US Fed tells Santander: shape up, or get fined

In a fierce warning to Santander, the US Federal Reserve has issued an enforcement act against its US arm. The action highlights faults and “deficiencies” in Santander’s practices, and outlines what it must do to rectify these areas. Santander has 60 days to submit details that consider, include and address a number of aspects – such as board oversight, risk management, capital planning, liquidity risk management and legal and regulatory compliance.

If Santander fails to comply with the enforcement action, the Fed reserves the right to levy a fine on the bank

In terms of meeting the Fed’s board oversight requirements, Santander must detail the different committee and officer roles as well as the duties of each and the responsibility of the bank’s board to ensure legal compliance by management. The bank must designate a specific individual as well as create a “formal project plan, including milestones, timetables, success measures, and adequate funding for personnel and other resources” to ensure compliance with the Fed’s conditions.

For risk management, the Fed is insisting that Santander:

  • provides an assessment of the effectiveness of the firm’s risk management programme;
  • creates risk tolerance guideline limits;
  • outlines clearly defined roles to deal with risk; and
  • keeps to “the implementation of incentives that are consistent with risk management objectives and standards.”

Capital and liquidity stress test reports are also to be submitted to the reserve bank, as well as general progress reports every “30 days after the end of each calendar quarter.”

The enforcement action is said to be “unusually broad in scope for a bank of Santander’s size”. It is part of a massive crackdown by US regulators into the risk management of the country’s largest banks.

If Santander fails to comply with the enforcement action, the Fed reserves the right to levy a fine on the bank. Speaking about the action, a Santander spokesman said that there would be much work to do to meet the Fed’s “standards of excellence” and “regulators’ expectations”, adding that it would take a “comprehensive, multiyear transformation project” within the US bank.

Regulatory revolution

The global investment management industry has come up against its fair share of difficulties recently. Shrinking investment opportunities, seismic technological shifts and emboldened regulatory restrictions are among the latest hurdles to have hit margins. However, the changed circumstances under which industry figures are expected to work have forced enterprising firms to rethink old strategies, and turn these challenges into opportunities.

For those hit hardest by this changed operating environment, survival is difficult enough an ambition, yet, as far as clients are concerned, growth remains the expectation. As a result, many firms have struggled to stay competitive, and only those with a firm handle on the market have been able to survive the storm. “Since the financial crisis began in 2008, stock markets have enjoyed a considerable bull run, GDP growth is again robust in many markets, and assets under management are on the upswing around the globe. But these gains have not translated into the amount of top and bottom line growth that wealth managers would expect based on past recoveries”, according to the latest Strategy& wealth management outlook.

Acclimatising to change
Much has been made of the extent by which investment management firms have been handicapped recently by regulation. Both governance and disclosure are more closely monitored today than they ever have been, and compliance costs are far greater today than they were prior to the financial crisis. The main difference, however, is that broad-based reforms in the immediate aftermath of the crisis are today more targeted, and the success of a great many firms depends on their ability to adapt accordingly.

“The asset management industry is struggling to cope with the regulatory reform that followed the global economic crisis. The number of rules emanating from multiple regulatory bodies is not the only obstacle managers need to surmount, dealing with the uncertainty resulting from ever-changing regulations is remarkably demanding. In addition to the multi-jurisdictional challenge, national bodies are enacting rules with extra-territorial effects”, according to a Grant Thornton report on the issue of regulation in asset management.

Regulatory pressures have done much to limit the ability of firms to realise broad-based and sustainable gains, particularly among smaller firms, for whom the costs associated with compliance have often proven too great to bear. There are others, however, whose commitment to align their strategy with regulatory reform has done much to differentiate their services from those offered by competitors, and in doing so, they have created a distinct market advantage.

“Regulators internationally are clearly pursuing certain shared agendas in their efforts to create a more stable financial system and better protect investors”, says Martin Engdal, Market Strategist at Advent Software in his predictions and outlook for 2015. “But regulation is fast moving and often ambiguous, and we should never under estimate the propensity of regulators and governments, to surprise. It is impossible to predict exactly which new rules or amendments will be coming down the line as regimes continue to evolve over the coming decades.”

The sheer volume of new regulation published in the past few years has given rise to confusion about how best to meet these requirements and how firms might benefit as a result. Yet the example shown by the winners of this year’s World Finance Investment Management Awards show that compliance can play an active role in building relationships, with both regulatory bodies and clients.

Despite the challenges associated with similar post-crisis developments, assets under management have grown by quite extraordinary degrees and the pool of global savers has grown far larger in previous years. True, this new regulatory landscape has done much to obscure some of the better opportunities lying in wait, and the transfer of wealth from the last generation to the next, alongside a string of technological advancements, has done much to raise hopes about a brighter future.

Fast-paced tech advances
The age at which wealth is created is far lower than it has been historically, and although this new generation of HNWIs is more tech-savvy than before, there is still a need for expert advise when it comes to matters of investment management. On the one hand, technology means that wealthy individuals can be both more involved and informed, however, the developments have also handed firms an advantage when it comes to streamlining their offerings.

“Asset managers have increased their technology spend year on year since the financial crisis as they have dealt tactically with the technological challenges new regulation has thrown their way, but now, in 2015 we expect to see the start of the next wave of technology spend”, said Dean Brown, Executive Director of Wealth and Asset Management in an interview with Wealth Advisor. “Legacy systems are starting to constrain managers’ growth ambitions. Managers’ creaking systems also now often represent an unacceptable level of risk. As the industry enters the next phase of the growth cycle and managers look to expand their business into new products and geographies, we expect to see much more focus in strategic spend on front office platforms and operations.”

With face-to-face interactions no longer the go-to method of contact for institutional and private clients, firms have been quick to commit to a digital agenda, so as to lower costs, strengthen ties with partners and tighten their grip on the market. Also, in an age where transparency and disclosure are more valued than ever, digital solutions have handed firms a new means of reaching, and in some instances, surpassing market expectations.

“Success in the post-crisis era will depend on offering new, more customised products to meet the needs of investors increasingly focused on capital preservation”, according to EY’s industry outlook. “Distribution channels must be more aggressively leveraged to specifically target a whole new class of tech-savvy investors, many of whom command unlimited access to more financial information and advice from their mobile devices than they could ever obtain from most financial advisors.”

The investment management industry no longer has the monopoly on market information, and technological gains mean that firms must demonstrate that their expertise is great enough to warrant the fees they ask of clients. In this new climate, more attention must be paid to the education of clients, and on realising their investment ambitions.

In place of standalone products, firms in the here and now have tended towards customised solutions, as they seek to satisfy the whims of the individual and not simply chase returns. Constant feedback from clients is therefore important, as they focus more on cementing strong relationships, and on employing technology to this end. As a consequence, industry names have grown more selective about who they choose to conduct business with, as the less wealthy among them are without the capital to warrant this highly customised approach.

The World Finance Investment Management Awards highlight the best parts of the industry and shine a light on those responsible for the most impressive developments. Though the obstacles number in the many, the winners of this year’s awards show that there are still opportunities for the taking, and, should firms mirror their contributions, clients and the industry at large stand to benefit as a result.

The firms selected by the judging panel and listed here have been analysed for their continual drive toward bettering client relations, diversity, and ability to lead and direct the industry. Some of the firms are new and have carved a niche in the industry, others such as AmInvest, who return for the fourth year in a row, have become industry stalwarts. While the industry regularly brings new entrants, those leading the way are clear for all to see – a fact not lost on our judges and those who voted in this year’s Investment Management Awards.

Investment Management Awards 2015

Argentina
Schröders

Australia
Pinnacle Investment Management

Austria (equities)
Pioneer Investments

Austria (fixed income)
Erste Asset Management

Bahrain
PineBridge Investments

Bangladesh
ICB Asset Management

Belgium (fixed income)
Petercam

Belgium (equities)
Capfi Delen Asset Management

Brazil
HSBC Global Asset Management

Bulgaria
TBI Asset Management

Canada (fixed income)
JP Morgan

Canada (equities)
Edgepoint Wealth Management

Caribbean
Santander Peurto Rico

Chile (fixed income)
BTG Pactual

Chile (equities)
Bci Asset Management

China China
Universal Asset Management

Colombia BBVA
Asset Management

Croatia
ZB Invest

Cyprus
Byron Capital Partners

Czech Republic
Conseq

Denmark
Danske Capital

France
Lyxor International Asset Management

Finland
FIM Asset Management

Germany (equities)
Allianz Global Investors

Germany (fixed income)
Helaba Invest

Egypt (equities)
EFG Hermes

Egypt (fixed income)
Rasmala Egypt Asset Management

Greece
Alpha Trust

Hong Kong
BOCI-Prudential Asset Management

Hungary
OTP Investment Fund Management

Iceland
MP banki

India
ICICI Prudential

Indonesia
BNP Paribas Partners

Italy
ARCA SGR

Ireland
Kleinwort Benson Investors

Jordan
AWRAQ

Kazakhstan
Resmi Finance & Investment House

Kenya
Old Mutual Kenya

Kuwait
KAMCO

Latvia
Finasta

Lebanon
Ahli Investment Group

Luxembourg
KBL European Private Bankers

Liechtenstein
IFOS

Malaysia
AmInvest

Mauritius
MCB Investment Management

Mexico (equities)
SURA Investment Management

Mexico (fixed income)
Impulsora de Fondos Banamex

Netherlands
ING Investment Management

Monaco
Monaco Asset Management

Nigeria
FBN Capital

Norway
Skagen Funds

Oman
Oman Investment Corporation

Pakistan
Al Meezan Investment Management

Peru (equities)
SURA

Peru (fixed income)
Credicorp Capital

Philippines
BDO Trust and Investment Group

Poland
Ipopema Asset Management

Portugal
Banif Investment Bank

Qatar
QNB Asset Management

Russia
Kapital Asset Management

Saudi Arabia
NCB Capital

Serbia
Novaston Asset Management

Singapore
Eastspring Investments

Slovak Republic
VÚB Asset Management

Slovenia
KD Funds

South Africa
Argon Asset Management

Spain (equities)
Bestinver Gestion

Spain (fixed income)
Santander Asset Management

Sri Lanka
NDB Wealth Management

Sweden
AXA Investment Management

Switzerland
Azure Wealth Management

South Korea
Shinhan BNP Paribas

Taiwan
Cathay Securities Corporation

Thailand
UOB Asset Management (Thailand)

Turkey
AK Asset Management

UAE Emirates
Emirates NBD Asset Management

UK (fixed income)
Blue Bay Asset Management

UK (equities)
Baillie Gifford

US (equities)
MFS

US (fixed income)
Western Asset Management

Vietnam
SSI Asset Management

Kleinwort Benson Investors helps clients obtain green profits

Interest in environmental, social and corporate governance investing (ESG) is growing very rapidly in the market. Clients and prospective clients who in the past may have shown less interest in the topic have become more engaged on these issues from a number of different perspectives. Some asset owners see their investments as having dual objectives: maximising (risk-adjusted) financial returns while also achieving ‘societal gain’ via better governance, environmental impact and similar factors, for instance. At the other end of the spectrum are investors who do not believe that ESG investing will definitely enhance returns, or that it should be used to achieve specific societal goals, but who do wish to avoid investment in certain sectors or stocks because of ESG-related risks, including reputational risk. In-between those two ends of the spectrum are many other shades of opinion, of course.

At Kleinwort Benson Investors, it certainly seems to us that, wherever investors were on the spectrum one or two years ago, they have been moving towards the more ‘progressive’ end of the spectrum, to a greater or lesser extent.

A growing market
With that in mind we began a programme of enhancements to our ESG offerings, internal procedures and our investment processes. We do not, incidentally, believe that this is a static process. The only certain thing that we know about ESG investing is that it will continue to evolve and change in the years ahead, and probably very quickly. We continue to enhance our ESG offering in an effort to match our client needs. For quite some time we have excluded, as a matter of company policy, investments in companies that manufacture landmines or cluster munitions. We have not changed that policy.

The only certain thing that we know about ESG investing is that it will continue to evolve and change in the years ahead, and probably very quickly

One key step in this enhancement programme of our products was to review our external service providers. Following extensive review, we appointed MSCI ESG Research as our primary provider of ESG research and ratings, and continue to use Institutional Shareholders Services (ISS) as our proxy voting research partner. The case for outsourcing such a specialised and labour intensive function is strong and we felt that internal ESG research should be completely independent, and not be influenced by the fact that we might hold the stock. MSCI ESG Research is of course one of the largest and most credible ESG research and ratings providers, and we believe that they are the right service provider for us to work with as we significantly expand our ESG activity.

We have also adopted a more comprehensive and nuanced set of negative screens that are used for the ESG-specific versions of our global equity strategies. These negative screens are based, in part on the socially responsible investing guidelines of the United States Conference of Catholic Bishops and exclude investments in certain controversial sectors such as tobacco, adult entertainment, coal and others.

To be clear, these negative screens are only used in the ESG versions of our global equity strategies. This gives investors in our global equity strategies the option of applying those screens, or not, depending on which version of our products they invest in. We also continue to offer bespoke custom screening as directed by specific clients.

New products
We have recently launched a new emerging markets equity ESG strategy. This strategy employs our core investment process used by all our global equity strategies, but in addition: applies negative screening to exclude investments in certain controversial sectors, as weapons and coal; excludes stocks, regardless of sector, with the lowest ESG rating as determined by MSCI ESG Research; and positively integrates ESG factors into the investment process by creating a portfolio which aims to have an overall ESG rating substantially higher than the benchmark.

This strategy was launched in the fourth quarter of 2014 and is already attracting much interest given its innovative features. We also have an existing global and eurozone version of the fund.

Within our environmental strategies we have significantly enhanced the ESG integration within our investment process (essentially formalising an existing less formal process). We now explicitly use ESG ‘scores’ for two of the four pillars which comprise our key proprietary valuation model. We believe that companies whose products and services enhance social or environmental goals deserve a higher valuation. Such companies are more likely to have long, durable, sustainable business models.

The wealth management industry: changes and opportunities

Although not directly part of the crisis, the wealth management industry was still impacted with the tarnish that came to the financial sector. It faced the same challenges around client trust and the need to adapt in a new world.

As the financial markets worldwide bounced back, growth was linked to firms reviewing their operational strategies and priorities. Many altered their business models or merged with or acquired other businesses. While there may be further consolidation, wealth management firms also find themselves in a highly challenging environment with rapid technological advancement, political uncertainty and excessive regulation.

One particular change has been adapting to the increased influence of the European regulatory system. Following the Lisbon treaty, the UK ceded a great deal of power to the EU and is now in a position where regulations agreed in Brussels can come into direct force in the state without any input or influence at a national regulator level. Directives still allow national discretion by the UK’s FCA but – at least in the immediate period after crisis – a huge raft of regulation was passed to send a strong message globally that the situation was being taken in hand.

There are many ways the Government could help to further encourage retail investment in shares

One example of legislation coming from Europe, that will have significant implications for the sector, is the second version of the Markets in Financial Instruments Directive/Regulation – MiFID II/MiFIR. The WMA has been in continuous engagement with key influencers in Europe, as well as the FCA, to ensure the legislation is as appropriate as possible to the UK wealth management industry. The organisation is still campaigning for a number of changes to the rules, including that investment trusts should not be defined as “complex”, as this may deter retail investors from purchasing shares in the asset and will mean that firms have to complete an appropriateness test every time a client wishes to purchase an investment trust on a non-advised basis. Their major concern now is the timescale to implement MiFID II – firms will have to implement a number of system changes to meet the requirements and many details of the legislation have not yet been confirmed. This means that the deadline for implementation of January 3 2017 will be extremely difficult to meet.

Despite the fact that a lot of financial services regulation in the UK comes from Europe, there has also been recent legislation originating further afield, namely in the US. The Foreign Account Tax Compliance Act (FATCA), which requires foreign financial institutions (FFIs) to report information about financial accounts held by US. taxpayers, is now in operation. Following in the US’s footsteps, the OECD created the Common Reporting Standard (CRS), which will be implemented from January 1 2016 and will require firms to identify and report the tax residency and related information of individuals and entities in over 100 jurisdictions.

Although the amount of legislation coming from Europe and the rest of the world can be daunting for the wealth management sector, it can also create excellent opportunities for the industry and its clients. The European Commission’s recent proposals for a Capital Markets Union (CMU) is an opportunity to boost economic growth and employment in the EU by helping businesses to “tap into diverse sources of capital from anywhere within the EU and offer investors and savers additional opportunities to put their money to work”. The WMA continues to feed into discussions around the building of a CMU, with the aim of ensuring that individuals and their families are at the core objective of the CMU, and that concern for the retail investor is therefore its central focus.

So regulation is undeniably a key factor in the wealth management industry, but there are other changes and challenges as well. For example, firms have to ensure they keep up-to-date with technological change and systems upgrades, continue to recruit talented staff and obtain new clients, and protect their business against the ever-present threat of financial crime and cybercrime. WMA member firms are increasingly citing financial crime, especially the threat of cyber attacks, as one of their key concerns. The organisation holds an annual financial crime conference to inform member firms of the latest financial crime legislation and recent advancements in cybercrime and cyber security.

The wealth management industry is extremely important to the UK, growing the wealth of individuals and families, which should in turn boost economic growth and living standards for all. The WMA strongly believes that retail investment should be encouraged for all UK citizens and that the government should help to promote a cultural shift towards long-term investment in any way it can.

There are many ways the Government could help to further encourage retail investment in shares, for example by ensuring that individual investors are allowed to participate in Initial Public Offerings (IPOs) whenever it is appropriate. The best way of achieving stronger and more accountable organisations is to ensure the widest possible range of shareholders. Giving priority to institutions or sovereign wealth funds ignores those who have a vital stake in these companies in the first place and the Government has a duty to ensure ordinary retail investors have an opportunity to own shares in such companies. Individual shareholders are typically investors, not speculators – they look to the long term and many take an active interest in the performance of the companies they own. What’s more, investors do not pay stamp duty on IPOs but will in the secondary market. The Government could definitely do more to promote retail involvement in IPOs – not only should they encourage private companies to include a retail tranche when listing but ensure that sales of government-owned companies are open to individuals. The WMA was disappointed that retail investors were not given the opportunity to participate at all in the second part of the Royal Mail share sale recently.

The Government has taken steps recently to promote investment by individuals, for example by abolishing stamp duty on exchange traded funds (ETFs) from April 2014, which is a strong incentive for investment into the UK, and also benefits retail investors. However, the Government could and should go further, for example by also abolishing stamp duty on stocks in ISAs and SIPPs, in order to further encourage investment that could not only give new opportunities to ordinary investors, but contribute to wider economic growth.

Individual Savings Accounts (ISAs), and multiple modifications to them in recent years, have helped to promote long term saving and investment by individuals in the UK. Recent important developments from the Government have included the creation of increased flexibility between Cash ISAs and Stocks and Shares ISAs; the introduction of Junior ISAs to encourage saving from an early age and help teach children about financial planning; the allowance of investment in AIM-listed shares within Stocks and Shares ISAs; and the creation of the Help-to-Buy ISA.

George Osborne announced in his pre-election Budget that the Government was committed to a “savings revolution” – with many looking forward to seeing further policies announced that will truly contribute to a culture of long term savings and investment in the UK.

The wealth management industry and the prospects for retail investors have seen some significant changes in recent years, creating both challenges and opportunities. Lord Hill, the British European Commissioner for Financial Services, is committed to reducing the amount of regulation coming from Europe so there are potentially blue skies ahead in this area. The current UK Government seem to be dedicated to encouraging retail saving and investment, which should also create opportunities for the sector. However, the threat of cybercrime is not diminishing and the pace of technological change does not appear to be slowing. Nobody can be sure of what the future of the wealth management industry will hold– but it will no doubt evolve and grow through the continuous pace of change that characterises today’s financial landscape.

Banks prepare for another crisis

The 12 largest financial institutions in the US have submitted to the Federal Reserve the public parts of “living wills.” These living wills for banks, similar to those of humans, are contingency plans outlining what should happen should a financial institution face an unforeseen liquidity crisis. According to the Federal Reserve, in a press release concerning the positing of these plans, “[e]ach plan must describe the company’s strategy for rapid and orderly resolution under the US Bankruptcy Code in the event of material financial distress or failure of the company.”

[I]nstitutions such as JPMorgan and Bank of America said that they would be able to weather such a crisis

In the hypothetical crisis of the plans, Goldman Sachs, Citigroup and Morgan Stanley all said that in the case of an unforeseen crisis and bankruptcy, they would no longer exist, needing to sell their assets and operations. Other institutions such as JPMorgan and Bank of America said that they would be able to weather such a crisis, continuing to exist and operate, albeit in a reduced capacity.

The twelve firms that were required to submit their plans were:  Bank of America Corporation, Bank of New York Mellon Corporation, Barclays PLC, Citigroup Inc., Credit Suisse Group AG, Deutsche Bank AG, Goldman Sachs Group, JPMorgan Chase & Co., Morgan Stanley, State Street Corporation, UBS AG, and Wells Fargo & Company.

According to the American Banker, the public part of these plans (there are confidential parts available only to regulators) include “information about how subsidiaries would be resolved in addition to the parent company’s unwinding, how legal entities are interconnected, what the stripped-down banks would look like and banks’ current efforts to simplify themselves.”

The need for banks to draw up these living will plans is a result of a piece of legislation called the Dodd–Frank Wall Street Reform and Consumer Protection Act, created by US lawmakers in 2010, following the 2008 crisis. According to the Federal Reserve, this law “requires that bank holding companies with total consolidated assets of $50bn or more and nonbank financial companies designated by the Financial Stability Oversight Council (FSOC) as systemically important periodically submit resolution plans to the FDIC and the Federal Reserve.” The aim is to ensure that financial institutions are able to deal with distress or failure without bringing down the entire financial system as Lehman Brothers nearly did seven years ago.

The living wills of 11 banks last year were rejected by US regulators as inadequate. The Federal Reserve is expected to decide upon the validity of this year’s submissions later in the year.

After 167 years, Chicago futures pit rings its last bell

On July 6, Chicago-based CME Group Inc closed its historic trading pits – once used to trade in commodities like cattle, gold and corn – giving in to the modern methods and efficient machinery that now dominate the industry. On the final day of trading, a group of Chicago brokers sported their trademark jackets for the last time as they dealt in European futures and soybean in the traditional way in the city where it all started.

[A] group of traders requested the US Commodity Futures Trading Commission (CFTC) to review the potential repercussions to the market

In opposition of CME’s plans to end the 167-year old practice, a group of traders requested the US Commodity Futures Trading Commission (CFTC) to review the potential repercussions to the market. Despite the resistance, the CFTC has brought the investigation to a close.

Following CME’s announcement in February that it would close open-outcry futures trading in both Chicago and New York, crowds of traders flocked in to the famous pit in Chicago to bid farewell. “It felt like saying goodbye to an old friend, someone who’d been with you most of your adult life,” John Pietrzak, a corn broker for more than three decades told Reuters.

Pit trading reached its pinnacle in the late 1990s, when as many as 10,000 boisterous, and often aggressive, brokers would gather on the world’s largest trading floor in Chicago. Soon after this peak, the sharp demise of the practice began as computer technology was introduced to the industry.

Although many are saddened to let the tradition go, CME has held onto it far longer than many other big players in the industry who have already switched over to more efficient and organised electronic systems. The London International Financial Futures Exchange was the first to close over a decade ago, while in 2012 IntercontinentalExchange Inc terminated its open-outcry trading in New York. The end of the tradition in its birthplace is certainly poignant, particularly to those who witnessed the mayhem in its heyday, but it was inevitable given the benefits of electronic trading and the shift of the entire industry.

Breaking boundaries: a history of immigration

1790

With its wide-open spaces, America encouraged all-comers in its earliest years. Practically anybody – including criminals escaping the English hangman – could step ashore and start again. Approaching the end of the 17th century, no less than 75 percent of the population was foreign-born. Then in 1790, in a complete reversal, Congress banned anybody not European or of Caucasian stock. And nearly 100 years after that, the Chinese were specifically excluded.

1948

After 150 years of racist immigration laws, America opened its borders again, this time to European refugees of the Second World War. The Displaced Persons Act recognised what was happening – one of the biggest legal immigration floods in history. Over one million refugees poured into the US between 1941 and 1950. Designed as a symbol of freedom, the Statue of Liberty was the first landmark many immigrants saw when nearing US soil.

1993

Across the pond, the first Colombians began arriving in Spain to escape years of armed conflict in a drug-ridden nation. Numbers were estimated at just 7,000 – but it was the start of a flood. Shortly after 2000, there were about 250,000 Colombians in Spain, the first choice for many as a safe haven. As in other overrun countries, many Spanish people complained that poor illegal – and legal – migrants drove down wages because they took any job going.

1996

Alarmed by the large amount of Mexicans finding their way through porous borders, America made an effort to get tough again. The number of border control agencies was doubled, fences were erected in the most trafficked areas, and hefty penalties were applied to anybody harbouring or aiding illegal immigrants. Yet still these ‘border bandits’ got through, usually guided by people smugglers that helped in return for hefty fees.

2000

With perhaps 50 million illegal immigrants, India has one of the biggest global immigration problems. It’s estimated that at least 10 million Bangladeshis alone crossed the border during their country’s so-called Liberation War. The price of illegal entry is cheap, around $30 for the round trip into Bengal, and as low as $3 for false identities. In desperation India started building a 2,500-mile long, nearly 12-feet high fence along the border to keep Bangladeshis out.

2007

There’s nothing new about illegal immigration in sub-Saharan Africa. Some 44,000 Congolese were kicked out of Angola along with 400,000 other unofficial residents who had fled civil war in the Democratic Republic of Congo. In this as in other wholesale expulsions, Angola was only exercising its rights – most countries claim the freedom to decide if an illegal immigrant can stay or not. If the latter, it’s usually because they are judged to be genuine refugees.

2012

America faced a more complex immigration problem as Central Americans fled the most corrupt nations in droves. At least 90,000 non-Mexicans were caught in 2012 alone. Since then however, the number of Mexicans arrested by the US Border Patrol has been dropping rapidly from an average of around one million a year. A concern remains as there has been an increase in the discovery of unaccompanied alien children making their way from Central America.

2015

As the thousands of Rohingyan people crossing the Andaman Sea near Malaysia in early May would attest, the lure of a better life elsewhere is a powerful incentive to risk one’s life. They are some of the roughly 750,000 systematically oppressed, ghetto-ised Muslims trapped in Buddhist Myanmar with virtually no legal rights. According to the UN, at least 100,000 Rohingyans fled the country by sea in the last three years.

Bureau van Dijk on the power of information

Much focus has recently fallen on the issue of tax avoidance, as research on the subject has increasingly shown that the global economy is losing out on billions of dollars to a byzantine system. One paper published by the Congressional Research Service shows that the US federal government loses as much as $100bn a year to offshore tax abuses, whereas Global Financial Integrity estimates that the price for developing nations is just as great.

Responding to growing pressure from all quarters to enforce tighter and more consistent controls, policymakers across the globe have taken pains recently to level the playing field and consider how new laws might serve to mitigate spiralling losses. Published in July 2013 with a view to addressing perceived flaws in the international tax system, the OECD’s base erosion and profit sharing (BEPS) action plan is nearing completion (see Fig. 1), and promises to bring with it a greater degree of uniformity and responsibility to proceedings.

Most of the associated actions have been completed already, and on occasion; select companies have been forced into making dramatic changes in a bid to meet the requirements. However, the finer points of the plan will take time to implement, and the part played by outside experts is crucial in what will likely prove a difficult adoption process.

Forthcoming refinements mean that companies must reassess their operating models and ask whether they suffice in this
new climate

World Finance spoke to Luis Carrillo, Director of Transfer Pricing Solutions at Bureau van Dijk (BvD) to discuss further how BEPS will change legislation in the future. “The OECD is on target to complete the BEPS project, and many of the action items are already completed”, says Carrillo. “The remaining question is how quickly countries around the world will take to implement the BEPS recommendations into their legislation.”

Forthcoming refinements mean that companies must reassess their operating models and ask whether they suffice in this new climate. However, the impact of this evolving environment will likely vary from country-to-country with inconsistencies possibly undermining the credibility of the reforms. Carrillo says: “One key danger is the fact that certain countries have moved ahead of the OECD’s completion of the BEPS project, and their requirements may not be in line with OECD. All this said, it looks like companies will have to be ready for BEPS as early as 2016.”

Getting BEPS ready
BvD plays a pivotal role in the process with its global database of company information and business intelligence, meaning that affected Multinational Enterprises (MNE) can more easily come to terms with how BEPS might impact their operations. “BvD works with a network of 120 specialist information providers locally, to source and adds value to information on millions of companies worldwide. BvD regularly reviews the quality of the data from the information providers to ensure its quality and integrity; to the extent the data comes from official filings, providing access to original filings that can be used to corroborate the veracity of the financial data in our products”, says Carrillo. With a database (Orbis) containing information from over 120 sources and spanning almost 150 million companies, any person drawing on BvD’s data set has access to unrivalled company coverage on a regional and international scale.

“BvD’s expertise in company and business information provides MNEs with the necessary tools to quantify arm’s length results. MNEs can rely on BvD to establish policies that are compliant with arm’s-length requirements based on the new international framework evolving from the BEPS project”, Carrillo continues. The company can also help MNEs monitor their global operations and assess areas of risk, where their existing policies may be inadequate – particularly under the new BEPS regime. There is now more than ever a need for financial information on a global scale, with BvD providing the scope and reliability that can best help MNEs.

As company and business information specialists, BvD differs from competitors by providing reliable financial information for a wide range of analytical functions – from M&A to credit and supplier risk to transfer pricing. The scope of coverage – over 18 million companies with detailed financials and 150 million in all – and the level of descriptive information (business overviews, corporate ownership links, news) in the company’s products make financial risk management and transfer pricing analysis with solutions more reliable, robust and simple to implement. BvD’s software solutions, like TP Catalyst, streamline the workflow around transfer pricing analysis, documentation and reporting.

“Moreover, our local presence in 35 offices around the world provides a level of service and support for our customers that goes beyond what competitors offer in the area of transfer pricing”, Carrillo attests. However, such a comprehensive database brings its own set of challenges, and BvD has been investing continually in technology to ensure that the data set is both usable and updated on a constant basis. “Technology is essential to the compliance and reporting process, especially as the reporting burden on tax payers increases as a result of BEPS”, says Carrillo.

“BvD’s technology solutions can help MNEs create Master File and Local File documentation in a streamlined manner, help MNEs periodically monitor their global operations against their arm’s length benchmarks for risk assessment and planning, and streamline country by country (CbyC) reporting.

“Furthermore, through its customised solutions team, BvD can help automate the transfer pricing management process from a day-to-day operational perspective by developing bespoke data warehouses that are directly linked to MNEs’ accounting systems and BvD databases, to automatically produce transfer pricing calculations and reports for documentation.”

Fig 1

Complying to the action plan
A number of elements come together to maintain the company’s successful track record. From standardising financials and ratios, linking data sources, creating unique identifiers, linking directors and contacts, adding bespoke research, appending and linking corporate structures, integrating information on M&A rumours to applying data verification, cleansing and quality control, BvD metrics add value to the information.

Considering any complications that may arise as a result of changes such as the BEPS action plan, its content has an important role to play in ensuring companies are complying with relevant reporting criteria.

For example, “CbyC reporting is extremely data intensive. To the extent that the financial data of a high percentage of MNEs operations already exist in BvD’s databases, BvD can automatically fill a large number of the CbyC reports directly from Orbis”, Carrillo adds.

“MNEs can also upload customised Excel templates with the necessary information to automatically produce the CbyC reports in TP Catalyst. Also, our customised solutions team can further automate the CbyC reporting process by mapping the relevant data from any custom-built data warehouse directly into the necessary CbyC reports, adding an additional layer of automation to the process.”

Speaking on the biggest challenges facing BvD clients currently, Carrillo says that increasingly stringent regulatory ties are problematic for multinationals, whose everyday operations have been interrupted by compliance demands. “The biggest challenges MNEs are facing include the additional reporting burden, the anticipated increase in tax enquiries, and the apparent divergence from the Arm’s Length Principle, which is likely to result in greater double taxation”, continues Carrillo. “This last point, in our view, is particularly concerning. As experts in business information, we find that there is sufficient information in the public domain to establish arm’s length policies – including in emerging markets. However, we worry that the OECD and many taxing authorities are pushing more and more for the use of profit split methodologies, which given the available data may, not yield reliable arm’s length results.

“With the degree of disclosure required under BEPS, the insistence by tax authorities to use profit-split methodologies is likely to increase. This will be to the detriment of the arm’s length principle where more reliable market-based methodologies – like the Comparable Profits Method or the TNMM – can produce more reliable measures of an arm’s length standard.”

It appears that the tax landscape is evolving in much the same way that the OECD has envisaged in the BEPS proposals, and with the issue of tax avoidance ranking high on the political agenda, particularly in mature economies, some contest whether the rules are at all necessary. Tax authorities are taking pains to recoup lost revenues, though the BEPS agreement still represents something of a paradigm shift for an international tax system that has for too long fallen foul of changing corporate behaviour.

With the public pushing for greater transparency on tax issues and reforms on the subject gathering momentum, the importance of companies like BvD has never been greater. As multinationals around the globe take their vital first steps toward the implementation of BEPS reforms, arriving at a fitting operating model depends significantly on the ability of affected companies to partner with firms who can make sense of data on the subject.

Byron Capital Partners: how to invest in bonds in a low-yield world

Since the last global financial crisis, the sustained suppression of interest rates by global central banks has contributed to broad-based inflation in asset prices, rewarding investors that have participated indiscriminately in the prevailing yield chase in global bond markets. In March, the European Central Bank (ECB) launched a full-blown quantitative easing programme with asset purchases expected to be roughly €60bn ($64.96bn) monthly through September 2016 – adding over €1trn ($1.08trn) to ECB assets – with a concentration on sovereign bonds of eurozone countries.

With 10-year yields on German sovereign bonds trading at around 0.10 percent as of April 22 2015 (with some forecasters predicting yields to go negative) and 30-year yields on German sovereign bonds trading at an astonishing 0.48 percent, the level of duration risk being taken by investors is alarming. Low yields are not simply a ‘core’ European phenomenon, with 10-year yields on Portuguese sovereign bonds yielding 2.07 percent in the same period, having been as high as 18.3 percent in January 2012.

The energy sector in the US High-Yield Bond market serves as a topical example of the repricing of risk that can abruptly occur after credit ‘binges’

At the short end of the curve, we continue to witness unprecedented events, for instance, three month Euribor turned negative for the first time on April 21 2015 (put simply banks are now paying each other to get cash off their balance sheets). Spain also sold treasury bills with similar maturity at a yield of negative (0.029 percent). Also as of April 21 2015, core bond yields in the five-years sector are approaching (0.2 percent). The average yield on eurozone bonds yields was 0.5 percent on the same date and astonishingly €2trn ($2.16trn) of European government debt now trades at negative yields.

Global outlook
Bond market bulls will argue that with 40 countries in deflation and over 20 central banks cutting rates since the start of the year through the end of the first quarter of 2015, globally monetary policy remains on balance towards easing and investors will be continually encouraged to take more duration risk in order to earn some form of return. What’s more, the outlook for global growth remains muted as the global economy continues to deleverage. At the IMF’s biannual World Economic Outlook conference on April 14 2015, the IMF noted that despite slightly improved growth forecasts (2016 forecast was previously 0.1 percent lower at 3.7 percent) the outlook for economic recovery is still ‘moderate and uneven’ with concerns that financial and geopolitical risks have increased in recent months.

Regulatory tailwinds are also in place for bond markets. For example, under the existing regulatory treatment in place, sovereign debt carries a zero-risk weighting meaning banks are permitted to hold little or no capital against sovereign debt. Furthermore incoming legislation such as Solvency II that will regulate the €7trn ($7.59trn) European insurance industry focuses on ‘asset risk’, forcing insurers to evaluate the assets they invest in from a cost and risk budgeting perspective. Under Solvency II, a capital charge of 39 percent will apply for global equities but debt-related instruments are scheduled to be cheaper at 15 percent, forcing insurers to look to debt assets.

Forced hand
The result of yields this low is that investors are being forced to move down the yield curve to find return and secondly invest in more risky assets in pursuit of yield. Although one of the arguments of quantitative easing is that it should stimulate credit growth, many believe negative rates are unlikely to stimulate credit creation. On the contrary, some financial commentators argue that this initiative could actually decrease credit supply as bank profits margins tighten and capital is misallocated to riskier borrowers that in turn could eventually increase non-performing loans.

The energy sector in the US high-yield bond market serves as a topical example of the repricing of risk that can abruptly occur after credit ‘binges’. Of the $121bn of US high-yield principal trading at distressed levels (meaning credit spreads above 1,000 basis points), energy exploration and production companies in April 2015 accounted for $38bn (31 percent), metals, mining and steel corporates account for $24bn (20 percent) and oilfield equipment and services account for $15bn (12 percent). To put this in context the next largest sector after energy is specialty retail that accounted for only five percent. The energy sector has accounted for 15-20 percent of US high-yield bond issuance in recent years growing to over 15 percent of the US high-yield bond index. As a consequence, the decline in the high-yield energy sector in the fourth quarter in 2014 dragged the whole US high yield market with it.

Faced with corporate credit yields continuing to make new lows and credit supply offering inadequate compensation for fundamental credit risks, many traditional bond investors have been forced to turn to equities but the volatility of the asset class for some investors can be problematic. For example, since 1972 the S&P 500 has fallen more than seven percent on 28 occasions. Aside of a strategic shift into equities, investors are looking at unconstrained bond strategies or absolute return fixed income and relative value credit strategies with a view to trying to generate returns historically associated with exposure to global bonds that are no longer available without exposing themselves to excessive interest rate and credit risk.

UCITS structure
Byron Capital Partners launched the Byron Fixed Income Alpha Fund (BFIAF) in November 2010 that focuses on absolute return fixed income and relative value credit. Furthermore the BFIAF operates in a UCITS-compliant structure, domiciled in Ireland that offers investors weekly liquidity. The strategy works well in a UCITS structure, although leverage in UCITS is restricted as well as shorting limitations so the quality of the asset management is truly tested.

During and following the 2008 financial crisis, the comparative advantages of UCITS funds manifested themselves and the structure addresses prominent investor concerns such as liquidity, regulation, custody of assets, transparency and risk management. UCITS IV provided the flexibility for absolute return strategies to be run effectively in a UCITS structure with the scope to offer hedge fund like risk-return profiles in a regulated, liquid and transparent product offering. In Europe (and now outside of Europe), the UCITS directive has evolved into one of the most widely recognised regulatory frameworks of investment funds, allowing investors to access absolute return strategies through UCITS-compliant onshore structures while obtaining increased transparency and liquidity. In addition UCITS funds explicitly lie outside of the alternative investment fund managers directive scope and already possess a European passport allowing distribution across Europe.

The fund has produced an excellent performance over the last three years, with the institutional share class returning 7.43 percent, 3.46 percent and 3.11 percent net of fees in 2012, 2013 and 2014 respectively corresponding to a Sharpe ratio of 2.34, which resulted in a major European performance award.

Risk-adjusted returns of various asset classes

This year has seen a very strong performance by the fund, and indeed risk-adjusted returns against other asset classes have been positive since its inception (see Fig. 1). Duration is tightly managed and stood at approximately 2.55 on April 22 2015 and the manager aims to maintain an average portfolio credit rating of investment grade. As of April 22 2015, the portfolio’s average credit rating was BBB-. High-yield exposure is capped as per the fund’s prospectus at 40 percent.

In terms of their outlook and positing for the fund, the investment management team see no value in European sovereign debt but believe there are still opportunities in some selective European corporate bonds. They also believe some crossover names in the emerging market space offer value. The energy sector is an interesting sector in the bond market given pricing dynamics outlined above, however, the investment management team is particularly conscious of liquidity concerns in this sector. Given the fund offers investors weekly liquidity, liquidity considerations for the asset base of the fund are of significant importance to ensure investor redemptions can be managed in an efficient manner.

With short-term interest rates in the developed world remaining low and even negative for the foreseeable future, particularly in Europe, a premium will be put on the ability to generate positive returns from global fixed income and credit portfolios without exposing investors to excessive duration and credit risk as well as illiquidity. With investors under increasing pressure to produce positive returns from fixed income investments, the prospects for absolute return fixed income and relative value credit, particularly in a regulated structure, look favourable and offer a compelling alternative to a rotation into equities that arguably remain expensive on both a cyclically adjusted and historical basis.

“High-speed” households drive China’s consumer spending

According to a survey by The Boston Consulting Group (BCG), “high-speed” households are helping to bolster consumer spending over the next five years.

The report defines “high-speed” households as middle- to upper-middle-class families, whose average monthly income surpasses 12,000 RMB ($1,900).

Incomes among these high-speed households is set to rise

This demographic is set to generate approximately $3.8trn of the $5.6trn in total urban consumption, according to a summary of the report.

“These high-speed households will power consumer spending in the years ahead,” said Jeff Walters, a BCG partner. “The overall economy may be slowing, but these more affluent consumers are optimistic about the future and their ability to increase their spending.”

Incomes among these high-speed households is set to rise, which the consultancy company believes will only help increase the sense of optimism that is already present within China’s consumer class and increasing overall spending.

According to the report, the “average affluent household” will see its overall income rise by more than 11 percent over the next few years, while the “average aspirant household” will see a rise of just six percent. This differential ends up creating a “20-fold difference” in actual earnings.

In order to reach these consumer, companies must have a strong presence, both online, and in the cities where roughly 80 percent of these families reside.

This new generation of Chinese consumers are “digitally savvy” and are “active online shoppers”, according to the report. In fact, 40 percent of affluent households log-on at least one a week to make a purchase, compared to 20 percent of aspirant households.

“These high-speed households are optimistic, active online shoppers, and will power consumer spending in the years ahead,” said Youchi Kuo, an expert principal at BCG.

Grexit closer as Greece votes NO in referendum

On July 6, Greeks went to the polls to vote on whether or not to accept the bailout conditions previously put forward by its international creditors and the EU. Overwhelmingly, Greeks have rejected the proposals, with 60 percent voting “no,” as the Syriza government had urged.

Although the referendum question itself was redundant, as any decision on the deal has since expired, the vote is being interpreted as a general rejection of EU austerity measures. The ‘no’ vote makes the prospect of Greece defaulting on the rest of its debt to EU creditors and the IMF more likely, potentially forcing the country out of the Eurozone and having to readopt its old Drachma currency.

The ‘no’ vote makes the prospect of Greece defaulting on the rest of its debt to EU creditors and the IMF more likely

The Greek government, however, seems optimistic that this will not be the case. According to the Prime Minister of Greece, the Financial Times reports, negotiations with European leaders will continue, but now “the issue of debt will be on the negotiating table”. “The mandate you’ve given me,” he told voters “does not call for a break with Europe, but rather gives me greater negotiating strength.” Others in the eurozone are not so hopeful, with the deputy German chancellor, Sigmar Gabriel, telling Tagesspiegel newspaper that “[w]ith the rejection of the rules of the eurozone … negotiations about a programme worth billions are barely conceivable.”

The first political casualty of the ‘no’ vote has been Yanis Varoufakis, who in the wake of the result has quit his position as Finance Minister. Writing on his personal blog, he claimed that he was made aware that members of the Eurogroup and others involved in the negotiations wished for his absence in any further negotiations, leading him to resign so as to ensure the best possible outcome for any post-‘no’ vote talks.

Greece’s banks are fast running out of cash and it is uncertain whether or not they will be able to open this week. According to IHS Global Insight’s senior economist Diego Iscaro, reports Business Insider, the ECB will continue providing liquidity to Greek banks for the time being, however “it is very likely banks will not reopen on 7 July as currently expected.” The FT is reporting that the Greek central bank is discussing reducing the withdrawal limit to just €20 a day.

On July 20, Greece is due to pay €3.5bn to the ECB. If it does not pay – and by rejecting bailout conditions it is hard to see how it can – then it is likely that the ECB will cease to accept collateral from Greek banks and withdraw its €89bn worth of Emergency Liquidity Funding, essentially leaving Greece’s banking sector insolvent. At this point the country would most likely be forced to restart printing its own currency. Whether or not – or how – this would mean Greece exits the eurozone, however, is unclear, as there is no legal process for forcing a country out of the monetary union.

Flash and burn: high frequency traders menace financial markets

On May 6, 2010, $1trn was wiped from the US stock market in a matter of seconds. Traders and other observers of the market around the world were aghast and baffled by this 600 point dip, yet almost as quickly as they fell, prices recovered. It happened so quickly, many missed the dramatic fall and recovery all together, and the sudden plunge and rise would become known as the ‘Flash Crash’.

What had happened left many, financial authorities included, somewhat perplexed. While the Flash Crash was, as the name suggests, over in a flash, the surprise volatility unsettled analysts. This time around long-term investors, to whom many entrust the future of their pensions and savings, had not lost out as prices quickly recovered, though the incident remained a cause for concern.

In a 2011 speech the Bank of England’s Chief Economist Spencer Dale said that this brief crash had “taught us something important, if uncomfortable, about our state of knowledge of modern financial markets”, he declared. “Not just that it was imperfect”, the economist continued, “but that these imperfections may magnify, sending systemic shockwaves… Flash Crashes, like car crashes, may be more severe the greater the velocity”.

While the Flash Crash itself was just a freak blip, the implications were troubling

While the Flash Crash itself was just a freak blip, the implications were troubling. Relatively harmless though it was, future such incidents could prove more dramatic. Financial regulators and authorities began investigating and five months after the incident, the Securities and Exchange Commission published a report indentifying the culprit. It was all a big accident, apparently. A Kansas City mutual fund had mistakenly placed a large sell order of stock market future contracts on a Chicago exchange.

Uncovering the truth
Fast-forward five years and it appears the real force behind the Flash Crash may have been discovered. This time the alleged culprit was an individual accused of wilfully manipulating the stock market through fraudulent means. In April 2015 the US Department of Justice and Commodity Futures Trading Commission accused London-based high-frequency trader Navinder Singh Sarao of using algorithms to place spoof bids and sales, for which he was arrested.

From his suburban house on the southwestern edges of London, Sarao was accused of helping to trigger the Flash Crash. The 36-year-old is alleged to have made £27m ($42.38m) through fraudulent means on the Chicago Mercantile Exchange over the past five years. Despite being accused of contributing to the infamous Flash Crash and profiting handsomely, the casual observer would hardly have known. Living in a modest house with his parents and driving a Vauxhall Corsa, it was also reported that Sarao’s clothes were usually tracksuits from discount sports outlet Sports Direct. The unassuming stock-market whizz was allegedly placing spoof orders and manipulating the market to make his unspent fortune. By placing an order bid for a large amount of shares, the shares in question take on the appearance of experiencing strong demand pressure, which then raises the share price and attracts buyers. The spoof order will then be cancelled, however the demand created allows the spoofer to sell at a higher price.

Abiding by the same basic principle, the accused is said to have placed large sell orders just above the price of the lowest prevailing prices, with the intention of giving others in the market the impression of large selling pressure, and, in doing so, depressing prices. Once the value was down – as a result of Sarao’s own doing – he would purchase stock at the deflated price. His initial orders would then be cancelled, allowing prices to rise again as the illusion of selling pressure disappeared. Once prices had bounced back he would sell the stock he had bought at the lower price he manipulated, thereby turning a profit.

Sarao’s alleged strategy requires speed, and lots of it. The use of automated algorithms, otherwise known as high frequency trading (HFT), gave him the speed required, to react to each stage of his process at exactly the right time. HFT is the “use of complex algorithms which analyse financial markets and synthesise data faster than other traders”, according to the Securities Arbitration Clinic.

Stock markets are often imagined either as dominated by fast talking traders on top floor city desks in expensive suits, or perhaps alpha male-types dressed in colourful jackets shouting from the trading pit. These images are mistaken. HFT now accounts for, according to consultancy Tabb Group, “as much as 73 percent of US daily equity volume, up from 30 percent in 2005”.

Every second counts
In his book Flash Boys: Cracking the Money Code, Michael Lewis recounts the story of Brad Katsuyama who worked at the Royal Bank of Canada, buying and selling large quantities of stock for clients. In the mid 2000s Katsuyama noticed something strange in the stock markets he worked in. When he would attempt to place a sell or bid order on shares merely by pressing enter on his keyboard, the price would suddenly change – higher if he was buying, lower if he was selling. The baffled banker thought perhaps it was an IT problem and requested his company’s tech team look into the matter. They were just as stumped.

The entire process made no sense to Katsuyama at first. He assembled a team of financial technology experts to look into it. Eventually they worked it out. The computer centres of different exchanges were located in different locations, with different lengths of internet cable between themselves and brokerage houses. The time for an order to go from one exchange to another depended on the length and path of these cables.

When banks such as RBC place large orders of stock, they purchased different amounts from different exchanges. These orders, although all placed at the same time, were received by the different exchanges at slightly different times due to how long it took the order to travel through the internet cables burrowed underground.

High frequency traders using algorithms could exploit this delay of a few seconds. When Katsuyama was placing orders for a large amount of shares from one company at one exchange, the algorithms were able to predict that large orders of the same company’s shares were going to be ordered at another exchange, delayed by a few seconds. This slight delay – miniscule to humans – was open to exploitation by computers. High frequency trading firms would then be able to place orders at these other exchanges, raising the price he would have to pay to complete his order. Katsuyama was face to face with the new, fast paced, computer-driven world of HFT.

The use of computers on the stock exchange has been around since the 1970s, with early initiatives allowing for orders to be sent to the correct trading posts. In the 1980s ‘program trading’ was introduced, in which orders are entered into the market to be executed automatically when certain price points are reached. The use of this was cited as a cause of the 1987 stock market crash.

As Dr William Blewitt of Newcastle University says: “Algorithmic trading itself has been a part of equity trading for decades, with broadening use seen in the 1990s as electronic communication networks became more widespread.” The real boost came with a report in 2001 in which researchers from OBM published a report detailing their laboratory experiments using trading algorithms, with the findings showing the advantage of computers over humans. Throughout the 2000s banks and investment firms increasingly adopted HFT software as part of their trading strategies, which Katsyuama, working for RBC, encountered. As Bloomberg notes, “2007, traditional trading firms were rushing to automate. That year, Citigroup bought ATD for $680m”.

The growth of HFT can be, Blewitt tells World Finance, attributed to a number of factors. One of the most important was the decimalisation of US stock prices [in the 1990s], which allowed stocks to be quoted to the cent, as opposed to a fraction of the dollar”, he says. “Another was the ever-improving infrastructure for high-speed communications, which trading firms had been investing in since the 1990s. By 2009, HFT accounted for over 60 percent of equity turnover by volume in the US.”

Dow Jones point position

The need for speed
The positives and negatives of this rise in HFT have been subject to much debate. Many maintain that HFT has made markets less predictable and more volatile. As Blewitt notes, one of the downsides is “that prices fluctuate significantly over very small periods of time – given the volume of overall trading made up of HFT activities; this can lead to overall market volatility”.

There are also potential benefits. Blewitt maintains that HFT has had some positive impact on stock markets, arguing “faster and more accurate updates of stock prices lead to narrower spreads and more competitive bid-ask prices”. The common line of defence of HFT generally is centred on its increased efficiency. Peter Kovac, himself a high frequency trader and author of Flash Boys: Not So Fast, argues, HFT has “dramatically reduced the cost of trading over the past decade, by five times or more. TD Armeritrade, the largest online retail broker, estimates that in the last 10 years transaction costs have declined 80 percent for retail investors… In short, every-one – retail investors, mutual funds, pension funds, whoever – has benefited significantly.” The increased speed and inefficiency is said to have made “markets substantially cheaper to invest in, reducing costs and adding a little bit to everyone’s investment returns”.

The algorithms used by HFT firms are also closely guarded secrets; in recent years there have been a number of people arrested for theft after taking the specific codes for certain bank HFT strategies. The secret nature of the logic behind certain algorithms makes the market harder to understand and predict.

This does raise one clear problem with HFT: it is used to identify a multitude of small gaps within the market to eke out a profit. As Jerry Alder at Wired notes, high frequency traders “are continuously testing prices, looking for patterns and trends or the chance to buy something in one place for $1 and sell it somewhere else for $1.01, or $1.001”. Where fundamental buyers may bid or offer shares based on their own learned opinion or evaluation of a company, HFT reacts blindly to signals.

Whereas the demand for a share may be determined by a multitude of investors having hope in the prospects of a certain company, HFT will merely respond to pre-programmed price patterns. The decisions of fundamental buyers or the cumulative demand of many smaller investors helps to determine the value – whether that is subjective or objective – while the actions of HFT do nothing of the sort, instead reacting to fluctuations as they have been programmed to.

These blind, reflexive responses of HFT are what allowed Sarao to allegedly take advantage of the stock market. While Sarao may have relied on algorithms to execute his trading strategy – thus consigning him to the category of a high frequency trader according to many – the only people who would have been damaged by his alleged market manipulation would have been other high frequency traders whose algorithms would have been tricked into transactions by Sarao’s.

Ranjiv Sethi, a professor of economics at Columbia University, argues that “the strategies that Sarao was trying to trigger were high-frequency trading programs that combine passive market making with aggressive order anticipation based on privileged access and rapid responses to incoming market data”. More advanced algorithms would have “detected Sarao’s spoofing and may even have tried to profit from it, but less nimble ones would have fallen prey”. Meanwhile, fundamental buyers and sellers would have been unaffected by Sarao’s alleged high speed chicanery, as their investment decisions would have been “based on an analysis of information about the companies of which the index is composed”. Professor Sethi continues, “Such investors would not generally be sensitive to the kind of order book details that Sarao was trying to manipulate.”

Algorithms are here to stay in financial markets. Now that Pandora’s box has been opened, attempts at expunging automated trading would be impossible. The question to be addressed is how exactly these new technologies are used. According to Blewitt, the activities that Sarao is accused of are an abuse of HFT. Known as ‘hype and dump’, such trading strategies – made clear by the arrest of Sarao – are illegal. Blewitt tells World Finance that HFT itself is not to blame: “HFT simply exists as an application of evolving technologies to the stock market infrastructure. As such, it is the market itself which has any exploitable vulnerabilities, and certain abuses of HFT can enable the morally bankrupt to leverage some of them.”

How HFT is used, or abused, is decided by institutional actors. The next big tax for financial authorities will be trying to find the most appropriate way to regulate HFT, in which the benefits are kept and its worst excesses curbed. Financial authorities in the US, evidenced by their pursuit of Sarao, are treating HFT as a bigger threat to the stock market. However, Sarao is, in many ways, being made a scapegoat. He was apparently able to make a tidy profit from the use of algorithms, yet only because of the prevalence of algorithms in the first place. America’s various financial authorities, rather than pursuing an obscure trader in the suburbs of London, should be creating and architecture of regulation that allows, as much as possible, the benefits of HFT to be realised while curbing its worst excesses.

BP fined record $18.7bn

Five years on from the Deepwater Horizon oil spill and BP has been issued with the largest environmental fine in US history, to be added to the damages paid out already to affected businesses and individuals. Since the catastrophe struck, in which 11 workers were killed and millions of barrels spilled, the oil giant has been struck by a torrent of legal claims, though none so costly as the settlement reached with the US government and five states on July 2.

Already, the damages tied to the oil spill have cost BP $43.8bn

Already, the damages tied to the oil spill have cost BP $43.8bn, not including the recent settlement, which tacks another $18.7bn onto the total and, according to US Attorney General Loretta E Lynch, amounts to the largest settlement reached with a single company in US history. The agreement covers claims made by Alabama, Florida, Louisiana, Texas and Mississippi, along with 400 local government entities and settles all federal and state claims tied to the event.

“This is a realistic outcome which provides clarity and certainty for all parties,” said the company’s chief executive Bob Dudley in a statement. “For BP, this agreement will resolve the largest liabilities remaining from the tragic accident and enable BP to focus on safely delivering the energy the world needs. For the United States and the Gulf in particular, this agreement will deliver a significant income stream over many years for further restoration of natural resources and for losses related to the spill.”

BP’s chairman Carl-Henric Svanberg said also that the settlement makes good on the company’s commitment to restore the Gulf economy and environment, and resolves the largest remaining legal exposures on its books. “In deciding to follow this path, the Board has balanced the risks, timing and consequences associated with many years of litigation against its wish for the company to be able to set a clear course for the future.”

Could stress tests save the fossil fuels industry?

On an unspectacular day in January, one middle-income commuter filled his 4×4 to the brim with cheap fuel, while another American oil exec worked late into the night, deciding how he might announce in the early hours that stocks had fallen through the floor. Far apart in nature, these two incidents can be attributed to the same phenomenon, and with oil reserves spilling over and clean alternatives nearing on cost competitiveness, the price slump has done much to underline the issues weighing on the fossil fuels industry.

When the per-barrel price of Brent sat in and around the $110 mark in the middle of last year (see Fig. 1), ambitions to tap Arctic and deep-water reserves – while expensive – were fully funded. Yet a steep decline hit home in the months after when in January a five-year record low cast a long shadow over a market for which costs were already problematic. Where six months before, the industry’s profits were healthy and its prospects sparkling, much of the focus now currently falls on cuts, people, projects and production, as the fate of the fossil fuels business hangs precariously in the balance.

“[The price fall] has exposed serious shortcomings in oil companies’ risk management processes”, says Andrew Grant, Financial Analyst with Carbon Tracker. “By chasing volume over value and investing based on price scenarios that assume business as usual rather than making sure that their projects work at lower, but by no means unprecedented oil prices, the oil industry would have been better prepared and better served it’s investors.”

The future of the global energy market is uncertain

Barring a swift return to triple-digit territory, those in the industry must finally concede that more must be done to legislate for market shocks, if only to escape value destruction on an as-yet-unseen scale.

Stranded assets
It’s in this new low price environment that oil majors have been forced to shelve billions of dollars in projects, for want of more breathing space than they currently enjoy. One Amin Nasser of Saudi Arameco told reporters at a Brussels conference recently that the capital funding cuts could reach $1trn before two years are up, and reports that $200bn in contracts have been cancelled in only the first three months of the year are widespread.

Kicking off the year with a whimper, Shell announced that it would no longer plough ahead with plans to build a $6.5bn petrochemicals plant, and was joined soon after by Statoil, Canadian Natural Resources and Premier Oil, who slashed their budgets for much the same reasons. More recently, the Anglo-Dutch oil major joined France’s Total in postponing a string of multi-billion dollar projects off West Africa, and where once these deep-water contracts were highly-sought after, the same opportunities have veered into loss-making territory.

The volatility of the market, not just in the last year but also in recent decades, has called into question the legitimacy of a business where distortions are as much a part of the equation as supply and demand. Worse is that these risks are set to multiply as the transition to a low-carbon economy gathers momentum, and without clarity on how it is fossil fuel companies expect to make good on a shrinking business, those with a stake will be non-the-wiser about their predicament.

“Currently financial markets have an unlimited capacity to treat fossil fuel reserves as assets”, according to a Carbon Tracker report entitled Unburnable Carbon – Are the World’s Financial Markets Carrying a Carbon Bubble? “As governments move to control carbon emissions, this market failure is creating systematic risks for institutional investors, notably the threat of fossil fuel assets becoming stranded as the shift to a low-carbon economy accelerates.”

For the same reasons that the credit crunch and the dot.com boom before it exposed investors to considerable losses, the fallout of a carbon crash – greater even than the one we’re in – could bring irreparable damages to the industry, investors and, ultimately, the global economy at large. The $1trn figure posited by Nasser, therefore, offers only the slightest indication of what could unfold should fossil fuel companies fail to safeguard against further price shocks, so it’s little surprise that investors are beginning to call for action.

Earlier this year, investors representing close to $2trn in assets penned a letter to the Securities and Exchange Commission (SEC), asking that they impose tighter disclosure requirements on fossil fuel companies. Orchestrated by the non-profit advocacy group Ceres, the seven-page document noted that “a growing number of investors are working to integrate climate risk into their investment strategies, and obtaining more information from fossil fuel companies about their capital expenditures and related risks is a critical part of this process.”

Recently many more have made known their wish to see oil and gas companies take seriously the issues of strategic planning and risk management and, in doing so, create a more resilient energy market. In 2013, a group of 70 investors managing assets worth $3trn made the case that energy companies should assess risks under climate action and ‘business as usual’ settings.

Likewise, in January, investors representing over £160bn ($251.7bn) filed with BP and Shell to ask that their annual reports include asset portfolio resilience to changed climate settings, details on low-carbon energy R&D and any relevant investment strategies.

“Investors want to ensure oil and gas companies are prepared for changing market dynamics and the risks they pose to profits”, says Stephanie Pfeifer, Chief Executive of the Institutional Investors Group on Climate Change and key name in the debate. Concerned that some assets may become stranded in a changed scenario, stricter disclosure requirements would give investors greater reassurances about their protections. Arctic, deep-water and unconventional projects have already been handicapped, both by rising costs and operational challenges, yet information concerning the risks, at least as far as investors are concerned, has come too late.

“Uncertain demand and volatile pricing show why fossil fuel companies should be putting strategies in place to manage climate risks”, says Pfeifer. “Having a view on future demand which takes into account the low carbon transition and government policies on climate and energy will enable fossil fuel companies to play a constructive role in the shift to a low carbon economy – this might be through investments in renewable energy projects or positive policy advocacy for things such as a carbon price.”

Monthly price of Brent oil

Stress testing
Studies show that action on the point so far has been muted. Carbon Tracker states that only five of a 49 company sample ran stress tests on the resilience of their capital expenditures under a scenario consistent with an average global temperature increase of 2°C, and it’s on this point above any other that the criticism has been laid.

“Many fossil fuel companies acknowledge both the threat posed by climate change and the energy transition needed to mitigate that threat. But beyond this nominal acknowledgement, it is less clear how that threat has trickled through company governance, executive planning, forecasting and strategy, the overall business plan and the annual investment decisions”, according to a Carbon Tracker blueprint, reflecting on the benefits of factoring low carbon and low price considerations into any long-term plan.

So often shackled to the assumption that demand and pricing will continue on the same footing, a readiness on the part of fossil fuel companies to overlook low price or low carbon scenarios threatens to land the industry in trouble, as indeed it has done already this year. Stress testing has been posited as a major part of the solution, and by following fast in the footsteps of the banking industry, fossil fuel companies can give greater reassurances about their exposure to market disruptions. By all accounts, the future of the global energy market is uncertain, and operating under the assumption that business will continue as usual marks a wilful incompetence on the part of fossil fuel companies to protect against climate change, technological developments and changing economic assumptions.

Only by calculating the risks tied to factors as far apart as demand, prices, management and capital allocation can fossil fuel companies keep investors informed about their susceptibility to market changes, whether sudden or gradual. And in choosing to outline the ways in which lower-than-anticipated demand might affect returns, more informed decisions can be made about where it is the industry’s focus should lie.

“We believe that companies should demand lower breakeven prices and higher return hurdles from any investments in their planning decisions, and test against a wide range of oil prices – as history and the last six months shows, a small percentage change in the balance of supply and demand can lead to very large percentage changes in oil prices. By doing so, not only are companies better prepared for any oil price weakness in future, but they ensure they are only investing in the highest return projects and hence get the best possible returns for their shareholders”, says Grant. “We have seen over the last five years or so how companies have moved from low cost legacy projects to expensive new sources of supply, and returns have suffered as a result.”

Investor engagement is doing much to drive positive change, yet the decision must come ultimately from the companies, and conceding that the fossil fuels business is threatened by volatility and climate change would mean major and expensive changes.