Government regulation of a cornerstone of
financial markets has moved closer after a British banking body agreed to
surrender its decades-long role in overseeing Libor, the scandal-riven global
benchmark for borrowing costs.
The
British Bankers' Association formally voted to cede its role last week, more
than four years after questions were first raised about whether banks were
lying in their submissions to the setting that governs $350tn in contracts
worldwide.
The
move came at the request of UK officials who plan to announce a new regulatory
structure for the rate-setting process as part of a package of reforms due to
be announced on Friday, two people familiar with the process said. The rates
serve as benchmarks for everything from US home mortgages to complex
derivatives transactions worth billions of dollars.
Martin
Wheatley, managing director of the Financial Services Authority, has been
leading a review of the rates aimed at restoring confidence after Barclays paid
£290m to settle allegations that it had tried to manipulate Libor and Euribor,
a similar interbank rate set in Brussels.
More than a dozen
other banks and financial institutions are being probed on three continents for
similar manipulation allegations. UBS has said it has received partial immunity
for working with investigators, and Royal Bank of Scotland has said it expects
to reach a settlement eventually.
The
BBA has been gradually backing away from the rate-setting process since 2008,
when some analysts first complained that banks were understating their Libor
submissions.
The
BBA said in a statement: "The BBA seeks to work with the Wheatley review
team as they complete their consultation on the future of Libor. If Mr
Wheatley's recommendations include a change of responsibility for Libor, the
BBA will support that." It declined to comment further.
Under
the current set-up, Libor rates are set daily in 10 currencies and 15 time
periods by asking panels of banks to estimate the cost at which they think they
can borrow. The top and bottom are thrown out and the rest of the submissions
are averaged. The BBA serves as a sponsor and ThomsonReuters performs the
actual calculations. Both Bloomberg and NYSE Euronext have volunteered in
submissions to the Wheatley review to take over administration of Libor.
The
European Banking Federation so far has no plans to step back from Euribor, the
rate it sponsors. Unlike the BBA which is made up of individual banks, EBF
draws members from national banking associations.
"There
is no comparison with the Libor case," an EBF spokesman said. "Our
stakeholders are national associations and not the banks themselves, this
prevents any potential conflict of interest in hosting the governance of
benchmarks."
Neither
the FSA nor the BBA would say how Libor will be set and sponsored in the
future, but it is clear that regulators will take a much more active role. Gary
Gensler, chairman of the US Commodity Futures Trading Commission, which has led
the Libor probe, said this week that the rates needed to be reformed or replaced
very quickly.
The
Association of Corporate Treasurers, which represents corporate Libor users,
said the BBA's decision to let go of the rates it helped create "makes
sense".
"Given
the situation we have got ourselves into, a bigger regulatory role would be
good. It is a huge bench mark but the entire set up is entirely
voluntary," said Martin O'Donovan, ACT deputy policy director.
By Brooke Masters, FT.com September 26,
2012

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