Submission #21

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Record Currency Management Limited

Question 1. What costs will the proposed collateral requirements create for small or medium-sized entities, particular types of counterparties and particular jurisdictions? Is it possible to quantify these costs? How could the costs be reduced without compromising the objective of sound risk management and keeping the proposal aligned with international standards?

The proposed requirement to impose variation margin for foreign exchange forward contracts and foreign exchange swaps on a much wider range of counterparties than internationally envisaged, including pension funds and other long-term institutional investors across the European Union, will impose significant new cost and operational demands on such counterparties. Such requirements would go beyond those set out in the BCBS-IOSCO guidance, would breach international consistency in particular by going beyond the US “Dodd-Frank” requirements, and may deter such investors from undertaking prudent risk management activities. Sound risk management and international consistency would be maintained by explicitly limiting the requirement to post and collect variation margin to contracts between banks and counterparties that are financial institutions and systemically important non-financial entities, defined so as to exclude pension funds and other long-term institutional investors. Please see the attached document “Record Currency Management Limited RTS Risk Mitigation Submission July 2014 Final.pdf” for more detail.

Question 2. Are there particular aspects, for instance of an operational nature, that are not addressed in an appropriate manner? If yes, please provide the rationale for the concerns and potential solutions.

As above, requiring pension funds and other long-term institutional investors to post and collect variation margin on foreign exchange forward contracts and foreign exchange swaps imposes significant operational as well as cost demands, as well as breaching international consistency with BCBS-IOSCO guidance and the Dodd-Frank requirements. As above, the solution would be explicitly to limit the requirement to post and collect variation margin to contracts between banks and counterparties that are financial institutions and systemically important non-financial entities, defined so as to exclude pension funds and other long-term institutional investors. Please see the attached document “Record Currency Management Limited RTS Risk Mitigation Submission July 2014 Final.pdf” for more detail.

Question 3. Does the proposal adequately address the risks and concerns of counterparties to derivatives in cover pools or should the requirements be further tightened? Are the requirements, such as the use of the CRR instead of a UCITS definition of covered bonds, necessary ones to address the risks adequately? Is the market-based solution as outlined in the cost-benefit analysis section, e.g. where a third party would post the collateral on behalf of the covered bond issuer/cover pool, an adequate and feasible alternative for covered bonds which do not meet the conditions mentioned in the proposed technical standards? NA

Question 4. In respect of the use of a counterparty IRB model, are the counterparties confident that they will be able to access sufficient information to ensure appropriate transparency and to allow them to demonstrate an adequate understanding to their supervisory authority? NA

Question 5. How would the introduction of concentration limits impact the management of collateral (please provide if possible quantitative information)? Are there arguments for exempting specific securities from concentration limits and how could negative effects be mitigated? What are the pros and cons of exempting securities issued by the governments or central banks of the same jurisdiction? Should proportionality requirements be introduced, if yes, how should these be calibrated to prevent liquidation issues under stressed market conditions? NA

Question 6. How will market participants be able to ensure the fulfilment of all the conditions for the reuse of initial margins as required in the BCBS-IOSCO framework? Can the respondents identify which companies in the EU would require reuse or re-hypothecation of collateral as an essential component of their business models? NA

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Name of organisation Record Currency Management Limited