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Intro to the Basel Committee
   

Kent Kluver , Senior Attorney - Bankers Systems Inc.
February 2004

Outline
Background
Developments
Basel II
Post Basel II
Know-Your-Customer
Anti-Money Laundering
More Information

If you read banking or financial news, you’ve probably seen references to the “Basel Committee” (sometimes spelled “Basle”). You may not know what the Basel Committee is, unless you work for an international bank. What follows is a brief introduction to the Committee and its work.

Background

The Basel Committee on Banking Supervision (BC or the Committee) is made up of representatives from Belgium, Canada, France, Germany, Italy, Japan, Luxembourg, the Netherlands, Spain, Sweden, Switzerland, United Kingdom, and the United States. The BC was established in 1974 to promote the supervision of internationally active banks.

In 1988, the Committee published the document for which it is best known. The document was titled “International Convergence of Capital Measurement and Capital Standards,” but became commonly known as the Basel Capital Accord (BCA). The 1988 BCA represented the agreement of its members on issues such as how capital is calculated, how the risks against which capital is held are evaluated, what the ratio of capital to risk should be, and a timetable during which international banks could progress toward meeting that ratio. The standards were designed to promote the stability of international banks and encourage competitive equality among them with respect to the capital obligations they must meet.

The BCA is merely an agreement of the BC’s members. It does not have the force of law. The Committee expected that the various member nations—and even some nonmember nations—would implement the standards through legislation or regulation, and many have.

Developments

Since 1988, the BC has issued a number of amendments to and interpretations of the BCA. For example, in November of 1991, the BC issued an amendment clarifying that loan-loss reserves counted as capital only if they were not held against identified problem assets. In April of 1993, the Committee issued an analysis of interest rate risk. In July of 1994, the BC issued an amendment dealing with the credit risk of off-balance sheet items, and an amendment relating to which countries would be used to create certain types of risk weighting. In April of 1995, the BC issued another amendment dealing with off-balance sheet items. And in January of 1996, the Committee issued an amendment to take market risks into account in capital requirements.

Basel II

In January of 2001, the BC issued a proposal to fundamentally change the BCA. Known as the “New Basel Capital Accord,” or “Basel II,” the proposal has been the topic of discussion up to the present.

First, Basel II would introduce flexibility by allowing a bank to select from various options a capital structure that matches the complexity of the bank’s operations. Second, Basel II includes new procedures under which supervisory agencies would review a bank’s internal processes for the purpose of insuring that capital and risks are properly evaluated and structured. And third, the new Accord would require disclosure of capital and risk status for the benefit of market participants.

Post Basel II

Since introducing Basel II, the BC has been accepting comments and issuing statements about the proposal. The latest word is that the Committee intends to complete work on the amendments by mid-year 2004. Proposed implementation would take until the end of 2006 for member countries.

Know-Your-Customer

Over the years, the BC has also concerned itself with issues in addition to capital requirements. Among these is “Know Your Customer” (KYC). In October of 2001, the Committee issued “Customer Due Diligence for Banks,” which outlined the approach the Committee recommended nations take in encouraging banks to know their customers. In October of 2003, the BC issued “Consolidated KYC Risk Management,” which emphasized the importance of KYC programs being coordinated at a high enough level in an organization to ensure that the program will be consistently implemented throughout all the organization’s branches and institutions in all countries.

Anti-Money Laundering

Another issue with which the Committee has been concerned is anti-money laundering. In June of 2003, the Committee participated in a joint issuance, along with international associations of insurance supervisors and securities commissioners. The joint issuance was a statement of what each of the three sectors—banking, insurance, and securities—has done and should do in the future to deter money laundering and combat the financing of terrorism.

More Information

For more detailed information, as well as the actual Committee documents, press releases, interpretations, etc., go to the web site for the “Bank for International Settlements,” www.bis.org and click on “Basel Committee.”

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