Canada

Basel Committee publishes review of margining practices

On 29 September 2022, the Basel Committee on Banking Supervision (Basel Committee) published a report concerning a review of margining practices. Background In non-centrally cleared markets, the Basel Committee and the International Organisation of Securities Commissions (IOSCO) developed a framework that established minimum standards for margin requirements for non-centrally cleared derivatives (although not non-centrally cleared … Continue Reading

BCBS reaffirms Basel III implementation expectations and work priorities

By Simon Lovegrove (UK) on September 14, 2022 Posted in Africa, Asia, Australia, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 13 September 2022, the Basel Committee on Banking Supervision (BCBS) published a press release following a meeting of the Group of Central Bank Governors and Heads of Supervision (GHOS) reaffirming their expectation to implement Basel III in full and work as fast as possible; provide direction on future work on climate-related financial risks and … Continue Reading

CPMI /IOSCO report ‘Client clearing: access and portability’

On 8 September 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a report ‘Client clearing: access and portability’. The report considers the benefits and challenges of new access models to central counterparty (CCP) clearing and client-position portability. The report: Describes “direct” and “sponsored” access models … Continue Reading

Monthly Global FinTech regulatory updater

By Simon Lovegrove (UK) and Hannah Meakin (UK) on September 6, 2022 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought … Continue Reading

IOSCO final report on retail investor education in the context of sustainable finance markets and products

By Simon Lovegrove (UK) on September 1, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

Introduction On 31 August 2022, the International Organization of Securities Commissions (IOSCO) published a final report on retail investor education in the context of sustainable finance markets and products. The final report has been prepared by IOSCO’s Committee on Retail Investors which was mandated to identify developments in investor education with regard to sustainable finance, … Continue Reading

FSI paper on safeguarding operational resilience: the macroprudential perspective

On 26 August 2022, the Financial Stability Institute (FSI) published a paper on safeguarding operational resilience: the macroprudential perspective. The FSI was jointly created in 1998 by the Bank for International Settlements and the Basel Committee on Banking Supervision. Its mandate is to assist supervisors around the world in improving and strengthening their financial systems. … Continue Reading

Wolfsberg Group best practice guidance on transaction monitoring RFIs

On 23 August 2022, the Wolfsberg Group published best practice guidance on requests for information (RFIs) initiated as a result of transaction monitoring. An RFI is used when a correspondent (or any other provider of payment services) is seeking to understand the background of a transaction that has been processed through an account or relationship … Continue Reading

RCMP reports on the frozen assets under SEMA’s Russia Regulations

By Alison Fitzgerald and Stephen Nattrass on August 18, 2022 Posted in Canada, Regulations and investigations

Canada’s Special Economics Measure Act (SEMA) provides the Government of Canada the authority to impose sanctions on foreign jurisdictions and persons. Since February 24, 2022, Canada has frequently amended the SEMA (Russia) Regulations (SOR/2014-58) (and other regulations enacted under SEMA), to list a significant number of individuals and entities as “designated persons”, thereby imposing a … Continue Reading

CPMI / IOSCO discussion paper on CCP practices to address non default-losses

Introduction On 4 August 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a discussion paper on central counterparty (CCP) practices to address non default-losses (NDLs). Non default events can threaten a CCP’s viability as a going concern and its ability to continue providing critical services. … Continue Reading

Les lois canadiennes sur la protection des lanceurs d’alerte essuient des critiques

By Jessica Warwick on August 2, 2022 Posted in Canada, Competition Act, Regulations and investigations, Whistleblowers, White collar crime

Que l’on pense aux Panama Papers, à WikiLeaks ou au Watergate, les lanceurs d’alerte jouent un rôle essentiel dans la divulgation de la corruption et des abus de confiance du public. Voilà pourquoi de si nombreux pays se sont dotés de lois pour protéger les lanceurs d’alerte. Sauf le Canada. Les lois canadiennes en la … Continue Reading

Canada’s whistleblower protection laws under fire

By Jessica Warwick on August 2, 2022 Posted in Canada, Competition Act, Regulations and investigations, Whistleblowers, White collar crime

From the Panama Papers, to WikiLeaks, to Watergate, whistleblowers have been instrumental in exposing corruption and abuses of public trust. That is why so many countries have laws to protect whistleblowers. Except Canada. Canada’s whistleblower protection laws have received serious criticism from international watchdogs. This post looks at what protections are available, and how they … Continue Reading

Partnering in the Fight Against Financial Crime: Data Protection, Technology and Private Sector Information Sharing

On 20 July 2022, the Financial Action Task Force (FATF) issued a report intended to help jurisdictions enhance, design and implement information collaboration initiatives among private sector entities in accordance with data protection and privacy (DPP) rules so that the risks associated with increased sharing of personal data are appropriately taken into account. The report … Continue Reading

Lutte contre l’esclavage moderne et la corruption dans les chaines d’approvisionnement : les mesures proposées au Canada tiennent-elles compte des difficultés auxquelles font face les marchés émergents?

By Emily Deraîche-Grossberg on July 20, 2022 Posted in Anti-slavery, Canada, Modern Slavery Act, Regulation and compliance, Regulations and investigations

Au cours de la dernière année, les législateurs et les autorités gouvernementales du Canada ont redoublé d’efforts pour lutter contre la corruption et la violation des droits de la personne au sein des chaines d’approvisionnement mondiales. De tels efforts ciblent souvent des multinationales dans le but de leur imposer des obligations de vérification diligente concernant … Continue Reading

Fighting modern slavery and corruption in supply chains: do proposed measures in Canada account for the challenges facing emerging markets?

By Emily Deraîche-Grossberg on July 20, 2022 Posted in Anti-slavery, Canada, Modern Slavery Act, Regulation and compliance, Regulations and investigations

Over the last year, legislators and government authorities in Canada have increased efforts to combat corruption and human rights abuses in global supply chains. Such efforts often targeted multinational corporations (MNCs), with the aim of imposing anti-corruption and human rights due diligence obligations on MNCs that will ensure compliance among their small and medium-sized enterprise … Continue Reading

Progress Report on FSB Roadmap for Addressing Financial Risks from Climate Change

By Daniel Nevzat (UK) on July 15, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 14 July 2022, the Financial Stability Board (FSB) published its first report taking stock on the progress made by standard setting bodies and other international organisations on action taken on the Roadmap for Addressing Financial Risks from Climate Change. The Roadmap, which was published in July 2021, sets out a comprehensive and coordinated plan … Continue Reading

IOSCO recommendations related to the use of innovation facilitators

On 14 July 2022, the International Organization of Securities Commissions (IOSCO) issued a report on the use of innovation facilitators in growth and emerging markets. The report covers three types of innovation facilitators (IFs): innovation hubs, regulatory sandboxes, and regulatory accelerators. Chapter 1 of the report covers definitions and the risks and opportunities posed by … Continue Reading

Monthly Global FinTech regulatory updater

Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought them … Continue Reading

CPMI and IOSCO final report on the application of the PFMIs to stablecoin arrangements

On 13 July 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a report containing final guidance on the application of the Principles for Financial Market Infrastructures (PFMIs) to stablecoin arrangements (SAs) that are considered systemically important financial market infrastructures (FMIs), including the entities integral to … Continue Reading

FSB publish letter to G20 Finance Ministers and Central Bank Governors on the current outlook for financial stability

On 13 July 2022, the Financial Stability Board (FSB) published a letter to G20 Finance Ministers and Central Bank Governors regarding the current outlook for financial stability ahead of their meeting on 15-16 July. The letter warns that the combination of lower growth, rising inflation and tighter global financial conditions may crystallise pre-existing vulnerabilities in … Continue Reading

FSB interim report – Exit strategies to support equitable recovery and address effects from COVID-19 scarring in the financial sector

On 13 July 2022, the Financial Stability Board (FSB) published an interim report on exit strategies to support equitable recovery and address effects from COVID-19 and Russia’s invasion of Ukraine on the financial sector and how the FSB will address these issues going forward. It considers exit strategies in relation to financial stability and the … Continue Reading

IOSCO final report on operational resilience of trading venues and market intermediaries during the COVID-19 pandemic & lessons for future disruptions

On 11 July 2022, the International Organization of Securities Commissions (IOSCO) published a final report on the operational resilience of trading venues and market intermediaries during the COVID-19 pandemic & lessons for future disruptions. In the report IOSCO summarizes some of the existing operational resilience work by IOSCO and other international organizations and outlines how … Continue Reading

FSB statement on international regulation and supervision of crypto-asset activities

By Simon Lovegrove (UK) on July 12, 2022 Posted in Africa, Asia, Australia, Canada, Crypto assets, Crypto assets, Crypto assets, Crypto assets, Crypto assets, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 11 July 2022, the Financial Stability Board (FSB) published a statement on international regulation and supervision of crypto-asset activities. Key points from the statement include: Crypto-assets and markets must be subject to effective regulation and oversight commensurate to the risks they pose, both at domestic and international level. Crypto-asset service providers must at all … Continue Reading

FSB report on options to improve adoption of the LEI

On 7 July 2022, the Financial Stability Board (FSB) published a report exploring options to improve the adoption of the Legal Entity Identifier (LEI), in particular for use in cross-border payments. The report explores benefits that could accrue from the use of the LEI in cross-border payment systems and, in close coordination with the Global … Continue Reading

BIS report to G20 on interlinking payment systems and the role of application programming interfaces

By Albert Weatherill (UK) on July 11, 2022 Posted in Africa, Asia, Australia, Canada, France, Germany, Italy, Payment services, Payment services, Payment Services, Payment services, The Netherlands, United Arab Emirates, United Kingdom, United States

On 8 July 2022, the Bank for International Settlements published a report to the G20 that aims to help payment system operators and authorities understand and evaluate the benefits, challenges and risks of interlinking arrangements. In doing so, it also provides an overview of important trends in interlinking arrangements and application programming interface (API) adoption … Continue Reading