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Title[ Part 2: The First Pillar - Minimum Capital Requirements

Section[ 3. Collateral



(i) Eligible financial collateral


145.     The  following  collateral  instruments  are  eligible  for  recognition  in  the  simple approach:


(a)  Cash (as well as certificates of deposit or comparable instruments issued by the lending  bank)  on  deposit  with  the  bank  which  is  incurring  the  counterparty exposure. 42, 43

                                                                                                                                                                                                                        

(b)         Gold.

                                                                                                                                                                                                                        

(c)  Debt securities rated by a recognised external credit assessment institution where these are either:


w at least BB- when issued by sovereigns or PSEs that are treated as sovereigns by the national supervisor; or


w at least BBB- when issued by other entities (including banks and securities firms);

            or


w at least A-3/P-3 for short-term debt instruments.

                                                                                                                                                                                                                        

(d)  Debt securities not rated by a recognised external credit assessment institution where these are:


w issued by a bank; and


w listed on a recognised exchange; and


w classified as senior debt; and


w all rated issues of the same seniority by the issuing bank must be rated at least BBB- or A-3/P-3 by a recognised external credit assessment institution; and


w the bank holding the securities as collateral has no information to suggest that the issue justifies a rating below BBB- or A-3/P-3 (as applicable); and


w the supervisor is sufficiently confident about the market liquidity of the security.

                                                                                                                                                                                                                        

(e)  Equities (including convertible bonds) that are included in a main index.

                                                                                                                                                                                                                        

(f)   Undertakings for Collective Investments in Transferable Securities (UCITS) and mutual funds where:


w a price for the units is publicly quoted daily; and


w the UCITS/mutual fund is limited to investing  in the instruments listed in this paragraph. 44

                                                                                                                                                                                                                        

146. The following collateral instruments are eligible for recognition in the comprehensive approach:

                                                                                                                                                                                                                        

(a)  All of the instruments in paragraph 145;

                                                                                                                                                                                                                        

(b)  Equities (including convertible bonds) which are not included in a main index but which are listed on a recognised exchange;

                                                                                                                                                                                                                        

(c)  UCITS/mutual funds which include such equities.

                                                                                                                                                                                                                        


42   Cash funded credit linked notes issued by the bank against exposures in the banking  book  which fulfil the criteria for credit derivatives will be treated as cash collateralised transactions.


43   When cash on deposit, certificates of deposit or comparable instruments issued by the lending bank are held as collateral at a third-party bank in a non-custodial arrangement, if they are openly pledged/assigned to the lending bank and if the pledge/assignment is unconditional and irrevocable, the exposure amount covered by the collateral (after any necessary haircuts for currency risk) will receive the risk weight of the third-party bank.


44   However,  the  use  or  potential  use  by  a  UCITS/mutual  fund  of  derivative  instruments  solely  to  hedge investments listed in this paragraph and paragraph 146 shall not prevent units in that UCITS/mutual fund from being eligible financial collateral.



(ii) The comprehensive approach


Calculation of capital requirement


147.     For  a  collateralised  transaction,  the  exposure  amount  after  risk  mitigation  is calculated as follows:


E* = max {0, [E x (1 + He) – C x (1 – Hc – Hfx)]}


where:


E*         =   the exposure value after risk mitigation


E          =   current value of the exposure


He        =   haircut appropriate to the exposure


C          =   the current value of the collateral received


Hc        =   haircut appropriate to the collateral


Hfx      =   haircut  appropriate  for  currency  mismatch  between  the  collateral  and exposure


148.     The exposure amount after risk mitigation will be multiplied by the risk weight of the counterparty to obtain the risk-weighted asset amount for the collateralised transaction.


149.     The treatment for transactions where there is a mismatch between the maturity of the counterparty exposure and the collateral is given in paragraphs 202 to 205.


150.     Where  the  collateral  is  a  basket  of  assets,  the  haircut  on  the  basket  will  be

?????i     iH        a H  , where ai is the weight of the asset (as measured by units of currency) in the

i

basket and Hi the haircut applicable to that asset.



Standard supervisory haircuts


151.     These are the standard supervisory haircuts (assuming daily mark-to-market, daily remargining and a 10-business day holding period), expressed as percentages:



Issue  rating  for

debt securities             Residual Maturity                Sovereigns 45, 46                   Other issuers 47


AAA to AA-/A-1         ? 1 year                                 0.5                                   1

                                    >1 year, <= 5 years               2                                      4

                                    > 5 years                               4                                      8

                                                                                                                                                                                                                                

A+ to BBB-/                 ? 1 year                                 1                                      2

A-2/A-3/P-3 and         >1 year, ? 5 years                 3                                      6

unrated bank              > 5 years                               6                                      12

securities per para.

145(d)

                                                                                                                                                                                                                                

BB+ to BB-                   All                                         15

                                                                                                                                                                                                                                

Main  index  equities  (including  convertible       15

bonds) and Gold

                                                                                                                                                                                                                                

Other equities (including convertible bonds)        25

listed on a recognised exchange

                                                                                                                                                                                                                                

UCITS/Mutual funds                                              Highest haircut applicable to any security in

                                                                                 which the fund can invest

                                                                                                                                                                                                                                

Cash in the same currency 48                                  0

                                                                                                                                                                                                                                


152.     The standard supervisory haircut for currency risk where exposure and collateral are denominated in different currencies is 8% (also based on a 10-business day holding period and daily mark-to-market)



45   Includes PSEs which are treated as sovereigns by the national supervisor.


46   Multilateral development banks receiving a 0% risk weight will be treated as sovereigns.


47   Includes PSEs which are not treated as sovereigns by the national supervisor.


48   Eligible cash collateral specified in paragraph 145 (a).



153.     For  transactions  in  which  the  bank  lends  non-eligible  instruments  (e.g.  non- investment grade corporate debt securities), the haircut to be applied on the exposure should be the same as the one for equity traded on a recognised exchange that is not part of a main index.


Own estimates for haircuts


154.     Supervisors  may  permit  banks  to  calculate   haircuts  using  their  own  internal estimates of market price volatility and foreign exchange volatility. Permission to do so will be conditional  on the satisfaction of minimum qualitative and quantitative standards stated in paragraphs 156 to 165. When debt securities are rated BBB-/A-3 or higher, supervisors may allow banks to calculate a volatility estimate for each category of security. In determining relevant categories, institutions must take into account (a) the type of issuer of the security,

(b) its rating, (c) its residual maturity, and (d) its modified duration. Volatility estimates must be representative of the securities actually included in the category for that bank. For debt securities rated below BBB-/A-3 or for equities eligible as collateral (lightly shaded boxes in the above table), the haircuts must be calculated for each individual security.


155.     Banks must estimate the volatility of the collateral instrument or foreign exchange mismatch individually: estimated volatilities for each transaction must not take into account the   correlations   between   unsecured   exposure,   collateral   and   exchange   rates   (see paragraphs 202 to 205 for the approach to maturity mismatches).


Quantitative criteria


156.     In calculating the haircuts, a 99th percentile, one-tailed confidence interval is to be used.


157.     The minimum holding period will be dependent on the type of transaction and the frequency of remargining or marking to market. The minimum holding periods for different types of transactions are presented in paragraph 167. Banks may use haircut numbers calculated according to shorter holding periods, scaled up to the appropriate holding period by the square root of time formula.


158.     Banks must take into  account the illiquidity of lower-quality assets.  The holding period  should  be  adjusted  upwards  in  cases  where  such  a  holding  period  would  be inappropriate given the  liquidity of the collateral. They should also identify where historical data may understate potential volatility, e.g. a pegged currency. Such cases must be dealt with by subjecting the data to stress testing.


159.     The choice of historical observation period (sample period) for calculating haircuts shall be a minimum of one year. For banks that use a weighting scheme or other methods for the historical observation period, the “effective” observation period must be at least one year

(that is, the weighted average time lag of the individual observations cannot be less than

6 months).


160.     Banks  should  update  their  data  sets  no  less  frequently  than  once  every  three months and should also reassess them whenever market prices are subject to material changes. This implies  that haircuts must be computed at least every three months. The supervisor may also require a bank to calculate its haircuts using a shorter observation period if, in the supervisor's judgement, this is justified by a significant upsurge in price volatility.


161.     No particular type of model is prescribed. So long as each model used captures all the material risks run by the bank, banks will be free to use models based on, for example, historical simulations and Monte Carlo simulations.


Qualitative criteria


162.     The estimated volatility  data (and holding period) must be  used in the day-to-day risk management process of the bank.


163.     Banks  should  have  robust  processes  in  place  for  ensuring  compliance  with  a documented set of internal policies, controls and procedures concerning the operation of the risk measurement system.


164.     The risk measurement system should be used in conjunction with internal exposure limits.


165.     An  independent  review  of  the  risk  measurement  system  should  be  carried  out regularly  in  the  bank’s  own  internal  auditing  process.  A  review  of  the  overall  risk management process should take  place at regular intervals (ideally  not less than once  a year) and should specifically address, at a minimum:


w the integration of risk measures into daily risk management;


w the validation of any significant change in the risk measurement process;


w the accuracy and completeness of position data;


w the verification of the consistency, timeliness and reliability of data sources used to run internal models, including the independence of such data sources; and


w the accuracy and appropriateness of volatility assumptions.


Adjustment for different holding periods and non daily mark-to-market or remargining


166.     For some transactions, depending on the nature and frequency of the revaluation and remargining provisions, different holding  periods are appropriate. The framework for collateral haircuts distinguishes between repo-style transactions (i.e. repo/reverse repos and securities lending/borrowing), “other capital-market-driven transactions” (i.e. OTC derivatives transactions and margin lending) and secured lending. In capital-market-driven transactions and repo-style transactions, the documentation contains remargining clauses; in  secured lending transactions, it generally does not.


167.     The minimum holding period for various products is  summarised in the following table.


Transaction type                                 Minimum holding                  Condition

                                                            period

______________________________________________________________________________

Repo-style transaction                        five business days                   daily remargining

______________________________________________________________________________

Other capital market transactions     ten business days                    daily remargining

______________________________________________________________________________

Secured lending                                 twenty business days              daily revaluation

______________________________________________________________________________


168.     When the frequency of remargining or revaluation is longer than the minimum, the minimum haircut numbers will be scaled up depending on the actual number of  business days between remargining or revaluation using the square root of time formula below:


                                                                                                      H   H? M    R  M(   -1)N      T MT


where:


H         =  haircut


HM      =   haircut under the minimum holding period


TM      =   minimum holding period for the type of transaction


NR       =   actual number of business days between remargining for capital  market transactions or revaluation for secured transactions.


When a bank calculates the volatility on a TN  day holding period which is different from the specified minimum holding period TM, the HM  will be calculated using the square root of time formula:


                                                                                                                   TM M  ? NH     H TN


TN       =   holding period used by the bank for deriving HN


HN      =   haircut based on the holding period TN


169.     For example, for banks using the standard supervisory haircuts, the 10-business day haircuts provided in paragraph 151 will be the basis and this haircut will be scaled up or down depending on the type of transaction and the frequency of remargining or revaluation using the formula below:


                                                                                                                      H H 10 R 1MN T) 10


where:


H         =  haircut


H10     =   10-business day standard supervisory haircut for instrument


NR       =   actual number of business days between remargining for capital  market transactions or revaluation for secured transactions.


TM      =   minimum holding period for the type of transaction



Conditions for zero H


170.     For repo-style transactions where the following conditions are satisfied, and the counterparty is a core market participant, supervisors may choose not to apply the haircuts specified in the comprehensive approach and may instead apply a  haircut of zero. This carve-out will not be available for banks  using  the modelling approaches as described in paragraphs 178 to 181 (i).


(a)        Both the exposure and the collateral are cash or a sovereign security or  PSE

security qualifying for a 0% risk weight in the standardised approach; 49


(b)        Both the exposure and the collateral are denominated in the same currency;


(c)        Either the transaction is overnight  or both the exposure  and the collateral are marked-to-market daily and are subject to daily remargining;


(d)        Following a counterparty’s failure to remargin, the time that is required between the last mark-to-market before the failure to remargin and the liquidation 50 of the collateral is considered to be no more than four business days;


(e)        The transaction is settled across  a settlement system proven for that type of transaction;


(f)         The documentation covering the agreement is standard market documentation for repo-style transactions in the securities concerned;


(g)        The transaction is governed by documentation specifying that if the counterparty fails to satisfy an obligation to deliver cash or securities or to deliver  margin or otherwise defaults, then the transaction is immediately terminable; and


(h)        Upon any default event, regardless of whether the counterparty is insolvent or bankrupt, the bank has the unfettered, legally enforceable right to immediately seize and liquidate the collateral for its benefit.



49   Note that where a supervisor has designated domestic-currency claims on its sovereign or central bank to be eligible for a 0% risk weight in the standardised approach, such claims will satisfy this condition.


50   This does not require the bank to always liquidate the collateral but rather to have the capability to do so within the given time frame.


171.      Core  market participants may include, at the discretion of the national supervisor, the following entities:


(a)        Sovereigns, central banks and PSEs;


(b)        Banks and securities firms;


(c)        Other financial companies (including insurance companies) eligible for a 20% risk weight in the standardised approach;


(d)        Regulated mutual funds that are subject to capital or leverage requirements;


(e)        Regulated pension funds; and


(f)          Recognised clearing organisations.




172.     Where  a  supervisor  applies  a  specific  carve-out  to  repo-style  transactions  in securities issued by its domestic government, then other supervisors may choose to allow banks incorporated in their jurisdiction to adopt the same approach to the same transactions.


Treatment of repo-style transactions covered under master netting agreements


173.     The effects of bilateral netting agreements covering repo-style transactions will be recognised on a counterparty-by-counterparty basis if the agreements are legally enforceable in each relevant jurisdiction upon the occurrence of an event of default and regardless of whether the counterparty is insolvent or bankrupt. In addition, netting agreements must:


(a)        provide the  non-defaulting party the right to terminate and close-out in a timely manner all transactions under the agreement upon an event of default, including in the event of insolvency or bankruptcy of the counterparty;


(b)        provide for the netting of gains and losses on transactions (including the value of any collateral) terminated and closed out under it so that a single net amount is owed by one party to the other;


(c)        allow for the prompt liquidation or setoff of collateral upon the event of default; and


(d)        be, together with the rights arising from the provisions required in (a) to (c) above, legally enforceable in each relevant jurisdiction upon the occurrence of an event of default and regardless of the counterparty's insolvency or bankruptcy.



174.     Netting across positions in the banking and trading book will only be recognised when the netted transactions fulfil the following conditions:


(a)        All transactions are marked to market daily; 51 and


(b)        The collateral instruments used in the transactions are recognised  as eligible financial collateral in the banking book.




175.     The formula in paragraph 147 will be adapted to calculate the capital requirements for transactions with netting agreements.


176.     For banks  using the standard supervisory haircuts or own-estimate haircuts, the framework below will apply to take into account the impact of master netting agreements.


E* = max {0, [(?(E) – ?(C)) + ? (Es x Hs) +? (Efx x Hfx)]} 52


where:


E*         =   the exposure value after risk mitigation


E          =   current value of the exposure


C          =   the value of the collateral received


Es         =   absolute value of the net position in a given security


Hs        =   haircut appropriate to Es


Efx       =   absolute value of the net position in a currency different from the settlement currency


Hfx      =   haircut appropriate for currency mismatch


51   The holding period for the  haircuts  will  depend as  in other repo-style transactions  on the frequency of margining.


52   The starting point for this formula is the formula in  paragraph  147  which can  also  be presented  as the following: E* = max {0, [(E – C) + (E x He) + (C x Hc) + (C x Hfx)]}.


177.     The intention here is to obtain a net exposure amount after netting of the exposures and collateral and have an add-on amount reflecting possible price changes for the securities involved in  the transactions and for foreign exchange risk if any. The net long or short position  of  each  security  included  in  the  netting  agreement  will  be  multiplied  by  the appropriate haircut. All other rules regarding the calculation of haircuts stated in paragraphs

147 to 172 equivalently apply for  banks using bilateral netting agreements for repo-style transactions.



Use of models


178.     As an alternative to the use of standard or own-estimate haircuts, banks may be permitted to use a VaR models approach to reflect the price volatility of the exposure and collateral for repo-style transactions, taking into account correlation effects between security positions. This approach would apply to repo-style transactions covered by bilateral netting agreements  on  a  counterparty-by-counterparty  basis.  At  the  discretion  of  the  national supervisor,  firms  are  also  eligible  to  use  the  VaR  model  approach  for  margin  lending transactions, if the transactions are covered under a bilateral master netting agreement that meets the requirements of paragraphs 173 and 174. The VaR models approach is available to banks that have received supervisory recognition for an internal market risk model under the Market Risk Amendment. Banks which have not received supervisory recognition for use of  models   under  the  Market  Risk  Amendment  can  separately  apply  for  supervisory recognition  to use their internal VaR models for calculation of potential price volatility for repo-style transactions.  Internal models will only be accepted when a bank can prove the quality of its model to the supervisor through the backtesting of its output using one year of historical data. Banks must meet the model validation requirement of paragraph 43 of Annex

4 to use VaR for repo-style and other SFTs. In addition, other transactions similar to repo- style  transactions  (like  prime  brokerage)  and  that  meet  the  requirements  for  repo-style transactions, are also eligible to  use the VaR models approach provided the model used meets the operational requirements set forth in Section I.F of Annex 4.


179.     The quantitative and qualitative criteria for recognition of internal market risk models for repo-style transactions and other similar transactions are in principle the same as under the Market Risk Amendment. With regard to the holding  period, the  minimum will be 5- business days for repo-style transactions, rather than the 10-business days under the Market Risk Amendment. For other transactions eligible for the  VaR models approach, the 10- business day holding period will be retained. The minimum holding period should be adjusted upwards for market instruments where such a holding period would be inappropriate given the liquidity of the instrument concerned.


180.      (Deleted)


181.     The calculation of the exposure E* for banks using their internal model will be the following:


E* = max {0, [(?E – ?C) + VaR output from internal model]}


In calculating capital requirements banks will use the previous business day’s VaR number.


181 (i).   Subject to supervisory approval, instead of using the VaR approach, banks may also calculate an expected positive exposure for repo-style and other similar SFTs, in accordance with the Internal Model Method set out in Annex 4 of this Framework.



(iii) The simple approach


Minimum conditions


182.     For  collateral  to  be  recognised  in  the  simple  approach,  the  collateral  must  be pledged for at least the life of the exposure and it must be marked to market and revalued with a  minimum frequency of six  months. Those portions of claims collateralised by the market value of recognised collateral receive the risk weight applicable to the  collateral instrument. The risk weight on the collateralised portion will be subject to a floor of 20% except under the conditions specified in paragraphs 183 to 185. The remainder of the claim should be assigned to the risk weight appropriate to the counterparty. A capital requirement will be applied to banks on either side of the collateralised transaction: for example, both repos and reverse repos will be subject to capital requirements.



Exceptions to the risk weight floor


183.     Transactions which fulfil the criteria outlined in paragraph 170 and are with a core market participant, as defined in 171, receive a risk weight of 0%. If the counterparty to the transactions is not a core market participant the transaction should receive a risk weight of

10%.


184.     OTC derivative transactions subject to daily mark-to-market, collateralised by cash and where there is no currency mismatch should receive a 0% risk weight. Such transactions collateralised  by  sovereign  or  PSE  securities  qualifying  for  a  0%  risk  weight  in  the standardised approach can receive a 10% risk weight.


185.     The 20% floor for the risk weight on a collateralised transaction will not be applied and a 0% risk weight can be applied where the exposure and the collateral are denominated in the same currency, and either:


w the collateral is cash on deposit as defined in paragraph 145 (a); or


w the collateral is in the form of sovereign/PSE securities eligible for a 0% risk weight, and its market value has been discounted by 20%.


(iv) Collateralised OTC derivatives transactions


186.     Under the Current Exposure Method, the calculation of the counterparty credit risk charge for an individual contract will be as follows:


counterparty charge = [(RC + add-on) – CA] x r x 8%


where:


RC       =   the replacement cost,


add-on   =   the  amount  for  potential  future  exposure  calculated  under  the  1988

Accord,


CA       =   the  volatility  adjusted  collateral   amount  under  the  comprehensive approach prescribed in  paragraphs 147 to 172, or zero if no eligible collateral is applied to the transaction, and


r           =   the risk weight of the counterparty.


187.     When  effective  bilateral  netting  contracts  are  in  place,  RC   will  be  the  net replacement cost and the add-on will be ANet as calculated under the 1988 Accord. The haircut for currency risk (Hfx) should be applied when there is a mismatch between the collateral currency and the settlement currency. Even in the case where there are more than two currencies involved in the exposure, collateral and settlement currency, a single haircut assuming a 10-business day holding period scaled up as necessary depending on the frequency of mark-to-market will be applied.


187 (i).   As  an  alternative  to  the  Current  Exposure  Method  for  the  calculation  of  the counterparty credit risk charge, banks may also use the Standardised Method and, subject to supervisory approval, the Internal Model Method as set out in Annex 4 of this Framework.




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