforcement mechanisms still limits implementation and deep-seated convergence, leaving a very heterogeneous system. (Bernauer, 2000)

Despite the adoption of their own models, bankers may have been the actors most critical of the system. The introduction of new products and currencies coupled with the added complexity of dealing with different national bank standards have led to distortions in competition and added costs, which are particularly hard for smaller banks to bear. (Busch,

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2009) Meanwhile, the vast increase in the volumes and complexity of financial transactions have augmented the opportunities and dangers of mismatching, which older and even current versions of Basel Accords hardly address. Although we agree with the Harold James’ observation that financial innovation, like all innovation, may breed fear, which takes the form of charges of hubris and opportunism among those with new ideas, history also counsels that “paranoia” is sometimes justified. (James, 1996) Our analysis suggests that international attempts at bank regulation over the past 30 years smack of too much complacency at best or worse still a willingness to ignore some obvious consequences of the new rules and a lack of will to tackle more difficult, but necessary, measures. Far from consolidating and strengthening banking regulation, the Basel framework might better be conceived as part of the general movement towards deregulation that was initiated in the 1980s, some of which contributed to the 2008 Bankers’ Panic. Rather than setting limits on bank activities and stabilizing international finance, its focus on capital as principal regulatory variable is an historical accident, motivated in part by a desire to protect one banking business model against others. Perhaps unavoidable in international negotiation, Basel I appears as a race to the bottom. Instead of completing the Basel rules with stricter national rules as some such as the United States did, the Basel framework became the de facto norm which resulted in a major deregulation of regulatory standards.

In fairness to the Basel Committee, it had a “tiger by the tail.” By the time Basel I capital and leverage ratios as well as reporting requirements were agreed and more importantly implemented, a veritable revolution in organizational and product structure of banks was well under way. Led by American and British banks anxious to harness the vast growing amounts of Eurodeposits, the participants in these offshore markets became increasingly clever at attracting and lending across borders. The lightly regulated Euromarkets not only became centers of innovation but more importantly of attracting funds for banks incorporated in countries whose investment demands and business plans outweighed domestic sources of financing.

On several occasions, the banking system went through a new round of crisis before the new standards derived from the old could be implemented. In general, from 1974 to the present, both domestic and international regulators seemed consistently behind the curve in their attempts to control the new financial architecture. Only as a reaction to further crises and banking failures did market and operational risk come on the agenda, for example. Even before Basel I was implemented several money center banks perceived that they were better 22

off shifting their business model from risky loans to providing advice, designing new products, and making markets for complex derivatives. New negotiations started in 1999, lasted to 2004, and were released in 2006. The world of finance had changed enormously in the interim. Basel II, agreed in 2004, sought to adapt capital and adequacy rules principally to derivative instruments, whose volumes as measured by notional value had already climbed by that time to nearly ten times Gross World Output ($300 trillion), 85% of which was traded outside of organized exchanges. (Erturk, 2008) The complexity of financial instruments continued to contribute to growth of banks and transactions, which required greater sources of capital as well as costly international and IT investment, which in turn created greater competition and demands for higher volumes.

Whereas some observers complain about a lack of bank regulation, the new regulation may have spawned conditions that increased risk taking and contributed to (or at least did little to avert) several crises, including the Asian Debt Crisis and LTCM bankruptcy. Encouraging banks to move from risky loans, covered by Basel I regulations, to find a new business model, one that emphasized the design, sale of complex instruments and making internal markets for those instruments (only lightly covered by Basel II) serves as an excellent example of the Law of Unintended Consequences. When fell, most major American banks were considered reasonably well capitalized by Basel II requirements. (Cathcart, et al, 2013) Indeed, the very existence of the standards may breed over confidence. (Engelen, et al., 2011)

Building on existing organizations and techniques, created for different purposes, for nearly 40 years, the world financial community experimented with an ambitious project of coordinating, leveling, and solidifying the financial playing field, in a quest not only to increase stability but also competitive equality. Those efforts mix technology of very recent vintage with institutions and organizations from earlier periods, augmenting the risk of conflicting signals or worse still significant holes in supervision. Even though the financial sector has become much larger and complex over the past 40 years, the process of adaption has not included a wholesale rethinking and perhaps restructuring of our current business and regulatory models, such as that which accompanied the Bretton Woods System. Accounting rules and bank annual reports, for example, never completely adequate for simpler businesses, have expanded greatly, ostensibly to give users of financial information more direct access to valuing complex bank positions. Nevertheless, banking activities probably remain less transparent today than they were 40 years ago. Even noted experts in derivative instruments, 23

for example, cannot evaluate the banks’ positions, which continue to make up major parts of money-center bank activity. Even after 2008, many megabanks still trade and house what were deemed “toxic assets” (liabilities) before they were bailed out, with historical low amounts of real equity capital, rather than lending funds that require them to engage more capital under the Basel rules.

This historical argument suggests that Basel III will be plagued by the same difficulties as its two earlier versions. Little in the rules deal with mismatching of currencies and complex derivatives, the carry trade, hedge fund counterparty risk, and other activities and institutions that had grown immensely in just the seven years before release. Moreover, the regulations failed to deal with many other causes of the crisis: lax monetary policies, trade imbalances, over-reliance on rating agencies, and political decisions to ward off the effects of globalization with new subsidies and debts, which formed the political-economic context of the 2008 Panic. While some of those contexts have been eased and central banks have pumped more capital and liquidity into banks, little has been done to stop banks from rolling out a plethora of new, very risky products.

The Basel Accords and the processes which led to them point to an even more several general weaknesses in international and national financial regulation. Adapting rules to an ever-changing series of specific product and organization innovations may be flawed in that it does not address management and shareholder incentives as well as the imbalance of resources between the public and private sectors. (Rajan, 2008) These problems are compounded by regulatory competition (and private arbitrage) between the countries fixing the rules. Moreover, international standards still need national approval and application, a highly charged political process. Continued reliance of dubious book values of equity, stress tests based on statistical assumptions, and flawed accounting standards facilitates dangerous reliance on misleading aggregate numbers. This was well understood by German and Japanese banks (and their regulators) that held huge "hidden reserves," against uncertainty rather than risk. (Barth et al., 2012) There are many facets to the weakness of regulators vis-à-vis their charges. Although regulators in many countries seem to recognize the limits of the system that evolved before the 2008 Panic, there was and is little consensus about new approaches. Some of the problem seems to lie in the unwillingness of regulators to take on the principals (and principles) of megabanks, for fear of destabilizing the system, or worse still for fear of threatening profitable exchanges between the private and public sectors. They seem blithely to disregard 24

Paul Volcker’s famous maxim: "save the banks but not the bankers." Often regulators are just out gunned by the banks’ ability to marshal resources to defend their actions. We would add another explanation: a consensus among regulated and regulators, a shared new ideology, convenient for both, which entails faith in neat automated, mathematic models for assessing and managing risk, based on assumptions about the identity of instruments and changes in their variances and co-variances, the bedrock of value-at-risk assessment and stress tests. While the modeling is not assessable to even the well-informed observer, the shared assumptions, precision, and elegance of the formulas, appeals to those who cannot afford the time and energy to examine banking activities in more detail.

Moreover, the approach to regulatory reform included, indeed perhaps required as a necessary precondition, commitments to massive and direct government bailouts of ailing financial organizations for “the public good.” Ironically, the international regulation has contributed to just the “unfair” governmental subsidies that American and British banking systems disliked with Japanese and French competitors, and to aggressive competition involving reckless risk taking by “too-big-to-fail” mega-financial organizations.

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References Websites:

Barth, J. R., G. Caprio and R. Levine (2012). “Guardians of Finance, Making Regulators Work for US, MIT Press. http://www2.fdic.gov/hsob/SelectRpt.asp?EntryTyp=30&Header=1 Historical Statistics on Banking (HSOB), Failures & Assistance Transactions

Books and Articles :

Admati, Anat and Hellwig, Martin. (2013). The Bankers’ New Clothes: What’s Wrong with Banking and What to Do about It . Princeton: Princeton University Press.

Bär; Hans (2004) Seid umschlungen, Millionen. Ein Leben zwischen Pearl Harbor und Ground Zero. Orell Füssli, Zürich.

Barth, J. R., Caprio, G., & Levine, R. (2012). Guardians of Finance: Making Regulators Work for Us . MIT Press.

Busch, Andreas. (2009). Banking Regulation and Globalization . Oxford: Oxford University Press.

Cathart, L. et al. (2013) “The Basel Requirement Puzzle: A Study of Changing Interconnectedness between Leverage and Capital Ratios.” Working Paper. The Financial Engineering and Banking Society.

Capie, F. (2010) The Bank of England: 1950s to 1979, Cambridge University Press

Cihak, M., Demirgüç-Kunt, A., Martinez Peria, M. S., & Mohseni-Cheraghlou, A. (2013). “Bank regulation and supervision in the context of the global crisis.” Journal of Financial Stability , 9(4), 733-746.

Eichengreen Barry. (1996). Globalizing Capital: A History of the International Monetary System . Princeton: Princeton University Press.

27

Engelen, Ewald, et al. (2011). After the Great Complacence: Financial Crisis and the Politics of Reform . Oxford: Oxford University Press.

Erturk, Ismail. et al., eds. (2008) Financialization at Work. London : Routledge.

FDIC (1997) History of the Eighties - Lessons for the Future, FDIC, http://www.fdic.gov/bank/historical/history/ )

FDIC (1998) Managing the Crisis: The FDIC and RTC Experience, available at http://www.fdic.gov/bank/historical/managing/

Federal Deposit Insurance Commission, History of the Eighties: Lessons for the Future , Vol. 1 (FDIC, 1997).

Genschel, Philipp and Plümper, Thomas. (1997). “Regulatory Competition and International Cooperation. MPlfG Working Paper, No. 97/4.

Goodhart, C.A.E. The Central Bank and the Financial System , (Houndmills, Basingstoke: Macmillian, 1995).

Goodhart, Charles and Delargy, P.J.R. (1998). “Financial Crises: Plus ça Change, plus c’est la Même Chose. International Finance , 1:2: 261-287.

Goodhart, Charles, et al. (1998). Financial Regulation. Why. How and Where Now? London: Routledge.

Goodhart, Charles. (2000). The Organizational Structure of Banking Supervision, vol. 127 of LSE Financial Markets Group Paper Series . London: LSE Financial Markets Group.

Goodhart, Charles. (2004). “Bank Regulation and Macroeconomic Fluctuations,” in Oxford Review of Economic Policy , 20(4): 591-615.

Goodhart, Charles. (2011). The Basel Committee on Banking Supervision: A History of the Early Years 1974-1997. Cambridge: Cambridge University Press.

Gup, Benton E. Bank Failures in the Major Trading Countries of the World , (Westport, CT: Quorum Books, 1998).

28

Gup, Benton E. ed. (2004). Too Big to Fail: Policies and Practices in Government Bailouts . Westport: Praeger Publishers Westport.

Haldane, Andrew G. and Piergiorgio Alessandri, "Banking on the State," 12th Annual International Banking Conference, Chicago, September 25, 2009.

Handelsblatt, Der Aufstieg und Fall des Bankhauses I.D. Herstatt 13.02.2009

Iwan-David Herstatt, Iwan-David. (1992) Die Vernichtung: Glanz und Ende des Kölner Bankhauses I.-D. Herstatt, oder, Wie ich um mein Lebenswerk betrogen wurde, Edition q

James, Harold. (1996). International Monetary Cooperation since Bretton Woods . Oxford: Oxford University Press.

Kapstein, Ethan B. (1991). “Supervising International Banks: Origins and Implications of the Basle Accord,” Essays in International Finance, Princeton University, No. 185.

Koch, P. (2012), Geschichte der Versicherungswirtschaft in Deutschland, von P Verlag Versicherungswirtschaft GmbH, Karlsruhe

Moran, M. (1984). The politics of banking: the strange case of competition and credit control. London: Macmillan.)

Moss, D. A. (2004). When all else fails: Government as the ultimate risk manager . Cambridge, MA.: Harvard University Press.

Norton, Joseph Jude. (1995). Devising international bank supervisory standards . London and Boston: Graham & Trotman/M. Nijhoff.

OCED Economic Survey. (1993) “Norway, 1992-1993” Paris. Pecchioli, R. M. (1987). “Prudential supervision in banking .” Organisation for Economic Co-operation and Development.

Perez Sofia, Banking on Privilege: The Politics of Spanish Financial Reform , (Ithaca: Cornell University Press, 1997).

Rajan, R. J. (2010). Fault Lines: How Hidden Fractures Still Threaten the World Economy . Princeton: Princeton University Press.

29

Ranciere, R., Tornell, A., & Vamvakidis, A. (2010). “Currency mismatch, systemic risk and growth in emerging Europe.” Economic Policy , 25 (64), 597-658..

Reinicke, Wolfgang H., (1995). Banking, politics, and global finance: American commercial banks and regulatory change, 1980-1990 , Aldershot, England and Brookfield, USA: Elgar.

Sheldon, G. (1996). Capital asset ratios and bank default probabilities: An international comparison based on accounting data. Swiss Journal of Economics and Statistics (SJES) , 132 (IV), 743-754.

Spero, Joan Edelman. (1999). The Failure of Franklin National Bank: Challenge to the International Banking System . New York: Beard Books.

Sprague, Irvine H. Bailout: An Insider’s Account of Bank Failures and Rescues , (New York: Basic Books, 1986).

Tarullo, D. K. (2008). “Banking on Basel: the future of international financial regulation.” Peterson Institute.

Thompson, James B. “Predicting Bank Failures in the 1980s,” Economic Review—Federal Reserve Bank of Cleveland , Vol. 27, No. 1 (First Quarter, 1991): 1-9.

Troege, Michael and Kobrak, Christopher. (2013) “Nous pouvons simplifier la régulation financière!” Revue Banque, December 2013

Vale, Bent (2007). “Cross border contagion links and banking problems, in International Financial Instability: Global Banking and National Regulation” Evanoff, George G. Kaufman, John Raymond LaBrosse eds.World Scientific.

Vale, Bent. “The Norwegian Banking Crisis,” Occasional Paper No 33, Norges Bank, 2006 Vives, Xavier. “Deregulation and Competition in Spanish Banking,” European Economic Review , Vol 34 (1990): 403-411. Wilmarth Jr., Arthur E. (2002) “The Transformation of the U.S. Industry, 1975-2000: Competition, Consolidation and Increased Risks,” University of Illinois Law Review , Vol. 2002, No. 2, 2002.

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Appendix A

Bank failures 1970-1900. Cause and resolution. In this table we have extracted the likely reason for the bank’s failure and the origin of the compensation for the bank’s losses from a number of sources (Goodhart 1995, Gup, 1998, FDIC, 1997, OECD 1993, Perez, 1997, Sprague 1986, Thompson 1991, Vale 2006, Vives 1990). We have tried to classify the reasons for bank failures into four categories 1) Credit risk 2) Fraud) Market risk 4) Liquidity risk. We define fraud broadly, including for example related party and intra-group lending. Often the sources indicate fraud together with other types of risk as the reason for a bank’s failure. In this case we assume that fraud was the principal source of risk.

Europe Type of Private sector Year Bank Risk bail in 1974 Bankhaus I.D. Herstatt (Germany) Market yes 1975 Allgemeine Wirtschaftsbank (Austria) Fraud yes 1976 Banque pour l'Amérique du Sud () Fraud no 1977 ATS Bank für Teilzahlungskredite (Austria) Fraud yes 1978-83 Spanish Banking Crisis Fraud yes 1978 La Banque Van Loo (Belgium) Fraud no 1979 Banque Belgo-Centrade (Belgium) Fraud no 1980 Banque Andes (Belgium) Liquidity yes 1981 Amsterdam American Bank () Liquidity yes 1981 Banca Steinhauslin SpA (Italy) Fraud yes 1982 Banque Copine (Belgium) Credit no 1982 Banco Ambrosiano (Italy) Fraud yes Schröderm Münchmeyer, Hengst & Co 1983 (Germany) Credit yes 1983 Tillburgsche Hypotheekbank (Netherlands) Credit yes 1983 Fiskernes Bank (Norway) Credit yes 1984 Johnson Matthey Bankers (GBR) Market yes 1985 Kronebanken (Denmark) Credit yes 1987 6. juli Banken (Denmark) Credit yes 1987 C&G Banken (Denmark) Credit no 1988 Banque Internationale pour l'Afrique Occidentale Market yes 1988- 1991 Norwegian Bank Crisis Credit yes 31

1988 Sunnmorsbanken (Norway) Credit no Banque de Participations et de Placements 1989 (France) Fraud no no Canada no 1985 Candian Commercial Bank Credit yes 1985 Northland Bank Credit no 1985-86 Continental Bank of Canada Liquidity no 1985-86 Bank of British Columbia Fraud no no United States no 1971 Unity Bank Credit yes 1972 Bank of the Commonwealth Fraud no 1974 Franklin National Bank Fraud no 1979 First Pennsylvania Bank Liquidity no 1980s Saving and Loans Crisis Market no 1982 Penn Square Bank Credit no 1983 First National Bank of Midland Credit no 1984 Continental Illinois Bank Credit no 1986 First Oklahoma Credit no 1987 BancTexas Group Credit no 1987 First City Bancorporation of Dallas Credit no 1988 First Republic Bank Credit no 1989 Mcorp of Houston Credit no 1989 Texas American Credit no 1981- 1985 Mutual Savings Bank Crisis Market no 1980- 1990 Agricultural Bank Failures (Midwest) Credit no

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