28.05.2018 SNB Working Papers What Do Swiss Franc Libor Futures Really Tell
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LIBOR Transition - Legislative Solutions
LIBOR Transition - Legislative Solutions FIA Conference LIBOR: Where Are We and Where Are We Going? April 28-29, 2021 Authors Deborah North, Partner David Wakeling, Partner James Bryson Leland Smith Tough legacy proposals Overview of Proposed Legislative Measures Targeting “tough legacy” contracts Potential legislative solutions in UK and US, as well as published legislation in the EU and NY ‒ UK proposals remain moving targets ‒ NY solution is law; US federal solution likely ‒ UK goes to source ‒ US and EU change contract terms ‒ Mapping the differences ‒ Safe harbors Others? © Allen & Overy LLP | LIBOR Transition – Legislative Solutions 1 Tough legacy proposals Mapping Differences Based on Current Proposals EU (Regulation (EU) 2021/168 of the European Parliament and of the Council amending Regulation (EU) 2016/1011(EU BMR), Proposal US (NY) dated February10, 2021 (and effective from February 13, 2021) UK (Financial Services Bill) Scope USD LIBOR only. Potentially all LIBORs. Currently expected to be certain tenors of GBP, JPY, and All NY law contracts with no Contracts USD LIBOR (subject to further consultation). fallbacks or fallbacks to LIBOR- a) without fallbacks All contracts which reference the relevant LIBOR. FCA based rates (e.g. last quoted b) no suitable fallbacks (fallbacks deemed unsuitable if: (i) don't cover discretion to effect LIBOR methodology changes as it LIBOR/dealer polls). appears on screen page. Widest extra-territorial impact (but permanent cessation; (ii) their application requires further consent Fallbacks to a non-LIBOR from third parties that has been denied; or (iii) its application no may be trumped by the contractual fallbacks or the US/EU legislation to the extent of their territorial reach). -
Switzerland in the Second World War
To Our American Friends: Switzerland in the Second World War By Dr. Hans J. Halbheer, CBE Honorary Secretary of the American Swiss Foundation Advisory Council in Switzerland and a Visiting Scholar at the Hoover Institution, Stanford University, California Dr. Halbheer wrote the following essay in 1999 to offer a Swiss perspective on some issues of the recent controversy to American friends of Switzerland. In addressing the arguments raised by U.S. critics of the role of Switzerland during the Second World War, I am motivated both by my feelings of friendship towards America and by my Swiss patriotism. For both of these reasons, I feel deeply hurt by both the charges against my country and the vehemence with which they have been expressed. During a recent period of residency at the Hoover Institution at Stanford University, one of the leading U.S. think tanks, I sought to present my personal standpoint regarding the lack of understanding about Switzerland’s role during the Second World War in many discussions with Americans both young and old. On these occasions, I emphasized my awareness of the fact that the criticisms of Switzerland came only from a small number of Americans. Despite the settlement reached in August 1998 between the two major Swiss banks (Credit Suisse Group and UBS) and two Jewish organizations (the World Jewish Congress and the World Jewish Restitution Organization), the matter has still not run its course, although it has widely disappeared from the American media. Unfortunately, I must maintain that as a result of the generally negative portrayal of Switzerland over the past few years, the image of Switzerland has suffered. -
Fiscal Conservatism and Autonomy Without Much Coordination
Nils Soguel The Swiss cantons: Fiscal conservatism and autonomy without much coordination Working paper de l’IDHEAP 13/2014 Unité de recherche en finances publiques Nils Soguel The Swiss cantons: Fiscal conservatism and autonomy without much coordination Working paper de l’IDHEAP 13/2014 Unité de recherche en finances publiques The Swiss cantons: Fiscal conservatism and autonomy without much coordination Nils Soguel* Institut de hautes études en administration publique-IDHEAP, University of Lausanne, Switzerland May, 2014 Abstract This paper presents the way the Swiss cantons were impacted by the 2008 financial crisis and its aftermaths, and the way they reacted. The Federal Constitution of the Swiss Confederation provides that “the Confederation [central government], the Cantons [sub-central governments] and the Communes [local governments] shall take account of the economic situation in their revenue and expenditure policies (Art.100, al.4)”. Simultaneously, it stipulates that “Cantons are sovereign except to the extent that “their sovereignty is limited by the Federal Constitution” (Art.3). Thus the cantons benefit from far-reaching political, financial and fiscal autonomy. In the past and despite the provision of Art.100, most of them have made use of this autonomy to engage in pro- cyclical fiscal policies. The pro-cyclical behaviour stems from a culture of rather conservative fiscal policy. This culture has indeed been transposed by individual cantons into their own legislation governing their public finance. Most have chosen to legally cap the deficit or even ban that possibility—often referred to as budget constraints—regardless the macroeconomic conditions. This particular institutional setting points towards the difficulty to conduct a consistent macroeconomic policy not only between the different tiers of government, but also between the fiscal and the monetary policies. -
Folder 29 Switzerland
TREASURY DEPARTMENT INTER OFFICE COMMUNICATION DATE TO Miss Hodel March 14, 1944 FROM R. B. Parke ~ubject: Recipien~s in Switz/rland of fu~ds remitted by relief organizations for reliif and evacuation operations in enemw and enemw-occupied territory. / In accordance with your request there are listed below the names and addresses of individuals to whom remittances are made by,relief organizations in this country for relief and evacuation operations in enero.y and enemw-occupied territory: . Address Organization Represented Dr. A. Freudenberg, 41 Avenue de Champel,Geneva, American Committee for Switzerland. · Christian Refugees, Inc. Rene Berthelet, 14 Waserstrasse, Zurich, ~ternational Rescue and Switzerland. Relief Committee. Noel Field, '- ,_ 12 Rue du Vieux College, Unitarian Service Committee. ····Geneva, Switzerland, Saly :Mayer, St. Gallen, Switzerland. J.D.C. Dr. Riegner, , Geneva, Switzerland•. · Vlorld Jewish Congress. Isaac Sternbuch, St. Gallen, Switzerland. Union of Orthodox Rabbis. Dr. B. Tchlenov International Red Cross, Gmeva Jewish Labof Coin.'irl.ttee and/or Dr. L •. Hersh, Professor at the Universi;ty ···- · · ·.· of Geneva. · - - In addition to the foregoing, the Intern~tional.Red Cross, Geneva, Switz~land, was the recipient of the sum of $100,000 from the JDC for the purchase of food and other suppli~ for distribution in Rumania, Croatia, Hungary and· Czechoslovalda. The Greek Legation, Bern, Switzerland;, \Vas ayo the recipient .. of a relat:i._vely small runount, 20,000 t1\v:i,_ss fr_51nc:3Jor the re:LJ._e_!'__E_f ~Cl_rE3ek~pationals >~ held as hostages in Northern Italy. The International Red Cross, Geneva, Switzer land, vms also the pa;yee designc>.ted in a license issti~d to the International Rescue and Relief Conunittee per1nitting it to remit $7,500 monthly for a period of six months for the relief of Spanish refugees_in camps .inSouth Frli.hceo · · r~_-·o_-./-_ ~- R. -
APAC IBOR Transition Benchmarking Study
R E P O R T APAC IBOR Transition Benchmarking Study. July 2020 Banking & Finance. 0 0 sia-partners.com 0 0 Content 6 • Executive summary 8 • Summary of APAC IBOR transitions 9 • APAC IBOR deep dives 10 Hong Kong 11 Singapore 13 Japan 15 Australia 16 New Zealand 17 Thailand 18 Philippines 19 Indonesia 20 Malaysia 21 South Korea 22 • Benchmarking study findings 23 • Planning the next 12 months 24 • How Sia Partners can help 0 0 Editorial team. Maximilien Bouchet Domitille Mozat Ernest Yuen Nikhilesh Pagrut Joyce Chan 0 0 Foreword. Financial benchmarks play a significant role in the global financial system. They are referenced in a multitude of financial contracts, from derivatives and securities to consumer and business loans. Many interest rate benchmarks such as the London Interbank Offered Rate (LIBOR) are calculated based on submissions from a panel of banks. However, since the global financial crisis in 2008, there was a notable decline in the liquidity of the unsecured money markets combined with incidents of benchmark manipulation. In July 2013, IOSCO Principles for Financial Benchmarks have been published to improve their robustness and integrity. One year later, the Financial Stability Board Official Sector Steering Group released a report titled “Reforming Major Interest Rate Benchmarks”, recommending relevant authorities and market participants to develop and adopt appropriate alternative reference rates (ARRs), including risk- free rates (RFRs). In July 2017, the UK Financial Conduct Authority (FCA), announced that by the end of 2021 the FCA would no longer compel panel banks to submit quotes for LIBOR. And in March 2020, in response to the Covid-19 outbreak, the FCA stressed that the assumption of an end of the LIBOR publication after 2021 has not changed. -
LIBOR Transition
JUNE 2021 LIBOR Transition AT A GLANCE WHAT IS LIBOR? Following guidance from the Financial Stability Board (FSB), regulatory led public/private working groups Interbank Offered Rates (IBORs), commonly referred were established to identify and promote adoption to as the London Interbank Offered Rate (LIBOR), are of robust alternate risk free rates (ARFRs) that were systemically important interest rate benchmarks, aimed based on substantial underlying transactions to at providing an indication of the average rates at which replace the various LIBOR currency rates. Most RFRs banks can obtain unsecured funding from each other were created as a response to the end of LIBOR; while in various currencies. Various regulatory authorities SONIA, which was historically referenced on overnight have announced their support for a reduced reliance on transactions, was reformed. IBORs, with cessation dates starting at the end of 2021, detailed in Figure 1. LIBOR has often been used in the industry as an interest rate benchmark rate for various LIBOR VERSUS RFR financial products ranging from capital markets to lending products including mortgages. LIBOR RFR In addition to LIBOR cessation, other benchmarks Term Term rate An overnight rate such as EONIA (Euro Overnight Index Average) will be benchmark e.g. (with no existing ceasing publication on 3 January 2022 and there are 3M, 6M, 1Y term structure)1 a number of other benchmarks that reference LIBOR in their calculations, which will be reformed, including View Forward-looking Backward-looking SOR (Singapore Dollar Offer Rate) and THBFIX (Thai Baht Fix). Secured? Unsecured Some based on a secured overnight rate, others WHAT ARE RISK FREE RATES (RFRS)? unsecured RFRs are interest rate benchmarks that seek to Credit Risk Embedded credit Near to risk free, measure the overnight cost of borrowing cash by risk component as there is no bank banks, underpinned by actual transactions. -
LIBOR Transition's Impact on the Derivatives Market
White Paper IBOR Transition’s Impact on the Derivatives Market July 2021 Contents Preparing for a World Without LIBOR ................................................................................. 3 Recent Developments .......................................................................................................... 5 COVID Impact on Fallback Calculation ............................................................................... 6 Impact on LIBOR-based Business Transactions ............................................................... 7 Conclusion .......................................................................................................................... 10 How Evalueserve Can Support Your Transition from LIBOR ......................................... 10 Abbreviations ...................................................................................................................... 11 References ........................................................................................................................... 12 2 IBOR Transition’s Impact on the Derivatives Market evalueserve.com Preparing for a World Without LIBOR The London Inter-bank Offer Rate (LIBOR) is the most important rate globally, referencing nearly USD 370 trillion (as of 2018) equivalent of contracts that cover a myriad of products such as mortgages, bonds, and derivatives. As a result, the transition from LIBOR is accompanied by a high degree of complexity that involves negotiating existing contracts with clients, assessing the -
The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoing
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 10-1-2012 The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoing Rosa M. Abrantes-Metz D. Daniel Sokol University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Antitrust and Trade Regulation Commons, and the Business Organizations Law Commons Recommended Citation Rosa M. Abrantes-Metz & D. Daniel Sokol, The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoings, 3 Harv. Bus. L. Rev. Online 10 (2012), available at http://scholarship.law.ufl.edu/facultypub/ 455 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE LESSONS FROM LIBOR FOR DETECTION AND DETERRENCE OF CARTEL WRONGDOING Rosa M. Abrantes-Metz* and D. Daniel Sokol ** In late June 2012, Barclays entered a $453 million settlement with U.K. and U.S. regulators due to its manipulation of the London Interbank Offered Rate (Libor) between 2005 and 2009.1 The Department of Justice (DOJ) Antitrust Division was among the antitrust authorities and regulatory agencies from around the world that investigated Barclays. We hesitate to draw overly broad conclusions until more facts come out in the public domain. What we note at this time, based on public information, is that the Libor conspiracy and manipulation seems not to be the work of a rogue trader. -
Icma Response to Hm Treasury Consultation on Supporting the Wind-Down of Critical Benchmarks1
15 March 2021 ICMA RESPONSE TO HM TREASURY CONSULTATION ON SUPPORTING THE WIND-DOWN OF CRITICAL BENCHMARKS1 Summary of key points 1. It is important to include explicit and clear continuity of contract and safe harbour provisions in primary legislation to reduce market uncertainty and the risk of litigation to the greatest extent possible. 2. Both continuity of contract and safe harbour provisions are needed. Continuity of contract provisions need to provide that legacy contracts referencing panel bank LIBOR should be read as – or “deemed to be” – references to “synthetic LIBOR” as determined by the FCA. A “deeming” provision like this is particularly important in cases where LIBOR is specifically described in legacy contracts by reference to its current features. 3. The continuity of contract provision needs to be accompanied by a safe harbour against the risk of litigation. This should provide that relevant parties would not be able to sue each other as a result of the changes to LIBOR. 4. The continuity of contract and safe harbour provisions need to be drafted as broadly as possible to include not only supervised entities using LIBOR under the UK Benchmarks Regulation (UK BMR), but also non-supervised entities, where the exposure and risk may be greater. 5. The ARRC has already proposed continuity of contract and safe harbour provisions under New York law. The continuity of contract and safe harbour provisions under English law should be designed to align internationally with the ARRC proposal, while being adapted to the provisions of the UK BMR. This is particularly important given the large volume of legacy US dollar LIBOR contracts governed by English law. -
Minutes of the Meeting of the Working Group on Sterling Risk-Free Reference Rates
Minutes of the Meeting of the Working Group on Sterling Risk-Free Reference Rates Thursday 15 December Barclays’ offices – Canary Wharf Minutes of previous meeting 1 The Minutes of the previous meeting on 26 November had been approved by written procedure prior to the meeting. Approval of secured benchmark design criteria 2 At its previous meeting, the Group had been invited to consider a draft ‘position paper’ outlining its preferred design criteria for a secured RFR, which aimed to encourage and facilitate the development of proposals for secured overnight repo indices that could serve as the RFR. The finalised paper was approved for publication to the Group’s pages on the Bank’s website. Firms’ reflections on OIS transition proposals 3 At the previous meeting, the Group had discussed how, if a secured rate were selected as the RFR, a transition of the SONIA OIS market to the new RFR could be achieved. A ‘big bang’ approach to transition had been proposed. The members of the Working Group were asked to provide their firms’ views as to the feasibility and desirability of the proposal. a) Of those firms who expressed a view, the majority felt that the big bang transition could be feasible since it would enable the simultaneous changeover of multiple contracts and reduce the risk of fragmented liquidity. However, members highlighted some important qualifications, such as the need for: a sufficient and transparent notice period; careful management of operational risks; coordination of implementation across major currencies to improve take-up of any ISDA protocols; negligible forward basis between SONIA and the new secured RFR; and broad end- user acceptance. -
Monetary Policy Assessment of 17 December 2020 Swiss National Bank Maintains Expansionary Monetary Policy
Press release Communications P.O. Box, CH-8022 Zurich Telephone +41 58 631 00 00 [email protected] Zurich, 17 December 2020 Monetary policy assessment of 17 December 2020 Swiss National Bank maintains expansionary monetary policy The coronavirus pandemic is continuing to have a strong adverse effect on the economy. Against this difficult backdrop, the SNB is maintaining its expansionary monetary policy with a view to stabilising economic activity and price developments. The SNB is keeping the SNB policy rate and interest on sight deposits at the SNB at −0.75%. In light of the highly valued Swiss franc, the SNB remains willing to intervene more strongly in the foreign exchange market. In so doing, it takes the overall exchange rate situation into consideration. Furthermore, it is supplying generous amounts of liquidity to the banking system via the SNB COVID-19 refinancing facility. The SNB’s expansionary monetary policy provides favourable financing conditions, counters upward pressure on the Swiss franc, and contributes to an appropriate supply of credit and liquidity to the economy. In the current situation, the inflation outlook remains subject to high uncertainty. The new conditional inflation forecast through to the end of 2021 is slightly lower than in September. This is primarily due to the renewed deterioration in the economic situation as a result of the second wave of the pandemic. In the longer term, the inflation forecast is unchanged from September. The forecast for 2020 is negative (−0.7%). The inflation rate is likely to be higher again next year (0.0%) and slightly positive in 2022 (0.2%). -
Annual Report 2018 Eidgenössische Finanzkontrolle Contrôle Fédéral Des Finances Controllo Federale Delle Finanze Swiss Federal Audit Office
EIDGENÖSSISCHE FINANZKONTROLLE CONTRÔLE FÉDÉRAL DES FINANCES CONTROLLO FEDERALE DELLE FINANZE SWISS FEDERAL AUDIT OFFICE 2018 ANNUAL REPORT BERN | MAY 2019 SWISS FEDERAL AUDIT OFFICE Monbijoustrasse 45 3003 Bern – Switzerland T. +41 58 463 11 11 F. +41 58 453 11 00 [email protected] twitter @EFK_CDF_SFAO WWW.SFAO.ADMIN.CH DIRECTOR’S FOREWORD FROM WHISTLEBLOWING TO PARTICIPATORY AUDITING In 2008, federal employees were not form www.whistleblowing.admin.ch. It is legally required to report the felonies now the IT system that ensures the an- they encountered to the courts. The onymous processing of reports. These experts of GRECO, a Council of Europe reports come from federal employees, anti-corruption body, pointed out this but also from third parties who have wit- shortcoming at that time in their evalu- nessed irregularities. ation report on Switzerland. For the SFAO, processing this infor- To remedy this shortcoming, the Federal mation is not simple. It is necessary to Office of Justice, in close cooperation sift through the information and critic- with the Federal Office of Personnel and ally verify onsite whether it is plausible. the Swiss Federal Audit Office (SFAO), Some reports may actually be intended introduced on 1 January 2011 the new to harm someone. It is then necessary Article 22a of the Federal Personnel to identify the appropriate time to initiate Act and the obligation to report felonies possible criminal proceedings and avoid and misdemeanours prosecuted ex of- obstructing them by alerting the perpe- ficio. This is when whistleblowing was trators of an offence. In any case, noth- launched at the federal administrative ing that could put the whistleblower in level.