1. HOC: Brexit and financial services
HoC has updated its Library briefing paper which considers equivalence and the potential impact of no-deal Brexit on the sector. The paper highlights that if the Financial Services (Implementation of Legislation) Bill 2017-2019, ‘is not passed during the current parliamentary session, it will fall, meaning that maintaining alignment with the EU after Brexit will require new primary legislation.’ The report explains that relying on equivalence as a means of access to the EU market is not a stress free solution. ‘Indeed, the EU recently withdrew equivalence from Switzerland, citing… comparisons with Brexit.’ It highlights that ‘ As a third country, UK-based financial services would lose their automatic access to the EU and vice versa.’ The effect on financial services would be significant.
2. HMT: Information for Financial Institutions if there’s no Brexit deal
HMT has updated this guidance. Firms are advised to consider whether they 'transfer personal data from the EU to the UK.,’ and ‘should take steps to mitigate impact by implementing alternative transfer mechanisms.’ Moreover, firms are reminded that they are ‘required to communicate any changes arising as a result of Brexit to their customers in a clear and timely manner.’
3. HOC: UK-EU relations after Brexit: an Association Agreement?
This HoC Library briefing paper considers the potential for the creation of an "association agreement", noting that it is not clear whether the UK Government would find this acceptable. It also looks at the scope and contents of some existing association agreements.
4. ECB: Brexit – Stepping up preparations
ECB has highlighted that it expects banks to speed up the implementation of their plans to minimise execution risk and address operational challenges.
The ECB notice states that: ‘So far, banks have transferred significantly fewer activities, critical functions and staff to euro area entities than originally foreseen as part of their plans for Brexit Day 1. The ECB now expects banks to speed up the implementation of their plans. Where contingency plans for a no-deal scenario are not yet fully implemented, banks should step up their preparations to minimise execution risk. They should also address operational challenges associated with transferring staff and clients and setting up the necessary internal processes and systems. Looking ahead, the ECB sees a risk that, as a result of the delays observed, banks will not be able to fully implement their target operating models within the timelines agreed with their supervisors. The ECB expects banks to follow up on agreed commitments, in particular regarding the build-up of local risk management capabilities and governance structures. If plans are only partially implemented, this could have a negative impact on banks’ profitability.
As discussed in a Notice published by the European Commission on 8 February 2018, in the event of a no-deal Brexit Union law would cease to apply to the United Kingdom, which would become a third country. In such a scenario, several of the provisions of the Capital Requirements Regulation and Capital Requirements Directive could apply in a different manner (or not at all), as far as the United Kingdom – or UK-linked exposures or assets – are concerned. Accordingly, the ECB expects banks to be prepared for differences in the application of the prudential provisions after the end of October 2019.
With respect to the continuity of uncleared cross-border derivatives contracts, the private sector has made some progress in addressing the risks associated with the existing stock of contracts. In addition, the contingency measures adopted at the national level in many EU27 Member States and the United Kingdom itself will mitigate cliff-edge and short-term risks for a large share of potentially affected contracts. However, these measures are of a temporary nature and do not replicate passporting rights within the Single Market. As a result, the ECB is encouraging market participants, where necessary, to implement effective mitigating actions, including novations, as soon as possible in order to avoid further delays and continue to reap the benefits of the single market. Banks will also be aware of the European Banking Authority’s communication of December 2018, which called for them to continue engaging with their customers on Brexit-related matters and provide them with adequate information on the risks of a no-deal scenario and on the mitigating measures being taken.
Regarding access to third country financial market infrastructures (FMIs), banks in the euro area are expected to have sufficient onshore capacity (i.e. excluding group entities or branches in third countries) to originate business and access key FMIs on a continuous basis. They should also consider which alternative FMIs would be available if their access to existing FMIs were impeded or the finality of their instruments/settlements could no longer be guaranteed.
As part of the assessment of banks’ Brexit plans, the ECB has identified areas where banks currently fall short of supervisory expectations. Some banks in the euro area still need to continue adjusting their business and booking models in line with their commitments. This includes significantly adjusting the practice of back-branching, i.e. servicing EU clients from branches in the United Kingdom after Brexit, even when there is no local business need for them to do so. In addition, certain banks have yet to align their remote booking practices and back‑to‑back hedging strategies with supervisory expectations. Amendments should be accurately reflected in banks’ booking model policies, which the ECB will continue to monitor closely.’
Other publications from the RegZone Brexit news feed
HoC: Brexit reading list: no deal
This HoC Library briefing provides links to a selection of 2019 publications by private sector organisations, think tanks, research institutes and other academic institutions on a no-deal Brexit.
HoC: Brexit timeline: events leading to the UK’s exit from the EU
An updated HoC library briefing, which provides a timeline of the major events leading up to the referendum and subsequent dates of note, including a future timetable.
HoC International Trade Committee: EU free trade agreements
The Committee has published correspondence to the Secretary of State for International Trade to urgently address gaps in the information provided to Parliament regarding the ‘roll-over’ of EU free trade agreements after Brexit.
EBA: DGS Opinion
EBA has published an Opinion on the implementation of the Deposit Guarantee Schemes Directive. It proposes changes in relation to the current provisions on transfers of DGS contributions between DGSs, DGSs' cooperation with various stakeholders, the current list of exclusions from eligibility, current provisions on eligibility, depositor information, the approach to third country branches' DGS membership, the implications of the recent review of the ESAs, and cross-references to other EU regulations and EU directives. EBA notes that two other Opinions are forthcoming later in 2019.
CMS RegZone publishes weekly updates (available via email, on-line and via Twitter) on Brexit developments for financial services firms. These provide analysis and commentary on significant developments during the week in question. A daily digest of Brexit news (without analysis or commentary) is also available by email here and online via the RZ news wizard here (both of these can be filtered using the Brexit topic). Links to publications are contained in each update; publications released before the updates commenced in April 2018 can be found in a bibliography here. CMS RegZone publication ‘Where we stand’ provides an overview of the current position in a single report; this is updated regularly to take account of the key developments from the weekly updates.