金融机构洗钱风险评估监管体系构建研究

监管部门对金融机构洗钱风险的评估与监管是风险为本反洗钱监管的重要内容。本文在对金融机构面临的洗钱风险进行分类的基础上,探讨了人民银行对金融机构洗钱风险的评估与分类监管的方法体系,提出了完善评估监管体系相关配套措施的政策建议。     

Industrial chemical regulation in the European Union and the United States: a comparison of REACH and the amended TSCA #

Abstract

In June 2016, after decades of debate, the U.S. Congress enacted a major revision to the Toxic Substances Control Act (TSCA) of 1976, the U.S. regulatory law applicable to industrial chemicals. It has been theorized that Europe may seek to export its stricter environmental standards under REACH to the United States. Thus, it is interesting to examine whether the environmental, health, and safety practices – including the values – found in REACH impacted the TSCA reform debate in the U.S. We chose to focus the comparison on the following issues that were central features of REACH: responsibility to develop safety data, priorities for safety assessments, definition of the safety standard, restrictions on chemical use, and preemption of regulatory activity by lower levels of government. There are three major findings. First, the U.S. did not implement the EU’s solution of putting the burden of data generation, risk assessment, and risk management on the industry. Second, REACH is more precautionary in its design than the amended TSCA. Third, the new U.S. law is generally less strict than REACH in their requirements on industry, though it is also less preemptive of lower levels of government than REACH is. Moreover, the U.S. retains a common law approach to chemical-induced injury that is more punitive of industrial errors than is European Union law. The EU’s attempt to export REACH regulation failed in the case of U.S.A., as the U.S. Congress did not reform TSCA based on the REACH model. We conclude that, although the problems identified prior to the enactment of REACH were similar to those identified in the U.S., REACH’s key principles and elements were not adopted in the U.S.     

Evaluating the effectiveness of the new EU bank regulatory framework: A farewell to bail-out?

In response to the economic and financial crisis, the EU has adopted a new regulatory framework of the banking sector. Its central elements consist of new capital requirements, the single rulebook, and rules for bank recovery and resolution. These legislations have been adopted to reduce the call for government bail-out of distressed banks in future crises.The present study performs a detailed quantitative assessment of the reduction in public finance costs brought about by the introduction of these rules. We use a microsimulation portfolio model, which implements the Basel risk assessment framework, to estimate the joint distribution of bank losses at EU level. The approach incorporates the complete safety-net set up in EU legislation to absorb these losses, explicitly modelling enhanced Basel III capital rules, the bail-in tool and the resolution funds.Using a near-full sample of commercial, cooperative and savings banks in the EU, we quantify the cumulative effects of this safety-net and the contribution of each individual tool to the total effect. Considering a crisis of a similar magnitude as the recent one, our results show that potential costs for public finances decrease from roughly 3.7% of EU GDP (before the introduction of any new tool) to 1.4% with bail-in, and finally to 0.5% when all the elements we model are in place. This latter amount is very close to our estimate of leftover resolution funds and the size of the Deposit Guarantee Scheme.This exercise extends the quantitative analyses performed by the European Commission in its Economic Review of the Financial Regulation Agenda by developing additional scenarios, crucial robustness checks, simulations for different annual data vintages, and by implementing some methodological improvements.     

欧盟对金融行业个人数据保护的立法和启示——兼论《征信管理条例(征求意见稿)》的修改

对金融行业的个人数据保护,欧盟面临的主要问题是:在保护消费者基本权利和促进商品、人员和服务的自由流动之间寻求平衡。欧盟对金融行业个人数据保护的立法包括三个层次:通过宪法性渊源,确定了个人数据受保护的基本人权地位;一般性立法和特别法。正在制订中的《征信管理条例》应当在立法理念、个人信息分类、各主体权利义务配置等方面对欧盟的立法进行借鉴。     

The ‘perfect storm’ of REACH: charting regulatory controversy in the age of information,sustainable development,and globalization

The European Union's new chemicals regulation, REACH, has been one of the most controversial pieces of legislation in EU history. Indeed, the debate over REACH is akin to a ‘perfect storm’ in that the intense controversy over it has been caused by three regulatory aspects of the regime. First, REACH privatizes information collection, provision and assessment. Second, REACH represents a significant application of sustainable development and in so doing, redefines the conditions on which the EU chemicals market operates. Third, REACH will inevitably have inter‐jurisdictional impacts for both supranational and national legal cultures including trade law implications, REACH being a template for international initiatives, it being a policy/legal irritant in other jurisdictions, and it providing information for public and private action in other jurisdictions. A charting of these different aspects of the regime not only provides a more nuanced account of REACH but also provides a clearer understanding of the challenges of regulating environmental and health risks in an era of market globalization.     

A Theoretical and Empirical Review of the EU Regulation on Credit Rating Agencies: In Search of Truth,Not Scapegoats

The undergoing financial turbulence has raised significant concerns over the role that credit rating agencies (CRAs) played in the inception, magnification and expansion of the crisis. In response, the EU legislature has adopted Regulation 1060/2009, which, for the first time, set out a legally binding pan‐European authorization regime for CRAs, which issue ratings that have been used by EU‐based financial institutions. As the turmoil turned into an unprecedented Eurozone debt crisis, EU politicians have been calling for tighter regulation of the credit rating industry. Drawing on the relevant empirical and theoretical research and building upon a comparative study of the corresponding US framework, the paper discusses critically the principles underlying EU Regulation 1060/2009 and the most recent suggestions for its reform. The paper argues that although, overall, the EU Regulation seems to be a well‐balanced instrument in the sense that it introduces the essential checks upon CRAs’ behavior while avoiding excessive regulatory intervention, more fine‐tuning is needed in certain fields, including, rating shopping, financial ties with rated entities, abuse of inside information, transparency and CRAs’ accountability.     

国际个人数据信息保护立法及对我国的启示

保护数据主体的合法权益是征信立法的核心内容。本文对国外个人数据信息保护立法进行了梳理,并探讨了欧美个人数据保护体制。通过借鉴这些国际经验和做法,为我国个人数据信息保护立法提供参考。     

人民银行信息技术审计中风险导向审计模式的应用研究

近年来,人民银行特别重视内审工作的转型与发展,在转型的切入点以及方式、方法上都进行了有益的探索.目前,将风险导向审计模式运用到人民银行内部审计中已成为一种共识.但是风险导向模式运用理论研讨居多,如何在实践中具体指导审计工作的研究却寥寥无几.本文以风险导向为切入点,结合目前信息技术审计面临的新情况、新挑战,分析了人民银行...     

An innovative approach to risk and quality assessment in the regulation of care services in Scotland

The Scottish Government’s social care regulator, the Care Commission, seeks continual improvement in the quality of social care services. Its approach has been to establish a modern risk-based regulatory regime using separate measures of risk and quality. We evaluate this twin approach, firstly, in relation to the literature on predictors of poor service quality in care delivery; and, secondly, by interviewing a sample of Care Commission inspectors. We conclude that this system has important advantages, both in terms of regulatory transparency and the need for inspectors to remain sensitive to the separateness of risk and quality issues. Future revisions of risk and quality assessment within social care services, both in Scotland and further afield, should seek to minimise misunderstanding and conflict between regulators and regulatees on closely interrelated matters of risk, quality and efficiency.     

GUEST EDITORIAL: Chemical risk management and practices in Japan - towards a new management perspective

Recent reform of environmental risk policy in Japan is discussed focusing on hazardous chemicals management. The background and reasons for evolution of a risk-based approach to hazardous chemicals management in Japan is discussed in a policy analytical framework.     

From objective to constituted risk: an alternative approach to safety in strategic technological innovation in the European Union

Safety is a legitimate means of limiting technological innovation in our societies. However, the potential socio-economic impact of curtailing techno-industrial progress on the grounds of safety means that risk governance policies tend to restrict the range of legitimate approaches to safety on the principle that it can only be discussed in the frame of an allegedly objective scientific representation of risk. In European risk governance, socio-economic factors such as the underlying innovation rationales and goals are not openly considered to be related to the constitution of safety, but tend largely to be treated as factors of subjective reaction towards risk and technology. This paper seeks to overcome that approach by proposing a ‘constitutive’ understanding of how risk and socio-economic factors and dynamics relate, focusing in particular on the ‘safe and responsible’ development of nanotechnology in the European Union (EU). I argue that risk is constituted according to socio-economic considerations, and that the controllability of the environmental and health risks of nanotechnology in the EU is assumed on principle in the very strong institutional commitment to the industrial exploitation of nanotechnology R&D. Using a constitutive approach, we may legitimately conceive a broader set of potential safety scenarios, while at the same time highlighting major obstacles to implementing more critical constitutions of techno-industrial risk in the framework of a highly competitive knowledge-based global economy.     

中国金融开放的外源性风险评估与预警机制

本文在构建金融开放的外源性风险指标体系的基础上,提出了评估金融开放外源性风险的“3δ”原理和风险的神经网络预警模型。利用中国金融开放的风险指标数据进行的分析结果显示,中国当前金融开放的风险级别处于安全状态。对26个发展中国家金融开放外源性风险的评估和预警表明,该原理和预警模型对金融开放的外源性风险的评估与预警具有一定的...     

Online monitoring and assessment of emerging risk in conventional industrial plants: possible way to implement integrated risk management approach and KPI’s

Existing methodologies and practices do not provide enough possibility for online monitoring and assessment of emerging risks occurring as a result of a change in technology, product, operating conditions, as well as in organization of activities in conventional industrial plants. Typical today’s off and online methods and corresponding software packages are used as risk assessment methods, while various risk aspects (such as: process risks, process equipment integrity risks, organizational risks, and health and environmental risks) are being assessed and treated independently. However, it is clear that risk assessment and making decisions in line with that has to be based on information collected from different (independent) sources in online mode. Also, the fact that additional risks in operations may occur due to unexpected changes in technology, accidents or unexpected process equipment degradation should be taken into account. When monitoring and process management systems are being designed and developed, only the process aspect and process risk are usually analyzed, while other risk aspects are not taken into account (like health and environmental risks). A new approach, to be presented in this paper, provides a possibility of online monitoring and assessment of risks (e.g. in petrochemical industry, power industry, etc.).     

The ‘Plateau‐ing’ of the European Better Regulation Agenda: An Analysis of Activities Carried out by the Barroso Commission

In this paper we examine cases commonly characterised as risk‐risk tradeoffs (i.e., creating new risks while solving existing ones), in an attempt to learn lessons that can be valuable for future regulatory decision‐making. A broad range of environmental and health literature was reviewed and numerous cases of proclaimed risk‐risk tradeoffs were analysed in order to determine: 1) why regulatory measures were initially taken, 2) why these measures caused a countervailing risk to emerge, 3) how tradeoffs could have been avoided, and 4) whether the case is a good example of a risk‐risk tradeoff. The analysis reveals that only a small number of these cases can actually be considered risk‐risk tradeoffs. In a large number of cases safer alternatives are and were available at the time decisions were made. In some cases the proclaimed risk‐risk tradeoff simply did not exist or occur, and in some cases countervailing risks were ignored for reasons unknown. In many cases, the countervailing risks could have been anticipated and avoided by proactively seeking safer alternatives, completing a tradeoff and impact assessment, or increasing stakeholder input in the decision‐making process. We conclude that concerns about risk‐risk tradeoffs are not a reasonable argument against future application of the precautionary principle. Indeed, sound decision‐making processes in the face of uncertainty should always consider and attempt to mitigate reasonable risk‐risk tradeoffs.     

Management of environmental and social risks and topics in the banking sector - An empirical investigation

This paper investigates how environmental and social (E&S) risks and topics (i. e. E&S issues that are important in terms of adaptation to a changing business environment) are integrated in the banking sector. Despite banks’ key role in steering financial flows towards sustainable development, little is currently known as to whether and how banks integrate E&S aspects into their management control systems and whether this integration translates into E&S performance. Building on prior studies in the environmental management control literature, we design a conceptual model in which we link contextual factors, a proactive strategy approach, E&S management controls, and E&S performance. Following common practice in the banking sector, we differentiate between two paths of E&S management controls: risk management (value protection) and topic management (value creation). Based on survey data for a small sample of 50 European banks, we find evidence that contextual factors, reflected in the perceived power and legitimacy of clients, voluntary standard setters and NGOs, are positively related to a proactive strategy approach. This proactive strategy translates into both topic and risk management. Yet, in the next step, only topic management is positively related to the E&S performance of a bank, but not risk management.     

Book Review

This research examines two modes of assessment of environmental health risks and the transformation of these risks into public health issues while relying on the specific case of well‐water toxicity and mega dose of electromagnetic radiation found in one prosperous town in the center of Israel – Ramat ha‐Sharon. Based on official and scientific documentation and interviews conducted at three time periods with randomly selected town residents from contaminated neighborhoods (N = 169), this study shows the discrepancy between the ‘objective’ experts’ standards for assessing environmental health risks and the public’s subjective perception and evaluation of the impact of these risks on their health and well‐being. Even though, by experts’ standards, the well‐water toxicity remained constant over the three interview sessions, Ramat ha‐Sharon town residents’ subjective levels of concern and perception of risk fluctuated as a function of news media and municipality announcements and residents’ perceived ability to minimize the risk. This study also shows the complex and multidisciplinary nature of environmental health risk assessments and the need to relocate them into the broader socioeconomic and political context in which they are embedded.     

The role of transparency in regulatory governance: comparing US and EU regulatory systems

The United States and European Union have focused on improving the practices used to develop and implement legal requirements as a way to improve the quality of regulations themselves. Transparency in the regulatory process, from determining regulatory goals, to evaluating alternative means to achieve those goals, to enforcing regulatory requirements, features high on the agenda of cross-cutting government reform programs that address the issue of ‘regulatory quality.’ This article examines the transparency of procedures in the US and the EU related to impact analysis and public comment. It examines the importance of transparency for ensuring the effectiveness of these two regulatory practices, summarizes regulatory procedures in the US and the EU, compares the different approaches, and highlights the relative merits of each.     

Evolutionary Approaches and the Construction of Technology-Driven Regulations

Innovation technologies have substantially changed commerce and society. A new financial industry in the form of financial technology (fintech) initiated the era of the digital economy. At the same time, inherent risks in technology-driven financial innovations, such as technical risks, information asymmetry, and even potential systemic risks, necessitate regulatory responses. However, insufficient regulatory techniques, outdated financial laws, and conservative regulatory concepts make it difficult for traditional regulations based on financial intermediaries to adapt to the current environment of decentralized financial transactions. Technology-driven regulations focused on data monitoring could be a remedy for the inefficiency and ineffectiveness of traditional financial regulations and enhance effective protection of financial consumers’ rights and interests. This new regulatory model aims to build a system that integrates equal access to information on blockchain transactions by both parties to it (i.e., the regulators and the financial institutions they regulate) for the purpose of oversight, intelligent real-time oversight, and an experimental sandbox for developing regulatory technology. This dynamic and flexible financial regulatory system could effectively address fintech risks.     

Value-at-risk vs. building block regulation in banking

Existing regulatory capital requirements are often criticized for only being loosely linked to the economic risk of the banks' assets. In view of the attempts of international regulators to introduce more risk sensitive capital requirements, we theoretically examine the effect of specific regulatory capital requirements on the risk-taking behavior of banks. More precisely, we develop a continuous time framework where the banks' choice of asset risk is endogenously determined. We compare regulation based on the Basel I building block approach to value-at-risk or ‘internal model’-based capital requirements with respect to risk taking behavior, deposit insurance liability, and shareholder value. The main findings are: (i) value-at-risk-based capital regulation creates a stronger incentive to reduce asset risk when banks are solvent, (ii) solvent banks that reduce their asset risk reduce the current value of the deposit insurance liability significantly, (iii) under value-at-risk regulation the risk reduction behavior of banks is less sensitive to changes in their investment opportunity set, and (iv) banks' equityholders can benefit from risk-based capital requirements.     

Jurisdiction concerning annex actions in the context of the insolvency and Brussels Ibis regulations

The legislation of the European Union has addressed the private international law aspects of civil and commercial matters and those of insolvency cases separately. While the Brussels Ibis Regulation (and its predecessors) focuses on “classic” civil of commercial cases, insolvency proceedings are subject to the (recast) Insolvency Regulation. However, the close interference between the two related areas of law—commercial and insolvency—results in a category of cases that are commercial and contentious in nature, and so they would tend to gravitate towards the Brussels regime, but yet they are so closely connected to the insolvency proceedings that justifies a special approach. This article focuses on the question of international jurisdiction regarding these “annex actions” in the context of the EU law. It will attempt to explore the historical roots of the current provisions and the evolution of both the European legislation and the relevant case law. The examination of this progression provides a better understanding of the current legislation and answers some questions apparently left open in the recast Insolvency Regulation.