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The case of the Bank of Credit and Commerce International (BCCI) illustrated the many existing gaps in the international rules and standards governing bank supervision. This book deals with these rules and advocates how they should develop. It is based on the thesis that the rules essentially `percolate' from the national, regional and international levels and that these areas have become integrally interconnected. The book concludes with proposals suggesting ways of better interconnecting the national, regional and international levels through more formal, legalistic and transparent structures. The work is aimed at the financial institutions community, legal practitioners and academics. Devising International Bank Supervisory Standards is the third volume in the International Banking and Finance Law series, which has been designed to provide a broad foundation for comparative analysis of changes and reforms occurring worldwide in international banking regulation and practice. It proves a valuable tool in the comprehension of both policies and practicalities reflected by these rapid changes and reforms.
This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.
To establish an effective program of banking supervision and prudential regulation, the public policy role of bank supervision must be clearly defined and understood and actions taken along several parallel tracks to strengthen the bank supervisory process, the legal framework, accounting and auditing, and the institutions themselves.
Capital adequacy regulations or quantity restrictions on bank portfolios put forward by the Basle Committee on Banking Supervision have virtually become an international standard of prudential regulation. Recent proposals aim at extending this approach to market risks, in particular to foreign exchange risk. The present paper provides a critical analysis of proposals to introduce foreign exchange position limits on a uniform cross-country basis, focusing on their effectiveness and their possible impact on the functioning of both mature and developing foreign exchange markets. Theoretical considerations are underpinned in the paper with descriptions of existing or proposed regulations, in a broad range of both industrial and developing countries. Experiences with the use of foreign exchange position limits in developing countries provide insight into their widespread use for other than prudential purposes, in particular to support exchange rate and exchange control policies.
This paper informs the Executive Board of the staff-level understandings reached with global Standard Setting Bodies (SSBs) on the use of the three financial sector supervisory standards in FSAPs: the Basel Committee’s Core Principles for Effective Banking Supervision (BCP), set by the Basel Committee on Banking Supervision (BCBS); the Insurance Core Principles (ICP), set by the International Association of Insurance Supervisors (IAIS); and the Objectives and Principles of Securities Regulation (Principles), set by the International Organization of Securities Commissions (IOSCO). As graded assessments of compliance with supervisory standards are voluntary, FSAPs have adopted a flexible approach to the use of supervisory standards. A standard is either assessed in full, resulting in grades, or used as the basis for a deeper analysis of selected elements of the oversight framework in a focused review, without grades. The SSBs and Fund staff have reached understandings on a refinement of the existing flexible approach, with sets of “base principles” serving as the starting points for focused reviews.
This study presents the case for an international banking standard (IBS) to deal with the rash of banking crises in developing countries. Over the past 15 years, almost three-fourths of the IMF's member countries have experienced at least one serious bout of banking problems; there have been at least a dozen developing country episodes where the costs of these crises amounted to 10 percent or more of the country's GDP; and the total public sector resolution costs of developing-country banking crises have been estimated to be $250 billion. Not only are these banking crises extremely costly to developing countries, they also pose increased risk to industrial countries. Morris Goldstein demonstrates that existing international agreements do not address the main sources of these crises, and the adoption of a voluntary IBS offers a more attractive route to banking reform than the relevant alternatives. The study recommends minimum standards in eight key areas of banking supervision and addresses the operational issues associated with the design and implementation of an IBS.
"Despite recently announced delays, Basel II-- the new standard for bank capital-- is due to be completed this year for implementation in the 13 Basel Committee member countries by the end of 2006. Should the other 170 plus member countries of the World Bank also adopt Basel II? Basel II was not written with developing countries in mind, but that does not necessarily mean that there is nothing in it for developing countries or that it can be ignored. Basels I and II represent a wide "Sea of Standards." Powell suggests five alternative island-standards and five navigational tools to help countries choose their preferred island within the sea. He suggests that for some developing countries, the standardized approach will yield little in terms of linking regulatory capital to risk, but that countries may need many years of work to adopt the more advanced internal rating-based approach. The author then proposes a centralized rating-based approach as a transition measure. He also makes proposals regarding a set of largely unresolved cross-border issues. This paper-- a product of the Financial Sector Operations and Policy Department-- is part of a larger effort in the department to inform policymakers on banking regulation and supervision"-- World Bank web site.