Getting the Risk Right in Risk-Based
Capital
Remarks Prepared for the Federal
Deposit Insurance Corporation
Risk Management Conference
July 31, 2002
New York, New York
Karen Shaw Petrou
Managing Partner
Federal Financial Analytics, Inc.
The Basel Committee is now working desperately to finalize a wholesale
revision of the risk-based capital rules that have governed international
banking since 1988. The revisions are desirable in concept because
flaws in the current rules have created anticipated, but apparently
unavoidable, incentives for banks to take credit risk. However,
the scope of the current project raises the risk that the revised
rules may create more risks than they curtail, largely due to the
fact that banking is an even more indistinct financial services
sector than it was more than a decade ago. Regulatory standards
that distort economic incentives instead of appropriately
disciplining them create macroeconomic and systemic risks.
As a result, the Basel Committee should move with care, first making
only those revisions to the capital rules clearly warranted by widely-acknowledged
problems in the current system. These changes should be based on
consensus credit risk concepts, not regulatory-derived innovations,
and the final rules also should not include a new capital charge
for operational risk.
Credit Risk Rules and Procyclicality
One key concern as evidenced by this panels main topic
is the degree to which regulatory action can exacerbate economic
cycles, thus creating costly booms and busts instead of encouraging
stable economic growth. To the degree that banks regulated by the
Basel Accord are a diminishing segment of the total financial services
industry at least in the U.S. this risk diminishes,
but it remains a real and serious one. However, even if macroeconomic
risk drops as capital rules drive risk outside the banking system,
systemic risk clearly increases. Banks in sharp contrast
to other financial intermediaries are subject to ongoing
supervision and more or less meaningful capital standards. To the
degree that the capital rules and other supervisory policies drive
risk-taking into non-banking organizations, a truly perverse systemic
result will ensue.
EU regulators have less to worry about in this regard, so they
are freer to pursue capital initiatives that meet EU competitiveness
goals and reflect the EUs emphasis on capital, not bank examination.
Under the EUs Capital Adequacy Directive, the Basel rules
will be applied not only to banks, but also to non-bank financial
services firms. Thus, to take an example, asset management will
come under the Basel operational risk rules whether conducted in
a bank or outside one. In the U.S., however, the Federal Reserve
does not have the authority to impose the capital rules on financial
services firms that eschew the financial holding company charter.
This makes the systemic risk issue a very real concern in the U.S.,
since banks facing uneconomic capital requirements could well abandon
their charters to remain competitive.
The fact that banks in the U.S. can move some businesses outside
the banking system may reduce the procyclicality concern, but it
does not eliminate it. Several changes to the credit risk rules
would alleviate the potential procyclical and systemic risks in
the pending Basel proposal:
First, careful segregation of expected and unexpected losses in
the capital framework, with reserves handling expected losses, would
diminish the procyclical effect of the rule. To the degree that
reserves not capital bear expected credit losses,
bank earnings and capital are more stable through economic cycles,
especially if reserve policy is improved to make reserve allocation
more forward-looking. Doing this in the U.S. would require a final
agreement between bank regulators and the SEC with regard to loan
loss reserves. Further, U.S. policy should be changed to make reserves
a tax-deductible expense, as is the case in most other G-10 countries.
Second, current efforts to keep the total impact of the revised
rule within the same amount of capital now imposed means that the
new rule will likely under-estimate capital for both very low and
very high credit risks. This could significantly distort credit
markets under stress, since banks will simultaneously flee to low-risk
assets to protect capital and high-risk ones to increase return.
Politics aside, the revised rule should attempt to allocate standardized
and IRB capital to real risk, not try to fit the new rule into a
spread-sheet with 8% at the bottom.
Finally, the credit risk indicators used in all aspects of the
Basel rule should rely not only on external ratings, but also on
other acknowledged indicators of credit risk. Sole reliance on ratings
will exacerbate the procyclical problem in the rule, since a well-recognized
failing of most ratings is their inability to anticipate risk. Ratings
tend to be backward-looking as Enrons descent to junk
status upon its bankruptcy again made clear. The Basel rules do
not, for example, recognize loan-to-value ratios in setting capital
for mortgage assets, despite the long-recognized relationship between
LTV and mortgage credit risk. Inclusion of loss-given-default in
the internal ratings-based (IRB) capital options is an effort to
incorporate factors like LTV, but this approach in contrast
to explicit recognition of LTV could increase procyclicality.
Loss at default estimates will likely rise and fall with economic
cycles as banks change their assessment of collateral value. As
conditions worsen, potential losses increase forcing a capital
hike as the cycles trend down. Reliance on LTV at the outset, however,
minimizes this risk because high-LTV loans will bear higher capital
even during economic upswings.
Perverse Incentives
One big risk in the risk-based capital rules is regulatory creation
of perverse incentives. These already exist in the credit rules,
which unless or until corrected encourage banks to
take more credit risk. Now, the Basel Committee is considering adding
a regulatory capital charge for operational risk. This proposal
could have serious and adverse consequences, and it should quickly
be dropped. Regulators should devote the resources now distracted
by the complex quantitative exercises necessary to develop the operational
risk-based capital rules to improving supervisory standards and
bank operational risk management and mitigation.
The proposed new capital charge for operational risk is based on
a simple percentage of gross income, despite the fact that operational
risk is not linear. Further, this approach means that the more banks
spend on operational risk mitigation back-up facilities,
disaster planning, insurance the higher their actual regulatory
capital burden. Thus, lower risk banks will pay higher effective
regulatory capital. September 11 demonstrated all too graphically
the vital importance of all forms of operational risk management
especially contingency risk planning and disaster recovery.
It further highlighted the value of insurance. Look at how few commercial
and investment banks experienced earnings volatility let
alone solvency or capital problems after the tragic World
Trade Center attacks, and the vital role of third-party insurance
becomes clear. Why regulators are considering an operational risk-based
capital rule that actively discourages risk mitigation is hard to
fathom, especially given the vital need to enhance financial system
risk management and mitigation in an era of new threats.
To be sure, the regulators are attempting to remedy some of these
problems through an "advanced measurement approach" to operational
risk-based capital. However, the sophisticated approach would have
a floor based on gross income, wholly reducing the benefits such
an approach could offer. Its hard to understand why all the
work is going into an operational risk capital charge when regulators
have long agreed to leave interest-rate risk in the supervisory
context without a specific capital charge. Interest-rate risk is
far more quantifiable than operational risk as the minute-to-minute
pricing of interest-rate swaps makes clear. Thus, even the advanced
approach is deeply flawed because of its assumption that operational
risk can now be quantified, and the entire effort should therefore
be dropped.
Converging on a Solution
One must conclude that the Basel effort to rewrite the risk-based
capital rules is a necessary one, given the numerous problems in
the 1988 Accord, but also one fraught with potential risks. Not
only are there serious risks that the new rules will exacerbate
the procyclical impact of the current standards, but the rules could
also create a range of new, perverse incentives that lead banks
to take more not less risk. To some degree, the systemic
implications of the Basel rules are mitigated at least in
the U.S. by the fact that banks subject to uneconomic regulatory
standards can opt out and structure themselves as non-bank financial
services firms. This is true even with respect to very traditional
banking businesses taking deposits, for example which
can be housed in savings associations or special-purpose banks not
necessarily subject to the Basel standards. Arguably, these charter
options make the U.S. financial system more efficient, given that
companies do have choices if regulation becomes excessive or uneconomic.
However, it also makes the system riskier.
Some defenders of the pending Basel rules acknowledge that the
capital charges may not correspond to economic risk, but defend
this by pointing to the government support afforded banks. However,
it is important to remember that large companies that elect not
to become banks also enjoy explicit and implicit federal support.
Securities firms, for example, have discount window access
and they dont pay for it through the cost of regulation borne
by banks that, admittedly, are first in line at the window during
market turmoil. However, investors know that the Fed will step in
for large broker/dealers as it did in 1987 and in 2001, protecting
the financial system as a whole not just banks. Further,
the Feds active role in rescuing Long-Term Capital Management
in 1998 led many investors to conclude that even big hedge funds
have an implicit Fed guarantee, as long as their balance sheet is
big enough. Banks do, of course, have FDIC insurance not provided
to holders of mutual funds or other retail investments, but capital
is only one of the rules intended to protect taxpayers from the
risk that the deposit insurance funds run dry. Further, insured
depositories have paid the premiums that fund the system, albeit
not necessarily under extreme situations in which taxpayer-funded
support must be lent.
To the degree that the Basel rules impose uneconomic costs on banks
and banks abandon their charters, overall systemic risk increases.
That this may happen only in the U.S. and not the EU is cold comfort,
especially to those of us here. Worthwhile efforts are underway
to design a regulatory structure for a rapidly-converging financial
services industry, with rules applied on a line-of-business, not
charter, basis. This is a very worthwhile effort, but until it develops
a meaningful capital and supervisory framework, bank regulators
need to take extra care that their initiatives conform to market
realities, imposing no more regulatory cost on banks than the economic
risk requires. To the degree that emerging risks operational
ones, for example concern regulators, they should turn first
to their own responsibilities and revise and improve supervisory
standards. It is worth remembering that several recent bank failures
in the U.S. were of banks that met or exceeded the regulatory capital
requirements, but they still failed at considerable cost
because of admitted supervisory glitches and accounting gaffes.
In proposing the new Basel rules, regulators have outlined a three
"pillar" approach to proper bank regulation, with capital standing
next to improved supervision and expanded disclosures. However,
virtually all of the effort to date has focused on the capital rules,
with the proposals creating potential macroeconomic and systemic
risks as outlined above. Because of the direct impact regulatory
capital rules have on a banks return-on-equity and, therefore,
profitability, the impact of improperly-drawn capital rules is far
more severe than that associated with potentially burdensome supervision
or confusing disclosures. Thus, the excessive focus on capital to
the exclusion of the other two pillars is a high-risk regulatory
strategy. Improved supervision must be a top regulatory priority,
with considerable care taken as the risk-based capital rules are
revised.
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