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CRS INSIGHT


Designation of Global 'Too Big To Fail' Firms

October 29, 2015 (IN10388)




Related Authors


     *Rena S Mill-er





Rena S. Miller, Specialist in Financial Economics (rmiler l , 7-0826)
James K. Jackson, Specialist in International Trade and Finance (jzckson crs l , 7-775 1)

Hearings in both the U us and the 5,nat have examined the role and processes for U.S. financial regulators and the
international standard-setting body-the Financial Stability Board (FSB)-for designating large financial institutions as
systemically important (or too big to fail). Members of Congress and ya ri  witne  have raised concerns that the
process of FSB designation for global firms, including U.S. firms, is opaque, and that it has potentially costly
implications for large U.S. financial firms without affording them U.S. legal means of redress or U.S. due process.
This CRS Insight provides background on the FSB's designation process for systemically significant financial
institutions, but takes no position on any potential benefits or shortcomings of that process.

Background

The FB was established by G-20 nations in April 2009 to help strengthen the global financial system following the
2008 financial crisis. Its members comprise financial regulatory agencies of G-20 nations. The United States is
represented at the FSB by the Department of the Treasury, the Federal Reserve Board, and the Securities and Exchange
Commission. The FSB's f  in include assessing vulnerabilities to the global financial system; coordinating with
financial authorities of member nations; and recommending measures to protect and strengthen the global financial
system. The FSB's recommendations and decisions are not legally binding on any of its member nations. Rather, the
FSB 
standards that its members commi t implementina at national level.

As part of its monitoring of global financial stability, the FSB designates a number of financial institutions as globally
systemically important. Although the FSB has its own legal identity, its Secretariat is housed within the Bank for
International Settlements (BIS), and it also relies on the Basel Committee on Banking Supervision (BCBS) to help
create methodologies for assessing certain risks for banks, on the Intern iana A  i ion f In r an  rir
(JAIS) for insurers, and on the Internatioal  rganization of Securities Commissin  for non-bank non-
insurers. An FSB designation is meant to indicate that the failure of an individual institution could have a negative
impact on the global financial system. Initially, the designation focused on global s stemically impo ant banks (G-
SIBs), but it now includes global systemically important insurers (G-SIs), and non-bank non-insurer global
svstemically importan financial institutios (NBNI G-SIFIs), such as large asset managers, broker-dealers and hedge
funds. Designated institutions are expected to meet higher qualitative and quantitative regulatory and capital standards

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