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24 02, 2023

DAILY022423

2023-02-24T16:55:41-05:00February 24th, 2023|2- Daily Briefing|

HFSC Starts With A Bang

On Tuesday, HFSC Chairman McHenry (R-NC) honors his commitment to advance significant legislation with what is sure to be a raucous mark-up.  Most importantly, Chairman McHenry will bring up a bill yet to be introduced rewriting consumer-data privacy standards.

FHFA New-Product Vetting Delayed

FHFA today pushed back the effective date of its New-Product Rule by sixty days on grounds that more time is needed for the agency and the GSEs to develop the internal processes necessary for compliance.  The former effective date was February 27; the new effective date is April 28.

HFSC Set To Lock Horns On Data Privacy

With the opening quote in his release making clear that this will be a partisan fight, HFSC Chairman McHenry (R-NC) formally introduced the privacy legislation that, as noted earlier today, is now set for Tuesday’s mark-up.

CFPB Begins Administrative Adjudication, Speeding Enforcement Actions

The CFPB today finalized new adjudication rules that add administrative adjudication to its usual course of seeking redress in federal district courts.  The agency argues that predecessors from which Dodd-Frank drew its responsibilities use administrative adjudication and it is thus within the CFPB’s purview now also to do so.

Daily022423.pdf

10 02, 2023

Al021323

2023-02-10T17:03:50-05:00February 10th, 2023|3- This Week|

Starting-Gate Signals

As is traditionally the case, Congress kicked off legislative action upon the President’s State of the Union Address even if the response to Mr. Biden was often decidedly untraditional.  Last week was the first of what seem sure to be many busy ones and Senate Banking began work on one of its Chairman’s top priorities – housing – ahead of an opening salvo on another high-impact concern – crypto – later this week.

Al021323.pdf

8 02, 2023

DAILY020823

2023-02-08T17:36:06-05:00February 8th, 2023|2- Daily Briefing|

Biden Puts His Stamp On CFPB Credit-Card Fee Controls

Scuttling industry expectations that the CFPB’s credit-card fee clampdown will never be implemented, President Biden last night zeroed in on his administration’s campaign to eliminate “junk” fees, including “exorbitant” overdraft fees and credit card late fees.

Senate GOP Launches Anti-Woke Attack

Accelerating the GOP’s anti-woke endeavor, Sen. Kevin Cramer (R-SD) and 36 GOP senators have introduced S. 293 to impose strict sanctions on banks that provide or deny financial services for what the senators consider political reasons.

Treasury: Happy In The Cloud If It Doesn’t Rain

In its long-awaited report today on the systemic implications of cloud computing, Treasury today encouraged more rapid adoption even as it pointed to systemic-risk considerations.

HFSC Subcomm: Privacy Compromise May Not Prove Impossible

Today’s kick-off hearing by HFSC’s Subcommittee on Financial Institutions and Monetary Policy suggested that Chairman Barr (R-KY) will move deliberately on his priorities even as full Committee Chairman McHenry (R-NC) pursues higher-profile items such as anti-China policy.

BIS Renews Campaign For Bigtech Systemic Standards

Reiterating longstanding BIS concerns about bigtech platforms, General Manager Agustín Carstens today updated the changes he believes are urgently needed to address growing systemic risk in this sector.

Daily020823.pdf

7 02, 2023

DAILY020723

2023-02-07T16:53:41-05:00February 7th, 2023|2- Daily Briefing|

CFPB Extends Digital Marketing Reach To “Pay-To-Play” Platforms

Expanding its reach to other forms of digital marketing (see FSM Report FINTECH30), the CFPB today issued an advisory opinion stipulating that what it calls “pay-to-play” consumer platforms presenting mortgage and settlement options are likely to violate the law.

High-Impact Fed Charter Policy Takes Effect

The Federal Register today includes the FRB’s policy statement rejecting the “states as laboratories for change” construct by conforming state member bank powers largely only to those authorized for national banks.  The statement is now effective.

GOP, Democrats Vie for Toughest Anti-China Stance

As we anticipated, at today’s full HFSC Committee hearing on China, Chairman McHenry (R-NC) made it clear that he intends action addressing emerging financial and economic risks, reiterating principles such as a commitment to free markets, opposing policies that stifle innovation, and preventing “malign” financial activities or interests.

Barr Backs Short-Term, Small Dollar Lending, Flexible Public-Welfare Option

In remarks today, Fed Vice Chair Barr stressed the need to eliminate discrimination in banking, noting the importance of the CRA rewrite (see FSM Report CRA32) to address redlining and community development.  However, he was silent as to the date by which the agencies are likely to issue the long-awaited final rule.

Daily020723.pdf

3 02, 2023

Al020623

2023-02-03T17:00:56-05:00February 3rd, 2023|3- This Week|

Artillery Heading to the China Financial Front

As we noted last week, the House Financial Services Committee plans a wide-ranging hearing on Tuesday establishing a legislative history for seventeen bills that would in one way or another attack China by limiting its access to U.S. and global financial markets.  The hearing comes at a time of tensions heightened first by alarming memos from senior U.S. military commanders and then reports of a Chinese espionage balloon surveilling key U.S. facilities.  It also comes in concert with creation of a House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party designed to hold hearings and recommend U.S. policy across the financial, military, trade, and intelligence arenas in which Republicans believe China is already engaging in “soft” warfare against Taiwan and the U.S.  So far, the HFSC hearing features only private-sector witnesses and the bills we have seen so far generally carving a careful path between harsh words about China and mandatory actions with minimal adverse consequences to the flow of finance, goods, and even diplomacy.

Al020623.pdf

3 02, 2023

DAILY020323

2023-02-03T16:59:55-05:00February 3rd, 2023|2- Daily Briefing|

House GOP Bill Sanctions Digital Yuan

Ahead of a major HFSC anti-China push next week, Chairman of the Subcommittee on National Security, Illicit Finance, and International Financial Institutions Luetkemeyer (R-MO) today introduced H.R. 804 to bar money servicing businesses from engaging in any transaction involving Chinese CBDC.

HFSC Plans Wide-Ranging China Attack

Emphasizing the priority Republicans have placed on U.S.-China policy, HFSC’s staff memo for Tuesday’s full committee hearing details numerous initiatives the panel may advance to isolate China and the Communist Party from the U.S. and global financial system.

HFSC Anti-Woke Group Targets SEC, Proxy Voting

Following his promise to go after “woke” policies during the HFSC organizational meeting, Chairman McHenry (R-NC) today announced the formation of a Republican ESG working group.  It has no legislative jurisdiction and will instead combat the “far-left” influence over capital markets by addressing SEC regulatory “overreach,” reinforcing the materiality standard for disclosures, and preventing the misuse of the proxy process.

Daily020323.pdf

26 07, 2022

DAILY072622

2023-01-04T15:44:21-05:00July 26th, 2022|2- Daily Briefing|

Fed Encounters Tough New Complaints re Governance, Security

Sen. Rob Portman (R-OH) today released a report from the Republican Members of the Senate Homeland Security Committee not only alleging repeated Chinese attempts to infiltrate the Federal Reserve, but also Fed laxity ahead of and in response to this threat.

SEC Official Seems to Doubt Swing Pricing

In remarks today, the head of the SEC’s investment management division, William Birdthistle, seems to cast doubt on the agency’s MMF swing-pricing proposal (see FSM Report MMF19).  As we noted in our assessment of the FSB’s MMF report (see FSM Report MMF18), one alternative to MMFs would be bank deposits, but Mr. Birdthistle indicates that this is both unlikely and undesirable due to the lower rates paid on bank deposits.

Brown, Sanders, Dems Introduce Bill to Extend Full Range of Civil Rights Protections to Financial Services

Today, Sen. Brown (D-OH) and seventeen Senators introduced legislation that explicitly prohibits financial institutions from discriminating against customers based on race, color, religion, national origin, sex, gender identity, or sexual orientation.  No text of the bill is available, but the release today suggests it is similar to or identical to legislation Sen. Brown introduced late in the last Congress (see FSM Report FAIRLEND9) revising the Civil Rights Act to expressly cover financial services.

Daily072622.pdf

11 05, 2022

DAILY051122

2023-02-21T15:33:13-05:00May 11th, 2022|2- Daily Briefing|

HFSC re FSOC: SIFIs, Climate, Stablecoins, Lots More

Looking ahead to tomorrow’s HFSC hearing with Secretary Yellen, the Democratic staff memo suggests that this session will track much of what occurred yesterday at Senate Banking (see Client Report FSOC26): i.e., discussion of the need for stablecoin legislation, the role of SIFI designation, and the overall risks presented by higher inflation, Russia, China, and climate change.

Basel Plans Wholesale Review of Post-GFC Regulatory Regime

The head of the Basel Committee, Pablo Hernández de Cos, today announced a full-scale evaluation of the Basel III construct set for release later this year.  The report will evaluate complexity, regulatory interactions and systemic-risk dynamics, focusing on capital, liquidity, leverage, and macroprudential elements of the Basel III reforms.  The report will also evaluate resilience and financial-activity behavioral incentives.

FSB Plans Commodity, Climate, Crypto Agenda

In remarks today, FSB head Klaas Knot reiterated ongoing concern about commodity markets and continuing financial-market resilience despite stress absorption since Russia first invaded Ukraine.  Mr. Knot is also concerned that some banks are generally over-leveraged and those with prime brokers may be at particular risk.

Daily051122.pdf

10 05, 2022

FSOC26

2023-02-21T15:44:58-05:00May 10th, 2022|5- Client Report|

Stablecoin Risk Sparks Renewed Legislative Interest

Today’s Senate Banking Committee hearing with Secretary Yellen renewed calls for federal legislation based on recent algo-coin losses and resulting digital-currency market volatility.  Chairman Brown (D-OH) and Ranking Member Toomey (R-PA) each noted the need for digital-asset legislation, with Mr. Toomey eliciting a commitment from Ms. Yellen to work with him to advance a measure, albeit without any specifics.  We will await Thursday’s HSFC hearing before forecasting the prospects for stablecoin legislation in the relatively short time remaining in this session, with this report assessing the details of today’s discussion, as well as the Secretary’s very cautious approach to renewing SIFI designation while under fire from Sen. Warren (D-MA).

FSCO26.PDF

14 04, 2022

DAILY041422

2023-03-02T11:15:36-05:00April 14th, 2022|2- Daily Briefing|

Admin Issues Low-Impact Equity Plans

We have reviewed the Treasury and HUD reports filed in compliance with President Biden’s executive order on racial equity.

CEA Urges Tough Merger Policy, New Government Green Investments

Today’s Economic Report of the President from the Council of Economic Advisers emphasizes the Administration’s positive view of the economy and its own macroeconomic and equity accomplishments.

GSE Strategic Plans Demands Equity, Sustainability

FHFA today released the final version of its forward-looking strategic plan for Fannie, Freddie, and the FHLBs.  As we noted when the proposal was released in February, the plan redirects all of the GSEs to focus not only on safety-and-soundness and more traditional mission criteria, but also on equity and sustainability.

EXIM Enters Domestic C&I Finance

The U.S. Export-Import Bank today announced a fundamental shift in its decades-long function, going beyond export finance now to fund or guarantee domestic manufacturing companies even if they are only “export-focused” and do not use EXIM funds for export-related activity.

DOJ Equity Report Quiet on Mergers and Fair-Lending

Our review of the Department of Justice’s report implementing President Biden’s equity order indicates no discussion of bank-merger policy (see FSM Report MERGER10) or fair-lending enforcement, despite the high-priority focus given to these issues and the link drawn from them to equity outcomes in Mr. Biden’s competition order (see Client Report MERGER6).

FinCEN Targets Kleptocrats, Corrupt Public Officials

FinCEN today implemented provisions in the President’s anti-corruption order, issuing an advisory laying out how financial …

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