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THE FINANCIAL CRISIS AND REFORMING GLOBAL FINANCE Problem Statement, Recent Developments, and Contours of a Reform Agenda Leonardo Burlamaqui [email protected] New Delhi, India, January 29-30,2010 THE VISION “Public institutions need to be the vehicles by which leaders take public responsibility for the public interest. Otherwise, markets determine the public interest, which manifestly does not work, especially in finance.” THE PROBLEM STATED PROPERLY “I believe that the root cause of the present crisis lies in the intellectual failure of economics. It was the wrong ideas of economists which legitimized the deregulation of finance which led to the credit explosion which collapsed in the credit crunch” ( Lord Skidelsky, 2009 – Keynes: The Return of the Master ) THE INSTITUTIONAL IMPLICATIONS “At a deeper level, the crisis of 2008-09 and our continued dangerous financial system are very much the fault of our regulators. Bank executives are supposed to make money. They pursues profits – and rent extraction from the government. “It is the government’s responsibility to prevent people like Jamie Dimon from creating massive social costs. The failures here – and they were colossal – were on the part of the people who ran the Federal Reserve, the Treasury, and associated agencies over the past 20 or so years.” (S. Johnson . Jan/2010) THE POLITICAL ECONOMY DIMENSION We’re facing a big trade-off between corporate sponsored globalization and democracy. THE ANALYTICAL DIMENSION Late CAPABILITIES REQUIRED: Unique knowledge of business th 19 Century trough strategies the endand of firms competences; of their competitive ecology Schumpeterian Long-term Funding & Venture Capital Creative Bretton-Woods destruction Financial innovation financing productive Investment Development/ Structural Change RETURNS Sorosian Hedge Funds, Securitization & Leverage Post-Reagan Financial innovation financing Washington-Consensus speculation CAPABILITIES REQUIRED: Knowledge about the regulatory/legal loopholes and how to structure bets on the formation & evolution of prices in currency, commodities & securities markets PONZI/ MADOFF CAPITALISM Destructive creation THE CHANGING FINANCIAL LANDSCAPE Burlamaqui The Global Financial System: Multilateral and Public DC and Geneva BIS (G20 Central Banks) SEC FED IMF OECD European Central Bank the banking • Much broader than EUROPE SWFs IAIS •FSB Totally interconnected Fin Int Ass of GATS Stability IOSCO Board Int Fed of Accountants South Bank • Structurally changing as we speak Mortgage Funds Banking System Credit card Companies Chang Mai Init WFE World Fed of Exchanges Export Credit Agencies Fiscal Shelters Hedge and Private Equity Funds RMBS National Fin Reg Agencies Reg Dev Banks IASC Int Acc Standards Board Insurance Companies LAW FIRMS ACC FIRMS Bilateral Int. Trade & Arbitration Investment Tribunals Treaties Insurance Supervisors • Mostly unregulated Int Org of Sec Comm. IFAC Credit Rating Agencies BRICS system WTO WB Multilateral and Public Asia, Russia, Middle East and Latin America SIVs Global Corporations GLOBAL PRIVATE Pension Funds COUNTRIES & NATIONAL STATES The financial landscape: new developments in 2009 The G20 leaders’ summit in November 2008 urged that the FSB “must expand to a broader membership of emerging economies”. In January 2009, the IASB expanded its members and guaranteed geographical diversity on its Board for the first time. In February 2009, IOSCO invited securities regulatory authorities from Brazil, India and China to join a body that previously included mostly G7 countries. The financial landscape: new developments in 2009 In March, the BASEL COMMITTEE expanded its membership by inviting Australia, Brazil, China, India, Korea, Mexico, and Russia to join the existing members (who had previously all been from developed countries). Most dramatic of all was the announcement that same month to expand the FSB to include all G20 countries. Summing-up : the emergence of G20 as a new – potentialsource of power in global financial governance. BUT also: the emergence of the G2. G2 overriding G20 ? The financial landscape: new developments in 2009 Mr. Turner is daring ask the very question that Britons, Aggressive calls fromtoEuropean regulators formany a comprehensive indeed, many Americans, are it asking overhauland of the financial system. Will last themselves: (?) What good are banks if all they do is push money around and enrich themselves? As he sees it, the City takes too much from British society and gives back too little. Asian and Latin American emerging economies surface as better It has grown too big and too powerful. equipped the weather the financial storm than Europe or the US. And, he contends, the bankers have co-opted many of the regulators A structural change (?)who watch over them ( A. Turner: Chief British Financial Regulator, quoted in NYT 9/24/2009) The American Recovery and Reinvestment Act (5.8 % GDP) starts to impact the non financial sector. Depression avoided (?) “ Banks should be split into separate utility companies and risky ventures…. It’s a delusion to think tougher regulation [alone] would The Chinese stimulus package kicks crises” in (13.5 % of GDP). Asian prevent future financial growth reassured (?) ( Mervyn King. Governor of the Bank of England, quoted in FT 10/21/2009) The “Return of the State”: Public ownership of financial assets and financial institutions skyrockets. A new form of capitalism shaping up (?) ON THE DOMESTIC FRONT (US): The underlying roots of the crisis remain Toxic assets are still in hidden in bank’s balance sheets (which the Fed refuses to disclose). A year after Washington rescued the banks considered too big to fail, the ones deemed too small to save are approaching a grim milestone: the 100th bank failure of 2009 – 400 on the watch list .(NYT – October 10, 2009). Economic conditions in the real economy continue to deteriorate – unemployment has climbed to almost 10 % (not seen since 1983) and could reach 11% in 2010. The mortgage crisis far from solved: Serious Delinquency among Mortgagors 40 35 30 25 20 15 10 5 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Prime FRM Subprime FRM Prime ARM Subprime ARM 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Number of Foreclosures Started 650000 600000 550000 500000 450000 400000 350000 300000 250000 200000 150000 100000 50000 0 ON THE DOMESTIC FRONT: The underlying roots of the crisis remain Financial concentration has increased: the top 3 US banks "And – hard (up to believe now control 30 % of the all banks deposits, from 20 %). in a time when we're facing a banking crisis that many of the banks created - are still the mostbig powerful lobbygot on Capitol Hill. And they frankly own the place.“ Or…“Too to fail” worse… -Senator Dick Durbin (D-IL), April 27, 2009 . Investment banks are back in business ( JP Morgan: +11.9 B in 09), but credit is not flowing… “Lobbyists Mass to Try to Shape Financial Reform” “The financial services industry has poured than ropes $220 million into lobbying And other jumbo banks are stillmore on the (BOFA: -5.9 in 2009” B in 4th Q, Citigroup:-NYT, -1.6 B in 09). October 15, 2009. The “Volcker Plan” (1/2010). Will it succeed? Is it enough ? “The Obama administration’s proposal for a new Consumer Financial Protection Agency risks being watered down by lawmakers in Congress after lobbying from banks” The elephant in the room: the political influence of finance. -FT, October 16, 2009. THE COUNTOURS OF A REFORM AGENDA THE COUNTOURS OF A REFORM AGENDA - US Resolve the mortgage crisis through the homeowners side – not the banks - & demand complete transparency of mortgage lending, Rationalize the regulatory “maze” (ex. Dodd proposal), Establish a broad Financial Products Safety Agency, Realign compensation schemes to ensure “skin in the game” for fund-managers, traders, and CEO’s, Address financial industry political influence peddling – stop revolving door and reform campaign finance. Governance Failure : Financial Regulation in the US:A Very Inefficient Maze Commercial banks Thrifts Industrial Loan Companies Bank Holding Companies Securities and Exchange Insurance Credit Unions Futures THE COUNTOURS OF A REFORM AGENDA - GLOBAL Re-regulate the financial system: a Glass-Steagall for the 21st Century Establish a new division of labor among banks and financial institutions in general: traders should not be deposit takers and vice versa. Regulate credit and liquidity: limit leverage and raise capital requirements to banking and non-banking institutions(from Ponzi to Hedge units). Subject OTC custom made derivatives to a preapproval process (like prescription drugs…). If regulators don’t fully understand them, don’t allow. If they do, establish a trial period. THE COUNTOURS OF A REFORM AGENDA - GLOBAL Access best regulatory practices outside the US and UK and incorporate them. Bring all bank assets and liabilities onto bank balance sheets, subject to reserve & capital requirements. After a “grace period”, all off-balance sheet assets and liabilities declared null and void, unenforceable contracts. Create an adequate incentive system for regulators ( unless we want “good regulation under bad regulators”). THE COUNTOURS OF A REFORM AGENDA - GLOBAL Reform the BIS/BCBS: make it transparent assure broad representation and coordination capabilities. Replace Basel II in the direction of more intense macro-prudential regulation, less leverage and an early-warnings risk assessments system. Make rating agencies a public utility. Prevent “too big to fail”: restore the distinction among financial institutions and…. Use competition policies to prevent excessive concentration. THE COUNTOURS OF A REFORM AGENDA - GLOBAL Develop a global financial governance for development agenda based on regional financial cooperation and enhanced representation by non- G20 countries (The UN back at the negotiating table) . Create a “global financial governance body” (GFGB) where national regulation would prevail, but would be supplemented by international supervision, regulatory coordination and enforcement power (Housed where?). Establish a mechanism for coordinated capital account control under this GFGB. Reform the GATS agreement under the WTO. QUESTIONS FOR DISCUSSION: 1. The tensions between recovery and reform. 2. The political influence of the financial industry versus democracy. 3. The need to overcome the AngloAmerican intellectual hegemony. 4. The need to evolve from criticism towards building a coherent alternative. Thank you Appendix THE SYSTEM IN MOTION MINSKY’S MODEL AND THE NEW FINANCIAL SYSTEM : MAD MONEY INSTITUTIONAL FRAMEWORK: MARKETS AS WEBS OF CREDIT AND DEBT CONTRACTS Long Expansion: Δ credit + Fin innov. Lax monetary policy Δ Debt financing PONZI FINANCE Bad debt/ Losses Asset price deflation Derivatives ,& Securitization Reckless finance Trade Imbalances (Δ liquidity) Asset price inflation Financial fragilization Exc rate fluctuations ∆ interest rates PONZI SQUARE FINANCE Financial meltdown Liquidity & solvency problems Δ Profits Hedge & Private Eq Funds Policy Change Δ Leverage ∆ Debt Exc rate volatility ∆ Overshooted expectations SIVs, ∆ Fin Deregulation: Δ liquidity + Opaqueness Profits interest rates MADOFF FINANCE A few interesting books on the crisis, Keynes and Minsky The Fin Governance Grant’s Cluster: Burlamaqui Multilateral and Public LEVY DC and Geneva LEVY SEC FED NEW RULES WB BIC IMF OXFORD (GEG) PUBLIC CITIZEN WTO TWN GATS IOSCO Int Org of Sec Comm. IFAC Int Fed of Accountants FORUM DEM Center. Bilateral Int. Investment Arbitration Treaties Tribunals Multilateral and Public Asia, Russia, Middle East and Latin America BIS (G7 Central Reg OXFORD Banks) Dev BRICS (GEG) SWFs IBASE European Banks EURODAD CEDES ERF/ OECD Central IDEAS Bank National Chang EUROPE IPD SIENA CEPR Fin Reg South Mai Agencies TWN Init Bank FSF South IAIS Fin Int Ass of Center Credit Rating Stability Insurance IASC Supervisors Forum Agencies Int Acc Standards LEVY WFE Board World Fed of Insurance Companies LAW FIRMS ACC FIRMS IPD CEPR Mortgage Funds Banking North System South Exchanges CUUS LEVY Hedge and Private Equity Funds RMBS Fiscal CFISheltersTJN SIVs Global De Corporations Justicia Export Credit Agencies Credit card Companies GLOBAL PRIVATE Pension Funds IPD COUNTRIES & NATIONAL STATES