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Peer Review of Indonesia: Review Report

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Peer Review of Indonesia: Review Report Peer Review of Indonesia Review Report 26 February 2021 The Financial Stability Board (FSB) coordinates at the international level the work of national financial authorities and international standard-setting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financial sector policies. Its mandate is set out in the FSB Charter, which governs the policymaking and related activities of the FSB. These activities, including any decisions reached in their context, shall not be binding or give rise to any legal rights or obligations. Contact the Financial Stability Board Sign up for e-mail alerts: www.fsb.org/emailalert Follow the FSB on Twitter: @FinStbBoard E-mail the FSB at: [email protected] Copyright © 2021 Financial Stability Board. Please refer to the terms and conditions Table of Contents Foreword ............................................................................................................................... 1 Abbreviations ......................................................................................................................... 2 Executive summary ............................................................................................................... 3 1. Introduction ..................................................................................................................... 5 1.1 G20 OTC derivatives market reforms ................................................................... 6 2. OTC derivatives market structure .................................................................................... 6 3. Steps taken and actions planned .................................................................................... 8 3.1 Legal and regulatory framework ........................................................................... 9 3.2 Trade reporting .................................................................................................. 11 3.3 Central clearing .................................................................................................. 13 3.4 Exchange and platform trading .......................................................................... 15 3.5 Margin and capital requirements and other risk mitigation measures for NCCDs 15 4. Conclusions and recommendations .............................................................................. 16 4.1 Continue to improve reporting, use and transparency of OTC derivatives data .. 17 4.2 Address legal uncertainties relating to netting .................................................... 18 4.3 Implement remaining OTC derivatives reforms in an appropriately sequenced manner............................................................................................................... 19 Annex: Indonesia’s implementation of G20 financial reforms (as of October 2020) .............. 20 iii iv Foreword Financial Stability Board (FSB) member jurisdictions have committed, under the FSB Charter and in the FSB Framework for Strengthening Adherence to International Standards,1 to undergo periodic peer reviews. To fulfil this responsibility, the FSB has established a regular programme of country and thematic peer reviews of its member jurisdictions. Country reviews focus on the implementation and effectiveness of regulatory, supervisory or other financial sector policies in a specific FSB jurisdiction. They examine the steps taken or planned by national/regional authorities to address IMF-World Bank Financial Sector Assessment Program (FSAP) and Reports on the Observance of Standards and Codes recommendations on financial regulation and supervision as well as on institutional and market infrastructure that are deemed most important and relevant to the FSB’s core mandate of promoting financial stability. Country reviews can also focus on regulatory, supervisory or other financial sector policy issues not covered in the FSAP that are timely and topical for the jurisdiction and for the broader FSB membership. Unlike the FSAP, a peer review does not comprehensively analyse a jurisdiction's financial system structure or policies, or its compliance with international financial standards. FSB jurisdictions have committed to undergo an FSAP assessment every five years; peer reviews taking place typically two to three years following an FSAP will complement that cycle. As part of this commitment, Indonesia volunteered to undergo a peer review in 2020. This report describes the findings and conclusions of the Indonesia peer review, including the key elements of the discussion in the FSB’s Standing Committee on Standards Implementation (SCSI) in November 2020. It is the second FSB peer review of Indonesia and is based on the objectives and guidelines for the conduct of peer reviews set forth in the Handbook for FSB Peer Reviews.2 The analysis and conclusions of this peer review are based on the responses to a questionnaire by Indonesian financial authorities and reflect information on the progress of relevant reforms as of December 2020. The review has also benefited from dialogue with the Indonesian authorities and market participants as well as discussion in the FSB SCSI. The draft report for discussion was prepared by a team chaired by Daphne Doo (Hong Kong Securities and Futures Commission) and comprising Benjamin Cohn-Urbach (Australian Securities and Investments Commission), Robert Dübbers (European Commission) and Mohamed Wehliye (Saudi Central Bank). Eija Holttinen and Michael Januska (FSB Secretariat), Hwan-Seng Hee (Hong Kong Securities and Futures Commission) and Jessica Gao (Australian Securities and Investments Commission) provided support to the team and contributed to the preparation of the report. 1 See the FSB Framework for Strengthening Adherence to International Standards (January 2010). 2 See the Handbook for FSB Peer Reviews (April 2017). 1 Abbreviations Bappebti Indonesian Commodity Futures Trading Regulatory Agency BCBS Basel Committee on Banking Supervision BI Bank Indonesia CCP Central counterparty CDE Critical Data Elements CFD Contract for difference ETP Exchange traded product FSB Financial Stability Board FSAP IMF-World Bank Financial Sector Assessment Program FX Foreign exchange GDP Gross domestic product ICH Indonesia Clearinghouse IDR Indonesian Rupiah IMF International Monetary Fund IOSCO International Organization of Securities Commissions KBI Kliring Berjangka Indonesia LEI Legal Entity Identifier LPS Indonesia Deposit Insurance Corporation MOF Ministry of Finance MoU Memorandum of Understanding NCCDs Non-centrally cleared derivatives NDF Non-deliverable forward OJK Indonesia Financial Services Agency (Otoritas Jasa Keuangan) OTC Over-the-counter SA-CCR Standardised approach for measuring counterparty credit risk exposures (BCBS) SCSI Standing Committee on Standards Implementation TR Trade repository; “TR-like entity” UPI Unique Product Identifier USD United States Dollar UTI Unique Transaction Identifier 2 Executive summary Background and objectives The main purpose of this peer review is to examine steps the authorities have taken to implement over-the-counter (OTC) derivatives market reforms in Indonesia, including by following up on relevant FSAP recommendations and G20 commitments. Main findings Indonesia’s OTC derivatives market is relatively small, both compared to its economy and from a global perspective, but has been steadily growing over the past five years. Foreign exchange (FX) derivatives are by far the largest OTC derivatives class in Indonesia, followed by interest rate and commodity derivatives. The Indonesian authorities report that the COVID-19 pandemic has had a minimal impact on its OTC FX and interest rate derivatives markets. Domestic banks (including local subsidiaries of foreign banking groups and local branches of foreign banks) are the most active derivatives market participants and can only trade FX and interest rate derivatives. In 2017 the World Bank noted that Indonesia should develop its OTC derivatives market to enable risk hedging and further development of its capital market. The Indonesian authorities have made some progress in implementing OTC derivatives reforms, while focusing on developing their domestic derivatives market. Together with the Ministry of Finance (MOF), the authorities responsible for the development and application of OTC derivatives market reforms in Indonesia are: Bank Indonesia (BI); the Financial Services Authority (OJK); and the Commodity Futures Trading Regulatory Agency (Bappebti). Reporting requirements have been in place for banks’ OTC FX and interest rate derivatives transactions and for other participants’ commodity derivatives transactions for many years, and there is effective sharing and use of the data collected among domestic authorities. Progress continues on central clearing requirements and margin requirements for non-centrally cleared derivatives (NCCDs), and the authorities are appropriately prioritising these areas over establishing platform trading. In addition, the authorities continue to make progress on these reforms despite pressures in the wake of the COVID-19 pandemic. At the same time, further steps can be taken in this area. These include: improving the reporting, use and transparency of OTC derivatives data; addressing legal uncertainties in netting for derivatives transactions; and implementing remaining OTC derivatives reforms. Continue to improve reporting, use and transparency of OTC derivatives data The trade repository (TR)-like entity
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