Revelations from the Launch of the Strictest Financial Reform Bill

Published in China Youth Daily
(China) on 26 July 2010
by Fenghui Yu (link to originallink to original)
Translated from by Rose Zu. Edited by Diana Baik.
United States President Obama signed the financial reform bill on July 21, passing it into law and indicating the end of two years' work on American financial reform legislation. Wall Street has officially opened the curtain to the prologue of a new financial era.

This bill is regarded as President Obama's most important bill since taking office, after the healthcare bill. The entire process — from the bill's proposal to its final official unveiling — lasted two years. During these two years, the bill was faced with many trials and obstacles, such as the question of its necessity, what should go into it and whether or not it would satisfy the interests of all parties, especially the personal interests of the major players on Wall Street. These big shots pooled enormous resources to send lobbying groups to petition on Capitol Hill, fighting measure for measure with the Obama administration. On July 15, the Senate, by passing the final version of the financial oversight reform bill, eliminated the final obstacle to the bill becoming law. In response, Obama exalted: The interest groups trying to prevent the financial reform bill had been defeated! At President Obama's signing ceremony on July 21, the CEOs of many banks rejected invitations to attend, revealing the degree of difficulty in passing the bill.

The new bill will rigorously oversee Wall Street banks entering the high-risk derivative market as well as restrict banks that throw themselves into hedge funds and other speculative transactions. Financial institutions that offer services affecting the average American, such as credit cards and mortgage loans, will also be strictly supervised to protect consumers' financial rights. Although there is still dispute, doubt and suspicion over the law's introduction, especially since the major heads of Wall Street have already shown that they are not letting the matter rest, there are preparations for passing on the costs of the reform to taxpayers, indicating the pressures being placed on the government. Some citizens are also skeptical of this and wonder if the law will continue to be carried out. Be that as it may, the passing of this bill gives other countries, including China, much enlightenment.

It is worth it, for many countries, to refer to the purpose and goal of the bill. President Obama 's speech at the signing ceremony concisely and directly sums up the purpose of the bill: This reform represents the most powerful protection of consumer finance in history. The financial reform bill makes sure that consumer rights are not infringed upon. The bill will work within the financial system to protect the people; not big banks, not lenders, nor investment agencies. After the financial crisis, the American government learned from the mistakes of the past, emphasizing measures to protect financial consumers; this is worthy of imitation by all countries in the world, including China.

The bill is an impressive 2323 pages, but there are several key points that are most worthy of attention. These include setting up a specialized agency, allocating specialized staff, having the authority to decide which financial institutions might unleash a systematic attack on the market and preventing financial institutions' risky actions from creating systematic risk by more aggressively restricting them in capital and liquidity. Other measures include creating a new consumer's financial protection department; implementing oversight of consumer financial products and service organizations, such as credit card providers, mortgage lenders and other lenders; realistically protecting consumer rights; bringing OTC derivatives, which lacked regulation, into the field of view of oversight; and limiting banks' self-operated transactions and high-risk derivatives transactions. The U.S. Federal Reserve will supervise corporations' senior management salaries to ensure that upper-level management pay structures will not cause an excessive pursuit of high risk. The Fed will provide general guidelines as opposed to formulating specific rules. If it is found that the salary system causes corporations to pursue too many high-risk transactions, the Fed will have the power to interfere and stop such activities. In comparison, the salaries of Chinese financial institutions' senior-level management not only face no restraint, but are being allowed to skyrocket unbridled. In the past, such salary increases were kept low-key and even secret. Today, they have become open and have been legalized. The implied risk is such that cannot be ignored.

Another revelation is that the United States, in the post-financial crisis period, is attempting to, through substantive laws, prevent a repeat of disastrous policy. One piece of legislation cannot possibly be all-inclusive or all-powerful. American financial institutions, in light of legal loopholes, have launched innovations in full swing; the U.S. government, in discovering that financial institutions were taking advantage of these loopholes, once again turned to legislation to carry out oversight. This model of innovation — oversight — re-innovation — re-oversight creates a situation where, at the same time that financial institutions innovate, they are met with ever-stricter oversight from the law.


美国总统奥巴马21日签署金融监管改革法案,使之成为法律,标志着历时近两年的美国金融监管改革立法完成,华尔街正式掀开新金融时代序幕。(新华网7月22日)

这项法案被誉为是奥巴马总统上任以来继医疗保健法案后又一个最为重要的法案,从动议到最终出台历时两年。在这两年中,针对金融监管改革法案是否有必要制定、怎样制定、如何满足各方利益特别是满足华尔街金融大鳄们的私利,经过了艰苦卓绝的斗争。华尔街大鳄们曾经花费重金组织游说团队到国会山游说,与奥巴马政府展开了针锋相对的争斗。7月15日,参议院通过了最终版本金融监管改革法案,为该法案最终成为法律清除了最后障碍。对此,奥巴马曾经激动地说,利益集团试图阻止金融法案出台的行为彻底失败了!就在21日奥巴马总统的签字仪式上,多家银行的首席执行官拒绝受邀出席,足以看出这部法案出台斗争之激烈和程度之艰难。

新法案将严格监管华尔街银行进入高风险的衍生品市场,限制银行投身对冲基金以及其他投机性交易的能力,对提供信用卡、住房抵押贷款等关系美国百姓民生的金融机构更加严格监管,保护消费者金融权益。虽然这部法律出台仍有争议、怀疑和质疑,特别是金融大鳄们已经表示不会就此罢休,有准备把改革成本转嫁到民众身上,以此再向政府施压的迹象。一些民众对此也持怀疑态度,担心能否执行下去存在变数。尽管如此,这部法案的出台仍然给世界各国包括中国以许多启发。

立法宗旨和目的值得许多国家借鉴。奥巴马总统在签字仪式上的讲话,言简意赅直言该法案的目的:这项改革代表着历史上最有力的消费者金融保护,金融监管法案就是了保护消费者利益不受侵犯。法案将在金融系统中保护人民,而不是大银行,不是贷款人,不是投资机构。金融危机后,美国政府痛定思痛强力保护金融消费者的做法,值得世界各国包括中国效仿。

这项长达2323页的法案,虽然洋洋几万言,但其几个要点最为关键。成立专门机构,配备专门人员,有权认定哪些金融机构可能对市场产生系统性冲击,从而在资本金和流动性方面对这些机构提出更加严格的监管要求,防止金融机构冒险行为导致系统性风险发生。设立新的消费者金融保护局,对提供信用卡、抵押贷款和其他贷款等消费者金融产品及服务的金融机构实施监管。切实保护消费者的利益,将之前缺乏监管的场外衍生品市场纳入监管视野,限制银行自营交易及高风险的衍生品交易。美联储将对企业高管薪酬进行监督,确保高管薪酬制度不会导致对风险的过度追求。美联储将提供纲领性指导而非制定具体规则,一旦发现薪酬制度导致企业过度追求高风险业务,美联储有权加以干预和阻止。相比之下,中国金融机构的高管高薪不但没有收敛,而且正在大肆扩张,由以前的暗自、偷偷摸摸变为公开合法化,其背后隐含的金融风险不得不防。

另一个启示是,美国在后金融危机时期,力图通过实质性立法防止重蹈覆辙。一项法律不可能包罗万象,不是万能的。美国金融机构针对法律漏洞展开创新,美国政府发现金融机构钻法律空子后,又通过立法进行监管,这种创新-监管-再创新-再监管的模式,使得金融机构在创新的同时,受到法律的严格监管。
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