Early
in May this year, India's central bank, the Reserve Bank of India, issued
an unusual set of guidelines for foreign banks operating in the country.
The notification stated: ''It has been decided that for all foreign
banks operating in India, the CEO (chief executive officer) will be
responsible for effective oversight of regulatory and statutory compliance
as also the audit process and the compliance thereof in respect of all
operations in India.''
For those accustomed to normal principles of corporate governance, this
official notification must come as a surprise. Who other than the CEO
of a company would be finally responsible for compliance? The RBI, however,
had a reason to state the obvious, based on allegations of fraud in
branches of banks such as Citibank and Standard Chartered Bank. ''It
is observed,'' it noted, ''that Indian operators of foreign banks functioning
in India as branches of the parent banks generally do not have a separate
audit committee vested with the responsibility of examining and reviewing
inspection/audit reports for their compliance.'' As a result in its
view, ''In the recent past there have been concerns about the adequacy
of regulatory compliance by foreign banks in India and it is felt that
this is on account of business heads and units reporting directly to
their ‘functional heads' located overseas and not to the CEO of Indian
operations.''
To deal with this, the RBI is also contemplating institutional requirements
that would improve regulatory oversight. As opposed to allowing foreign
banks to function through ''branches'' of units registered abroad, it
is expected to soon require foreign banks to operate in India through
wholly owned subsidiaries registered in the country. This would make
the bank's Indian operation an Indian entity and facilitate regulation.
The problem is not restricted to India. Indonesia has experienced a
recent instance of fraud in which a relationship manger allegedly spirited
$2 million from the accounts of customers. In response, the Indonesian
central bank has banned Citibank from canvassing new premium customers
for a year.
These instances point to a much deeper problem that emerging markets
face when dealing with foreign banks, whose presence in their economies
is increasing. During what is considered the ''second wave'' of global
financial integration since the 1960s (with the first dated between
1890 and 1930), the relationship between international banks and developing
countries took two forms. The first was the acquisition of international
claims by the banking system in emerging markets, involving cross-border
flows of capital to both public and private sector targets. The second
was an expansion of the host country presence of international banks
in emerging markets, increasing deposit mobilisation and lending by
local subsidiaries in local currencies.
However, as the Committee on the Global financial System (CGFS) noted
in a 2010 report, the history of international banking even in the period
after the 1960s has seen some kind of a sructural shift. During the
first two and a half decades starting in the 1960s, international banking
transactions were largely between the developed countries. In the period
from the mid-1980s to the present, however, there has been an increasing
emphasis on the creation of branches and subsidiaries in developing
countries, with focus on the retail business.
There are a number of noteworthy features of this recent period. The
first was an initial increase and subsequent acceleration of international
bank lending in developing countries. Taking the cross-border claims
and local claims of foreign banks in both foreign and local currencies
together, the ratio of international bank lending to developing countries
rose gradually at around 4 per cent per annum between the 1980s and
the early 2000s, and then accelerated to touch almost double its 2002
value by the time of the financial crisis of 2008. Second, while there
was a close relation between the ratio of international trade to GDP
and the international claims of banks relative to GDP till the end of
the last century, subsequently there has been a sharp divergence with
bank claims racing ahead of trade. If trade had led or, at least, significantly
influenced financial flows earlier, that seems to be much less true
more recently. Finally, there is other evidence that the activity of
financial capital had acquired a degree of independence with a weakening
of its reationship with trends in the real economy. Principal among
these was the emergence and growth of securities and derivatives markets,
leading to a substantial lengthening of intermediation chains and the
emergence of new institutions and instruments. Overall, even though
the exposure of international banks in developing countries is only
a fifth of that in the developed, that exposure has in recent years
reportely traversed from a relative flat trajectory to a steeply rising
one.
Associated with this growing exposure of foreign banks in developing
countries has been a significant increase in their physical presence.
According to an earlier (2004) study by the CGFS, there has been a surge
in foreign direct investment in the financial sectors of developing
countries. The study, by examining cross-border M&As targeting banks
in emerging market economies (EMEs), found that cross-border deals involving
financial institutions from EMEs as targets, which accounted for 18
per cent of such M&A deals worldwide during 1990-96, rose to 30
per cent during 1997-2000. The value of financial sector FDI rose from
about $6 billion during 1990-96 to $50 billion during the next four
years. Such FDI peaked at $20 billion in 2001, declined sharply in 2002,
but stabilized in 2003. The net result is a clear shift in the ownership
of the financial sector. More recent evidence indicates that this figure
has risen sharply since.
It is indeed true that the M&A drive, involving the acquisition
of banks in emerging markets by financial firms from the developed countries
has been concentrated in two regions: Eastern Europe and Latin America,
with some countries such as Slovak Republic1
and Mexico being the focus. However, there is evidence that even Asia,
where thus far the absolute share in banking assets of foreign firms
is low, has been experiencing an increase in foreign presence especially
after the 1997 crisis.
With respect to Asia, the CGFS found that: ''The proportion of cross-border
M&As in East Asia's financial sector initially was small compared
with other regions. The value of cross-border M&As targeting non-Japan
Asian countries was $14 billion or 17 per cent of the total during 1990-2003.
Asia, however, has been one of the fastest growing target regions for
M&A, with a sizeable jump in cross-border M&A activity occurring
in Korea and Thailand. In addition, there has been a large number of
small-value cross-border M&A transactions in the finance sector
between East Asian economies. In 2003, Asia received the largest share
of FSFDI inflows.''
Among the many reasons cited as explaining the desire of banks to establish
a physical presence in emerging markets to expand their business, three
are of particular relevance. These are: (i) a combination of increased
competition and saturating business opportunities at home; (ii) increased
access to enhanced liquidity at low interest rates as a result of monetary
easing; and (iii) greater liberalisation, better profit conditions and
improved security in EMEs. These are important because they point to
the role of supply side decisions in driving foreign bank expansion
and presence in emerging markets.
As a result of these processes, an IMF study found, between 1995 and
2005, the share of foreign banks in total bank assets rose from 25 to
58 per cent in Eastern Europe and from 18 to 38 per cent in Latin America,
though even by that date the increase in East Asia and Oceania was much
less (from 5 to 6 per cent) (Chart 1). However, as noted above, it is
likely that the trend would have been visible in Asia as well more recently.
Not
surprisingly, with this increase in presence, the share of foreign banks
in lending to non-bank residents has been rising. From the mid-1990s
(and by 2009) the share of foreign banks in credit to non-bank residents
rose from 30 to 50 per cent in Latin America, to nearly 90 per cent
in emerging Europe, but is still at about 20 per cent in emerging Asia.
A second feature of the recent focus on emerging markets is that the
international banks involved are predominantly European. Around three
fourths of foreign claims in developing countries is on account of European
Banks (Chart 2). Part of the reason is that mid-sized European banks
faced with increased competition at home are now seeking out developing
countries to expand business and sustain profitability.
A third feature is that in their lending banks are no more targeting
either governments or international corporations investing in developing
countries. Rather their focus is increasingly on retail lending, in
the form of housing-related and other personal lending. As a result,
the share of non-bank private sector borrowers in the portfolio of foreign
banks has grown from about 25 per cent to more than 60 per cent of claims
over the 1985-2009 period. Public sector borrowers now account for only
15 per cent of total international claims on developing countries, ac
compared with more than 40 per cent two decades ago.
Finally, the increased presence of these foreign banks has been accompanied
by a substantial increase in their activity in wholesale markets, including
securities and derivatives markets.
Thus,
financial integration results in a supply-side push of international
banks into developing countries in two senses. It involves, as in the
past, an increase in capital flows into developing countries, which
is determined by liquidity and structural conditions in the developed
countries. It also involves the creation of branches and subsidiaries
of foreign firms in developing countries, to expand business beyond
what can be undertaken only with capital from the home country. One
implication of these developments is that the presence of these institutions
imports into the ''emerging markets'' the practices and instruments
associated with the process of financial innovation in developed countries
since the mid-1980s. Local institutions too begin to adopt these practices
and stay with them even when events such as the recent financial crisis
suggest that they render the system fragile and crisis-prone. This obviously
means that the regulation in developing countries must either be geared
to limiting foreign presence in their banking sectors or dealing with
new institutions, instruments and practices. The recent moves of the
Indian government indicate that while it has chosen to relax restraints
to foreign entry, it is yet to devise an adequate regulatory frame to
deal with the resulting brave new world.
1
Between
1995 and 2002, the Slovak Republic witnessed an increase in the share
of assets held by foreign banks from 9 to almost 82 percent. In Mexico,
the share of assets held by foreign banks increased from 2.31 percent
in 1995 to 61.9 per cent in 2002 (Cull and Peria 2007).
*
This article was originally published in The Business Line, 31st May
2011.