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News review : Greenwich Associates and the virtue of optimisation

GREENWICH ASSOCIATES NEW REPORT EXTOLS THE VIRTUE OF OPTIMISATION.

Banks and their customers could reduce risk, save billions of dollars and improve investment returns by optimising their portfolios in the newly reformed interest rate derivatives market – all while reducing the risk in the system, according a new report from Greenwich Associates – Derivatives Clearing: The Next Chapter from Greenwich Associates.

The report concludes that the global derivatives market has successfully navigated the transition to the new clearing framework established by regulators in the wake of the global financial crisis, and is thriving today “because of, not in spite of, a slew of post-crisis legislation and regulation put in place over the past decade.”

It notes that reducing the amount of capital required to back derivatives trading is the key to higher profitability for banks and lower costs for investors. While on the surface this sounds like a systemically risky proposition, banks and their derivative customers should better optimise their swaps and futures holdings across clearinghouses. This would not only sharpen their risk management processes but also in a default scenario, the overall risk in the system would justify reducing the amount of capital required.

“Optimising a single dealer’s $10tn notional cleared derivatives portfolio could generate a reduction in capital requirements of $11.4bn dollars,” says Kevin McPartland, Head of Market Structure and Technology Research at Greenwich Associates, and author of the new report. “Apply that estimate across the top 10 derivatives dealers in the world, and the benefits become impressively clear.”

McPartland also believes that changing the rules set into motion by Basel III to exclude client margin from leverage ratio calculations could also be quite positive, reducing the amount of capital the largest clearing banks need to hold by roughly $20bn. “That money can then be used to bring on new clients, reduce clearing fees for existing customers or both,” he adds. “The change would also have a beneficial impact on swap dealers’ ability to provide liquidity to customers, making it more economical to hold positions and freeing up capital to facilitate additional client trades.”

Moreover, the report points out that regulatory action, while not required, could also boost savings and reduce risk in the interest rate derivatives market. Every $100m reduction in initial margin would result in a $30m reduction in bank capital requirements and a $400,000 reduction in fees to investors.

“Although regulators are increasingly likely to push through positive changes to capital rules, market participants are not and should not count on them to move their businesses forward,” concludes Kevin McPartland. “Dealers must continue to optimise their portfolios to gain access to the billions of dollars in capital savings available under the new market structure.”

©BestExecution 2017

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News review : FastMatch launches FX tape

D.Galinov

FASTMATCH LAUNCHES FX TAPE.

FX spot market operator FastMatch has launched its FX tape designed to improve post-trade transparency and allow traders to monetise their trading data.

According to FastMatch, FX Tape will allow market participants to monetise their trading data as well as serve as a central reference point for Spot FX transacted prices, helping market participants evaluate best execution performance.

Dmitri Galinov, CEO of FastMatch, explained the FX tape is a “significant stepping stone to building a more transparent market globally while providing a way for market participants to monetise their trade data”.

FX Tape will publish real-time post-trade information collected from market participants in aggregated and delayed fashion to minimise market impact. It will calculate a volume-weighted average price and total volume per currency pair every 500 milliseconds while the consolidated reference price will be published with a delay of 200ms.

The product will be available for distribution to thousands of market participants and vendors across the world via FastMatch’s and Euronext’s distribution networks. It will operate under an open access model with a percentage of the net revenue generated by FX Tape shared with contributors, according to the volume contributed.

In other words, electronic communication networks and other contributors will get more credit the more trades that they provide, which creates a financial incentive for a diversified set of participants to start reporting.

By default, the trades will be collected in aggregated and delayed fashion to minimise market impact, and possibly to reduce costs compared to the case where those trades are disseminated in real time

The new solution is modelled on similar projects for other asset classes such as equities, and consists of ECNs, banks and other financial institutions engaged in the FX market, to provide a last-sale data feed with price, size and timestamps. It is seen to be attractive because of the decentralised and international nature of the FX markets, and the lack of a single regulatory authority having responsibility for the asset class.

Euronext bought FastMatch for $153m earlier this year from the FXCM unit of Global Brokerage and commercial banks Credit Suisse Group and BNY Mellon Corp. FastMatch was established in 2012 by Credit Suisse and FXCM and currently provides access to large pools of spot FX liquidity to banks, non-bank market makers, broker-dealers, asset managers and hedge funds.

©BestExecution 2017

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Blog : FX post-MiFID II : Harpal Sandhu

Harpal S. Sandhu, Integral

CAN CURRENCY TRADING STILL FIND ITS VOICE POST-MIFID II?

Harpal S. Sandhu, Integral

By Harpal Sandhu, Founder and CEO of Integral

Not long ago, all trading was conducted over the phone between clients and their sales dealer at their bank. The advent of electronic trading has led to the decline, but not the end, of voice trading.  However, many fear that the demands for greater transparency and data capture under MiFID II will finish the job. MiFID II requires banks to record and report data not only for completed trades, but also for trades that they only quoted but never executed. This is a major change from current regime where clients pick up the phone, request a price and then if nothing is done, they can simply hang up without documenting the conversation.

The challenge facing banks today is that, despite regulatory pressures to push more currency trading on venue, customers still pick up the phone to discuss the best prices and market conditions, or to access liquidity for complex trades. This was supported in a report earlier this year by Greenwich Associates, which stated that voice communications will play a key role in the electronic trading era. Given this, how can banks undergo a seamless shift from how they carry out voice trading today to comply with MiFID II without any disruption to their business?

It can be done, but most of the solutions banks have been discussing are so cumbersome and disruptive that they are not really viable. But there is an elegant solution to this problem, which involves recording all the required MiFID II data for all trades – voice or electronic, executed or quoted, including a full market snapshot.

Undoubtedly, MiFID II will be a catalyst for significant change in our industry – from unprecedented requirements for data capture and reporting to unintended consequences.  As these consequences become clear and regulators begin providing feedback, it will be even more important for organisations and their technology to have the flexibility to respond to, and even take advantage of, this new regime.

With this in mind, and with MiFID II just around the corner, FX trading can still clearly have a voice, but in order to thrive, it has to be integrated with functionality from electronic trading.

©BestExecution 2017

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Announcement : Best execution practices reporting

FIX-Healey-Wolcough

FIX TRADING COMMUNITY RELEASES RECOMMENDED PRACTICES FOR BEST EXECUTION REPORTING.

FIX Trading Community, the non-profit, industry-driven standards group, launched the final release of its Recommended Practices for Best Execution Reporting as required by MiFID II regulatory technical standards (RTS) 27 & 28.

The document aims to provide guidance on which entities must report under these new requirements, what data they must publish and how often. It also provides clarity as to how these reports apply to different scenarios based on the organisation, their role in the trading workflow and the trading model they employ.

Rebecca-Healey
Rebecca Healey

While the concept of best execution for the European Financial Markets was introduced in 2007 under MiFID I, MiFID II has introduced new and wider sweeping reporting requirements. Over the past two years, FIX members have debated and discussed the European Securities and Markets Authority (ESMA) terminology and responded to updates. Moreover, members have engaged with EU National Competent Authorities (NCA) to ensure the work being is appropriate and relevant.

Rebecca Healey, Co-Chair EMEA Regulatory Subcommittee, FIX Trading Community, Head of EMEA Market Structure and Strategy, Liquidnetnoted, “With the MiFID clock ticking, it was critical for all market participants to be able to deliver accurate best execution reports to the regulator in time. By working together across industry disciplines the FIX working group has produced a valuable framework for firms to leverage. By providing the regulator and the wider industry with standardised information on best execution, FIX has made an important contribution to necessary enhanced transparency around best execution.”

Alex Wolcough
Alex Wolcough

Alex Wolcough, Director Appsbroker, added, “MiFID II’s best execution reporting requirements were always going to be a challenge for trading venues and investment firms alike. With a concerted effort from a broad range of stakeholders from across the financial community, we’ve been able to provide a really valuable guide for the industry and, in addition, the changes to the FIXprotocol to support standardised reporting.”

The document can be found on the FIX website here.

©BestExecution 2017[divider_to_top]

Viewpoint : Tim Healy : FIX Trading Community

Tim Healy

A LONG AND DETAILED CHECKLIST.

Tim HealyThe FIX Trading Community established a number of MiFID Working Groups in May 2015. With just a few months of the year remaining, Tim Healy, Global Marketing and Communications Director, provides an update on FIX’s MiFID II initiative.

What have been the areas of focus for the FIX Trading Community?

In May 2015, the EMEA Regulatory Subcommittee looked at specific items in the MiFID II text to see where the use of standards could be optimised to help the membership. Bearing in mind that FIX has 290 members made up of buyside, sellside, venues, vendors, consultants and industry associations, we knew there would be a strong depth of knowledge that could be tapped into. Importantly, we also wanted to get industry consensus on the more subjective topics.

From the large number of issues included in MiFID II, the topics we examined here at the FIX Trading Community were: best execution, clock synchronisation, commission unbundling, microstructure, order data and recordkeeping, reference data, trade and transaction reporting and transparency.

Our FIX Trading Community co-chairs are all market practitioners and are focused on these issues as part of their every day jobs. Importantly, many of them sit on other industry working groups as well, which gave us some insight into their work and discussions occurring outside the FIX Trading Community. It was important not to duplicate efforts.

What work has been completed so far?

For best execution, FIX Trading Community has produced a ‘Recommended Practices’ document that explains which entities must report under these new requirements, what data they must publish, how often, as well as providing clarity as to how these reports apply to different scenarios based on the entity, their role in the trading workflow and the trading model they employ. The document has had numerous versions and we are now at the point of presenting this to the regulators and incorporating their feedback into a finalised version. Additionally, XML schemas will be made available for firms to implement RTS 27 and 28 in a machine-readable format.

For commission unbundling, MiFID II has introduced the requirement to explicitly separate commissions into their component parts, execution and research, with a focus on the specific identification of the research component of the commission. Members have worked with the Global Post Trade Working Group to create a document that provides recommended practices to facilitate industry-wide implementation of post-trade processing via FIX between buyside and sellside firms.

For order data and recordkeeping, FIX combined efforts with the Association for Financial Markets in Europe (AFME) to produce a definitive guide with different scenarios that provide details of obligations for order data and record keeping for buyside, sellside and venues. These scenarios go into significant detail with the required MiFID fields and the FIX tags and values that map to them. It was important we combined efforts with AFME on this to ensure a co-ordinated approach and include their members.

What has been the biggest concern for members?

Other than the sheer amount of work involved to be compliant in January 2018, there has been pressure on FIX as an organisation to ensure the work is produced in a timely manner. The most pressing area of concern has been the flow of information between the buy and sellisde. To that end, post-trade transparency and trade and transaction reporting obligations have been key priorities. These will be in place on 3rd January 2018, and firms do not want to be exposed to potential issues with the regulators.

There are a number of different documents that have already been produced that cover both trade and transaction reporting. In both cases, the documents show where the obligation to report sits and highlights different scenarios. This required us to examine these issues in some significant detail, and we have documented very specific responses. For example:

  • If the execution is between a systematic internaliser (SI) and non-SI MiFID investment firm, then the SI reports.
  • If the execution is between two SIs, the seller reports.
  • If the execution is between two non-SI MiFID investment firms, the seller reports.
  • If the execution is between two firms, neither of which are MiFID investment firms, neither firm reports.
  • If the execution is between a MiFID investment firm and a firm who isn’t a MiFID investment firm, then the MiFID investment firm reports regardless of whether they are buying or selling and whether they are an SI or not.

Failure to report is not an option. Likewise, duplication of trade reports will not be regarded well, so it is crucial that firms understand their obligations.

What work is still outstanding?

The ultimate aim for the FIX Trading Community is to provide a definitive FIX and MiFID document to consolidate all the work that the members have done. The sheer volume of documentation means that there is a need to provide members with a reference guide summarising the different requirements. We want to present a consolidated view across the Extension Packs and Guidance documents from the various MiFID II FIX Working Groups and the potential FIX interface changes required by both investment firms and their clients.

FIX has its history in the cash equities space. Over the years, much work has been done across different asset classes as FIX has evolved. However, we still feel that there is a need to pull in more expertise in the Fixed Income, Currencies and Commodities (FICC) Working Group, and to leverage this expertise for the work on MiFID II. Of course, there will be other initiatives that this Working Group can review and work on, but the overriding concern at the moment is MiFID II.

The work is not yet complete; there is a need to ensure the best practices documents are relevant to all segments of the market. FIX has a long history of being inclusive and we actively welcome new members to bring their expertise to the table and participate. Standards in our industry are incredibly important in an increasingly complex and cost-conscious environment. We have seven events globally between now and the end of the year and we encourage people to attend and listen to the updates from the working groups at each of these.

©BestExecution 2017

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Viewpoint : Coping with a lack of liquidity in FX : Nedal Hadi

ADS, Nedal Hadi

WHEN CLIENTS ARE TRADING SMALL CLIPS, ANYONE CAN BE AN LP.

ADS, Nedal HadiDeep liquidity and technology are now vital for clients especially those executing large clips in different market sessions, says Nedal A. Hadi, Head of Institutional Sales at ADS Securities.

For the last two years the FX market has been in search of genuine, deep liquidity. New regulations and greatly improved risk controls have dramatically increased the cost of trading and changed the way that firms hit the market. These operational challenges make it much more expensive for banks to provide liquidity, which reduces the capacity of the industry to absorb shocks and means price moves are more dramatic.

In the past, some of the shocks to the FX market were absorbed by non-correlated flow from the non-bank buyers and sellers who steadied the market at times of stress, buffering the price action and reducing the impact. But now this type of flow has almost dried up and is often controlled by the same generation of algos being operated by the banks.

The Swiss National Bank crisis of January 2015 proved that the ongoing development of ultra-low latency platforms has led to a situation where the depth of liquidity at times is not available to support the speed of trading. A few years back, flash-crashes made the front of the newspapers, now they are a fairly regular occurrence. When liquidity is thin any sudden market move is magnified by automated trading and, before there is time to react, stop-losses are triggered and there is the potential for freefall.

After 15 years of developing systems focused on delivering the ‘best price’ we are now facing up to the reality that execution experience is as important as price. So, in today’s market, for a broker to survive and build a sustainable FX business, it must be able to deliver genuine flow and be able to manage the execution experience of the client. The need to identify ‘real’ liquidity rather than just hitting the lowest price requires smarter and better informed systems.

With the increase in the number of liquidity providers (LPs), firms have to be able to provide best execution with minimal market impact. If you are trading small clips this is not an issue. Anyone can be an LP to these firms. However, if you are placing large clips, into different market sessions, then this is now a complex and difficult task.

The problem is very clear. With limited and fragmented liquidity, if you have an LP sweeping the main venues this will instantaneously move the market, which increases the toxicity of the flow even if it is not intrinsically toxic. This in turn increases the chance that the trade will execute at a higher price, increasing the cost for the client. If there is no way to improve or increase the flow, then the only answer is to invest in technology. You have to manage the execution and fully understand the market impact you will be creating.

Liquidity providers now have to have access to very sophisticated post and pre-trade analytics systems. We strongly believe that the only way that you can achieve quality execution is through having a greater understanding of the characteristics of the venues and the performance of other liquidity providers. Introduced a few years ago, transaction cost analysis (TCA) systems coupled with market impact analytics were nice systems to have; now they are essential.

At ADS Securities, alongside our TCA tools, we have also invested in Artificial Intelligence (AI) solutions. We have developed systems which use machine-based learning, collecting data, understanding trading patterns and market responses, in order to service our clients and execute in the most efficient manner. The complexity of learning from previous trades and then providing tailored options for clients, in order to achieve best execution, can only be achieved using the latest AI systems.

The insight provided by AI systems allows us to see exactly how our clients hit the market. If you understand the impact you are having you are much better prepared to manage this and then improve the execution experience. This in return will deliver the best overall price to the client.

Through the use of technology, liquidity providers are now becoming partners to their clients. There is a combined focus on identifying and hitting the venues and providers which suit best the trading style of the client. Through AI we can evaluate trading profiles and put in place the right execution strategy for the depth and type of available liquidity.

©BestExecution 2017

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Data management : GDPR : Heather McKenzie

THE GDPR GAUNTLET.

MiFID II may be around the corner but Heather McKenzie explains why firms should not ignore the GDPR.

MiFID II may be focusing the hearts and minds of the financial services industry, but it is not the only regulation coming into force in 2018. Close on its heel is the EU General Data Protection Regulation (GDPR) effective on 25 May 2018. It is designed to harmonise data privacy laws across Europe, protect and empower all EU citizens’ data privacy and to reshape the way organisations across the region approach data privacy.

Any firm that processes data about individuals in the context of selling goods or services to citizens in other EU countries must comply with the GDPR. This includes firms based in the UK, post-Brexit. The UK Government has indicated it will implement an equivalent or alternative legal mechanism.

Under GDPR rules, organisations can be fined up to 4% of annual global turnover, or E20m, for any breaches, such as not having sufficient customer consent to process data or violating the core of Privacy by Design concepts.

Sapient_M.Sridharan“The common denominator across all regulations is data,” says Mithun Sridharan, manager at Sapient Consulting. “Investment banking is rich in data, which is increasingly viewed as a strategic asset that can be leveraged to provide better trading, risk management and customer experiences.”

There are overlaps between MiFID II and GDPR, which means financial services companies are often better placed to comply with GDPR than firms in other industries. Dr Bernard Parsons, co-founder and chief executive of UK-based cyber security firm Becrypt, says the main priority to achieve compliance in time for the GDPR deadline is to accomplish a thorough understanding of what data the organisation holds, how it is collected and processed, and where it is kept on the network. Once this is understood, it will be much easier to put the required data protection measures in place and implement new policies moving forwards.

Becrypt_B.ParsonsSridharan agrees that the first steps in GDPR should be to identify data assets and determine which are considered personal data. This typically comes as a part of a data governance project. The next step is for firms to design and implement processes for correctly handling that data, including all protective measures to prevent breaches. The standard approach is to establish a baseline of what is considered normal behaviour and then set protective measures to initially alert on abnormal behaviour or breaches.

Sridharan warns that GDPR compliance is not only about detection and prevention, but also about how a business will deal with a breach, including notification and response times to avoid financial penalties. Staff must be trained to identify and correctly handle personal information and how to escalate quickly in the case of a breach. “People will make mistakes, so your processes should prevent errors from causing a breach when possible and, if not, quickly raise awareness of the existence of a breach so it can be investigated, resolved and reported,” he says.

Abacus_Tom-ColeTom Cole, director, Europe at IT company Abacus Group, says firms should realise that becoming GDPR-compliant will entail “recognising it as a business initiative rather than a technology initiative or IT project”. They should identify data and workflows and ensure a culture of compliance is on-going behind the scenes. “There is no silver bullet or software solution you can implement – it will instead mostly entail analysing your internal operational processes,” he says.

The data hurdle

The biggest challenge firms will face will be in understanding their role as either data processors and/or data controllers, and the roles of third party providers and their own responsibility with complying with GDPR. “Determining roles as either data processors or data controllers depends on operational circumstances and workflows. Regarding buyside versus sellside, the difference in challenges is marginal,” says Cole. “The sellside has a greater volume of data in scope, given the relationship nature of the business. Otherwise it’s important to recognise that GDPR is not sector specific – the same controls apply regardless if you are a regulated financial services firm or not.”

There are three main challenges for financial services firms in complying with GDPR, according to Monica Summerville, FinTech analyst and head of European research at Tabb Group. First, financial services companies still largely operate in silos when it comes to business units and technology infrastructure. “This means data is spread throughout the organisation, often duplicated in various electronic and physical repositories. As a result, locating, securing, and creating a sustainable solution to meet GDPR’s requirements is a huge challenge from a technical and data architecture point of view.”

Second, GDPR’s requirements potentially conflict with other financial markets regulatory objectives such as those seeking to foster greater openness and digitalisation of the industry or improve investor protection. For example, MiFID II requires all communications leading up to a transaction to be stored for five years, while GDPR gives people the right to have their records deleted.

Finally, with Personally Identifiable Information (PII) data often residing in unstructured data sources, hardcopy as well as digital, GDPR compliance depends on having a solution in place for both structured and unstructured data sets. “Financial services firms are good at the latter but still struggling with the former,” she says.

Jerry Norton, head of strategy for CGI’s UK financial services business, says the differences in storage requirements between MiFID II and GDPR are not a major source of conflict, but will require some ‘heavyweight’ work to comply. “Firms will have to ensure that the data they hold for MiFID II best execution purposes is stored in a way that is secure and meets GDPR obligations. For many organisations that won’t be easy. There are a lot of obligations in terms of costs, processes, procedures, and compliance.”

The global reach

Summerville says with financial firms in the UK and Europe very focused on MiFID II compliance, the preparation for GDPR has been described by some as an “afterthought” and largely focused on policies and procedural documentation as opposed to tackling the underlying technical and architecture challenges.

“Firms based outside of the UK and Europe, in the US for example, are further behind as many of these firms have yet to accept that this EU regulation could apply to them,” says Summerville. “GDPR might as well have been called the ‘global’ data protection regulation because companies must comply wherever they are using EU citizens’ data.”

Norton agrees with Summerville’s assessment, pointing out that industry observers believe there are many firms that have not yet thought through the full implications of GDPR. “This seems to be particularly the case for organisations that operate across many jurisdictions.”

By now, says Summerville, firms should have a good handle on the policies, procedures, and organisational changes that GDPR requires. They should also have a good understanding of how personal data is collected, stored, and processed in the entire organisation, including across borders. “Ideally ‘data privacy by design and default’ is in place already ensuring new software solutions are developed in a compliant fashion. And they absolutely should have done a gap analysis by now.”

Monica-SummervilleAndrew Rogoyski, vice-president cyber security services, CGI UK, says one area that organisations are not putting enough thought into is the ability to declare a breach to the national authority within the 72-hour breach disclosure time limit. “In practice, you need a pretty slick set of processes and a good team in place to achieve the three-day target,” he says.

There are many companies pushing ‘GDPR compliant’ solutions, but Rogoyski warns that “there’s no such thing”. There are technologies that will help protect sensitive data but they don’t make a firm compliant. “GDPR isn’t about compliance, it’s about risk. The solution to protection of sensitive data involves people, processes and technology – you have to get all three aspects right.”

Despite the significant challenge of GDPR compliance, Summerville believes there is a “huge opportunity for firms to finally clean up their act regarding data management and governance and to strengthen their cybersecurity”. This effort, although challenging, is an absolute requirement for financial firms who want to stay competitive in the digital era, which requires a seamless exchange of data.

“Data is a financial services company’s most valuable asset and the ability to mine it effectively for business insight is wholly dependent on having access to a complete picture of its customers and their behaviours in a way that is compliant and secure while engendering trust from its customers,” Rogoyski adds.

©BestExecution 2017

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Market opinion : Derivatives trading : Jannah Patchay

Jannah-Patchay

THE TICKING CLOCK.

Jannah Patchay, Managing Director, Markets Evolution looks at the ramifications of Brexit on the OTC market.

Jannah-PatchayLike winter, Brexit is coming. Eighteen months is not a long time in the world of financial markets; industry participants can barely implement a new piece of European regulation in that timeframe, let alone successfully execute their unmooring from the single market.

As to what lies beyond the relatively certain, legally well-understood (if somewhat prone to over-enthusiastic regulation), peaceful waters of that great harbour – well, nobody quite knows. And again, 18 months is not a long time in which to plan and embark upon a voyage into the unknown.

Narrowing the focus somewhat, specifically to the challenges facing OTC derivatives markets, does not improve the outlook. By April 2019, the UK will no longer be in the European Union (barring some as yet unforeseen and momentous – and potentially catastrophic – political event).

There are two potential scenarios. Either the UK and the remaining EU 27 will have defined and agreed the terms for a transitional arrangement, or else they won’t, and there will be a cliff-edge, whereupon we all tumble off into an unknown world and the abyss. In the latter eventuality, it is quite possible that the state of OTC derivatives markets will be a minor concern, compared to the massive shocks to the real economy. However, it is perhaps more likely that the significance of these markets will become increasingly recognised, in the absence of legal certainty.

Realistically, thrashing out a full-blown transitional agreement, governing every aspect of interstate commerce between the UK and the EU 27 (with freedom of movement thrown in for good measure) will be difficult by the 2019 deadline. The most likely outcome would be that any transitional arrangement reflected, in large part, the current status quo, albeit on a time-limited basis and would give all parties more breathing space to negotiate the real agreement.

This would though be a politically unpalatable result for many. Those committed to the Brexit project would perceive it as remaining by stealth. It also has the effect of merely extending, rather than alleviating, the heightened state of uncertainty in which business must carry on. It is probably about time that we started thinking about what a hard Brexit might look like, for OTC derivatives at least, and the picture is not a pretty one.

The different roads upon exit

Upon its abrupt exit from the EU, the UK would become a ‘third country’ from a legal perspective. In the financial services world, there are three options. Firstly, a firm could set up a subsidiary in an EU member state, have it authorised locally, and then use its passporting ability (as an EU-authorised firm) to provide services to clients in other member states as well. This requires a separately capitalised balance sheet, and a physical base of operations in the relevant member state – a token shopfront won’t do. Every bank currently operating out of London is considering this option.

Secondly, the firm could establish multiple branches in several member states, obtaining local authorisation for each. This avoids the need for separate capitalisation, and enables the firm to retain its base of operations outside the EU. However, it is clunky and expensive to manage from a regulatory compliance perspective (the firm would need expertise in the local regulatory regime of each member state in which it set up a branch).

Last but not least is the possibility of providing services on a cross-border basis. This requires a closer look at each member state’s provisions in local law, as there is no harmonising regime, at the EU level, for the provision of cross-border services. This is for good reason – it would defeat the purpose of the equivalence regime. Unfortunately, member states are extremely variable in their appetite for cross-border service provision.

For example, The UK’s Financial Conduct Authority’s (FCA) Overseas Persons Exemption creates a fairly liberal open market regime, subject to some restrictions on solicitation of clients and the nature of clients. Other member states’ approaches range from the middle ground (local regulatory permission required, but well short of full authorisation) to completely closed (full authorisation required to provide any in-scope services).

A combination of having a London nexus, alongside relaxed enforcement and lack of regulatory scrutiny in this area has meant that, until now, most firms have operated in blissful ignorance of the true constraints on their ability to provide cross-border services. This is all changing, with the advent not only of Brexit, but also MiFID II, which broadens the scope of activities and services that would be impacted.

As previously alluded, there is, of course, a potential silver bullet in the form of equivalence. An equivalence determination for the UK would mean that the European Commission accepts the UK’s regulatory regime as being sufficiently similar and robust, in terms of both rules and enforcement capability, such that it may be treated on an even footing with the EU. Given the FCA’s key role in defining much of the post-crisis financial regulatory agenda, and its record of going above and beyond what is required in gold plating key EU regulatory measures, this should be a no-brainer.

In practice, an equivalence determination would allow UK firms to continue providing financial services into the EU. Crucially, according to the EU’s own principles for determining equivalence, it would also need to be fully reciprocal, meaning that EU firms could continue freely providing those same financial services into the UK. Politically, there would need to be an appetite from both sides but this dependency could also create barriers to equivalence.

The EU is motivated by a desire not only to preserve the integrity of the single market, but also to firmly demonstrate the disadvantages of exiting it. The UK government, on the other hand, needs to show that Brexit means Brexit, and also to make good on its promises of leading the world through open financial markets – a pledge which presumably, at a minimum, means something a bit different to what we have now.

And what does all this mean, in practice, for market participants and their OTC derivatives contracts? Given the countdown has begun, many firms are not waiting to see what will happen with respect to transitional arrangements. There simply isn’t enough time. They are instead turning their attention and increasing efforts in understanding the multitude of client contracts in place, seeking to future-proof new business whilst ensuring continuity for existing contracts.

This means that change is happening now. It has begun, and in the absence of clear leadership and direction from above, it will take its own shape from the multitude of individual corporate structures and operating models that seek to preserve themselves in a post-Brexit European landscape.

©BestExecution 2017

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Derivatives trading : Market opinion : Eman Galea

Eman-Galea

THE HARMONISATION UTOPIA.

Eman Galea, Research Analyst at JWG looks at the challenges behind standardisation.

Eman-GaleaWith increasingly complex and intrusive policies spread across multiple jurisdictions, and regulators requesting large amounts of granular data for monitoring and transparency purposes, major financial institutions are struggling to comply with the requirements. One response and key ingredient in moving forward is the standardisation of process, data and even technology.

For instance, a US Treasury Department report earlier this year called for regulators to streamline reporting obligations and review their co-ordination efforts, incorporating greater accountability and clarity into examination procedures and data collection requirements.

The request mirrors commentary from European Central Bank President Mario Draghi, who, during his speech on 25 August 2017, warned how the loosening of financial regulations could re-create incentives that led to the financial crisis. He reaffirms how “regulatory convergence provides the strongest assurance that the playing field is level right across the European market.”

With global regulatory reform high on the agenda for many international institutions and the on-going roll-out of the European Market Infrastructure Regulation (EMIR), the argument for regulatory standardisation has garnered significant attention, especially within the derivatives markets.

An ISDA white-paper released last year entitled “Future of Derivatives Processing and Market Infrastructure” suggests that the industry collaborates across all sectors and develops a “standardised, efficient, robust and complaint ecosystem that supports the needs of an array of market users”. Considering the significant impact of EMIR on the trade processes of the derivatives markets – with virtually all areas of the business cycle, from pre-trade execution and lifecycle management to reporting, having been affected – the trade body recommends that principles of reform should focus on:

  • data and the agreement of formats and identifiers;
  • documentation and questioning the costs and benefits of customisation and;
  • the standardisation of business process to support the same functions within or across asset classes.

Ultimately, full realisation of these principles can only be achieved if the industry takes the necessary initiative, which ideally means a harmonised approach. This article will focus on these challenges, as well some current initiatives aimed at addressing them.

The reporting challenge is in the data

The current regulatory landscape for derivatives is riddled with complexity – unaligned obligations that have been developed separately present many independent, as well as duplicative requirements that have placed strain on firms’ most finite of resources – effort and time.

One of the biggest issues to overcome is the lack of a common rulebook. Cumbersome legal texts used to describe regimes across jurisdictions necessitate that market actors delineate varying, yet very similar, interpretations of the same underlying requirement. Semantics aside, unaligned reporting regimes also impose different information exchange requirements. Under the current framework, certain trade data points have to be reported as many as three or four times through different channels, such as an Approved Reporting Mechanism (ARM) or a Trade Repository (TR), increasing the risk of non-compliance.

More worryingly, misaligned interpretations across several layers of regulatory obligations ultimately lead to a reduction in the quality of data for systematic risk monitoring purposes, negating the fundamental intent behind the rules. In their paper titled “Revision of the European Market Infrastructure” the European Systematic Risk Board (ESRB) acknowledges the considerable obstacles in generating high quality data which, “can only be ensured if a fully-fledged and functional data quality framework is put in place along the whole chain of data collection” (ESRB, 2017).

Their research shows how data provided by TRs under EMIR requirements is not harmonised and, in some cases, not suited to macro-prudential analysis. With 44 billion derivatives reports registered to several TRs during 2016, it is imperative for the industry to establish a framework which appropriately governs this data whilst engaging market participants through one consolidated approach to reporting.

An industry focused on building capability

Whilst it is encouraging to see that there is a mutual appreciation for the need to address the overlaps, redundancies and inconsistencies across data reporting, the true value of these efforts will only be realised with a real initiative to align core economic data fields that are relevant to the primary objectives of trade reporting. They include improving transparency, mitigating systematic risk and preventing market abuse.

From a European perspective, the European Securities and Markets Authority (ESMA) has recently published final guidelines establishing a consistent and harmonised approach to the transfer of data between TRs under EMIR, with the scope of facilitating consistent compliance to the relevant provisions. The guidelines look to provide additional clarification as to ESMA’s position on data quality, competition between TRs, and risk monitoring – aiding TRs and other participants on the reporting process.

While these will become applicable as of 16 October 2017, the regulator is also currently exploring ways where it can propose certain amendments to the standards under EMIR. This includes potentially aligning the use of the ISO 20022 schema for reporting, validation and access of data to obligations under MiFIR and SFTR (Securities Financing Transaction Regulation). The use of a single schema for reporting obligations across firms, regulators and trade repositories is the first of its kind, and pertains to an interesting trend in the industry.

Similarly, the European Commission has appropriated the first building block in their progress towards standardisation to be the construction of a data dictionary, facilitating clarity in information exchange by ensuring the industry is interpreting the problem in a harmonised way.

Across the pond, the US Commodity Futures Trading Commission (CFTC) also made its intentions clear by publishing a roadmap to achieve high quality swaps data within the over-the-counter (OTC) derivatives markets. The focus on data fields, from a quality assurance perspective, should allow the regulators to perform the necessary oversight functions without the requirement to capture every data point – leading to a more accurate, consistent view of the marketplace to facilitate the efficient detection of market abuse and build-up of systemic risk in the system. The three-pronged approach to this problem is set to be finalised later during 2018.

Finally, the collaborative effort between CPMI and IOSCO (The Committee on Payments and Market Infrastructures and the Board of the International Organisation of Securities Commissions), to harmonise the definition, forms and mapping of data fields and technical specifications, can be seen as a major step forward. With the CFTC co-chairing, the initiative is set to establish global standards on unique trade identifiers (UTI), unique product identifiers (UPI) and other reportable data elements. Additionally, a move to transaction reporting on a T+1 basis is being explored to align efforts with the SEC (US Securities and Exchange Commission) and ESMA (European Securities and Markets Authority), facilitating the push towards harmonisation.

The efforts outlined in this article demonstrate an active approach to overcoming the many challenges. However, moving forward, it is vital that market participants continue to systematically collaborate, clarify and agree on the definitions and implications of every factor inherent in trade lifecycle and how the information exchanged will be manifest in trade reporting.

For the changes to be affected, senior management will need to start with a top-down view of the overall impact on business, facilitating a holistic view of how this impact trickles down to technology and data. In doing so, stakeholders will be able to determine how well the intentions of EMIR align with the global obligations and operating model foreseen by global regulators.

©BestExecution 2017

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A Renewed Focus On Innovation

a-renewed-focus-on-innovation

By Rupert Walker, Managing Editor, GlobalTrading

Technology and regulation are re-shaping the trading industry in a shifting geopolitical environment, according to speakers at the 15th Asia Pacific Trading Summit, 2017.

The trading industry is facing many challenges as it prepares for the implementation of important regulatory changes and adapts to rapid advances in technology. In normal circumstances, the tasks confronting all industry participants would be substantial, but recent shifts in the structure of markets and investor behaviour as well as political uncertainties compound the difficulties.

Yet, the mood was upbeat at the 15th Asia Pacific Trading Summit (2017) organized by the FIX Trading Community in Hong Kong on 18 May, with speakers and delegates at the region’s largest one-day electronic trading event invigorated by the opportunities offered by regulatory change and inspired by a future shaped with innovative technologies, including artificial intelligence (AI) and machine learning.

“While start-up disruption in many ways is over-hyped, this technology, over time, will revolutionize not only investment banking and trading, but how the economy operates. The [financial] industry is at an inflexion point,” said Larry Tabb, founder and research chairman of TABB Group, in an opening keynote speech.

Tabb also examined how several factors including the state of the markets, regulation and uncertainty about President Trump are affecting and, in some ways, hindering a clear development of the trading environment.

In recent years, markets in leading economies have been distorted by post-financial crisis asset purchases by central banks and a host of reactive proscriptions rigorously enforced. Yet, in the US at least, the trajectory of regulatory reform is uncertain since the election of President Trump, with market participants receiving mixed-messages: on the one hand anticipating a roll-back of major parts of the 2010 Dodd-Frank legislation, and on the other, bemused by the lack of clear direction and tangible action by the new administration.

Of course, the economic and geopolitical shape of the world is in flux too. New fulcrums and centres of power – in particular the continued rise of China – are determining where financial industries concentrate their resources and adjust to new challenges.

The post-lunch keynote speech was delivered by MSCI-veteran Chris Ryan, now chairman and CEO of First Capital Partners and co-founder of Digital Finance Media, who was able to avoid having to find ways to deflect the usual queries about the MSCI’s plans to include China A-shares in its benchmark indices (which finally took place a few days later anyway), and instead concentrate on how China’s markets will drive Asia’s investment agenda.

“China’s markets have just begun to flex their muscles: better financial infrastructure, better access and international diplomacy and trade will bring us all many more opportunities,” said Ryan.

Regulatory imperatives
Meanwhile, the financial industry throughout the world is focussed on the implementation of the Markets in Financial Instruments Directive (MiFID) II in January 2018, which will likely lead to the growth of multi-lateral trading systems and banks’ systematic internalisers at the expense of traditional exchanges as both buy- and sell-side firms try to meet their obligations to achieve best trade execution through access to all sources of potential liquidity as well as cutting costs.

Transparency, liquidity and tight dealing spreads are indispensable for all asset classes, from ETFs to foreign exchange, noted Wai Kin Cahn, at XTX Markets Arjen Gaasbeek at Flow Traders Asia.

In fact, a “progression of liquidity provider to buy-side trading shops is sensible given the risk tolerance and regulatory environment facing the traditional banks and brokerages,” argued Matthew Hassan, head of platform sales at Nomura Securities.

The European legislation will also have other far-reaching effects on the industry too, especially a reduction in research budgets as the buy-side unbundles its research consumption from trade commissions.

According to Benjamin Quinlan, CEO and managing partner at Quinlan & Associates, MiFID II’s unbundling regulations are set to fundamentally disrupt the global investment research industry as we know it. Yet, it is also “an opportunity to re-invent research models and continue to increase focus on trading services,” said Stephane Loiseau, managing director, head of cash equities and global execution services at Société Générale.

In addition, active fund management strategies have been constrained by an increase in stock de-listings, a significant shift to passive funds among investors and a substantial decline in stock market volatility. These trends have been caused by combination of the burdens imposed from regulation, sustained bull markets fuelled by central bank liquidity and the rising impact of new financial technology.

Humans or machines
A consequence has been the reappearance of a question that often recurs during periods of instability, and which was explicitly posed at the Hong Kong event, namely: Is innovation back in fashion again? Few speakers disagreed with Edward Mangles, regional director, Asia Pacific, FIX Trading Community and director of GlobalTrading who observed that today “innovation is changing people’s minds”. In particular, advances in artificial intelligence and machine learning are gaining traction in the financial industry.

“Finance, just like any IT intensive industry, bears the greatest risk of being disrupted by AI,” argued Gerardo Salandra, CEO and founder and Rocketbots, while Eugene Kanevsky, global head of electronic trading at CLSA pointed out that AI is at the core of a new generation of agency algorithms.

However, it is important to identify exactly how these new technologies will have the greatest impact and value. As Kris Longmore, co-founder and head of quantitative research at Quantify noted in a presentation, if machine learning is the engine, then data is the fuel that drives it.

“Machine learning is a great way to extract new structured data sets from unstructured content…New financial data is arising from text mining, transactions and analysis, and the internet of things,” agreed Stephen Malinak, global head of persistent analytics and data science, financial & risk division at Thomson Reuters.

Whether or not the adoption of more sophisticated technologies in the financial industry will eventually cause the redundancy of human agency in the trading process is debatable – and, naturally, a sensitive issue for market players.

Samir Rath, CEO and founder of Blue Pool reckoned that “machine intelligence will turbocharge humans not replace them”, but Francis So, co-chair of the Asia Pacific Steering Committee, FIX Trading Community and head of trading Asia, BNP Paribas Dealing Services went further.

“The trading desk will be run by technologists and engineers in 15 years’ time,” he said. However, there were also more circumspect, if not sceptical voices too amid the prophets of radical change.

Marcus Consolini, managing director of corporate acquisitions at Odyssey Capital Group spoke for several delegates, especially those with long experience in the industry.

“The death of the sales-trader never happened despite predictions to the contrary. We will either adopt disruptive technology into the trading environment or we will continue to be driven by regulation and the same slow change of the past 15 years,” he said.

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