Topic: Finance, Banking & Monetary Policy

Hobble Thy Competitors — In Renaissance Italy

The calendar of saints sets aside this day, May 20, as the feast of St. Bernardine of Siena, famous across Renaissance Italy for his impassioned sermons against what he saw as the luxury, vice and corruption of his times, especially usury (the lending of money at interest). While opposition to usury has faded in the West – we now recognize interest-charging as a foundation stone of capitalism and modern economics generally – Bernardine is still invoked on behalf of such causes as relief from respiratory ailments, help for compulsive gamblers, the welfare of the California city of San Bernardino, and, of interest here, the fields of advertising and public relations. The scope of public relations is often taken to include lobbying, and it’s as a forerunner of modern lobbyists that Bernardine appears in a tale, fanciful or otherwise, told a century ago

A comic incident throwing light upon Bernardine’s attitude toward usurers is reported in an old chronicle. While preaching at Milan, he was often visited by a merchant who urged our saint to inveigh so strenuously against usury as to render it obnoxious in the eyes of all. On making inquiries, however, the latter ascertained his visitor to be himself the greatest usurer of the place, whose action in this matter was prompted by a wish to lessen the number of his competitors by inspiring them with a wholesome horror of the trade.

Our own era, as we know, is one in which moralistic attacks on gambling have been secretly backed by nearby casino proprietors who don’t want the competition, in which “the estate-planning industry [has lobbied] hard against a [reduced federal] estate tax, which would kill its costly tax-avoidance schemes,” and in which various energy producers quietly assist environmental and NIMBY resistance to projects advancing competing sources of energy.  My colleague Chris Edwards has compiled many more examples. You have to wonder whether much has really changed since Bernardine’s time. 


Will Congress Allow Hawaii to Expand Racial Discrimination?

I’ve written before about the curious and recurring desire of some Hawaiians to treat other Hawaiians differently based on the quantum of “native Hawaiian” blood they have coursing through their veins. In 2005, the U.S. Commission on Civil Rights issued a scathing report saying that Hawaii was “in a league by itself” regarding racial discrimination by government entities. Yet again and again, advocates for race-based government and tax treatment seek to push their divisive policies into the most racially integrated state of the union.

The latest such development comes to us in the form of a seemingly technocratic Senate bill, S.1352, the “Native American Housing Assistance and Self-Determination Reauthorization Act,” which was introduced last July and has slowly been making its way through the relevant committees. One particular provision of this dry legislation, when cross-referenced to the underlying law that it reauthorizes, is relevant to the racial shenanigans in the Aloha State. As Hans von Spakovsky describes:

S.1352 has a seemingly innocuous provision, Section 503, which simply re-authorizes the Native Hawaiian Home-Ownership Act through 2018.  You have to dig into the existing federal law to find out that, under 25 U.S.C. §4223(d), Hawaii is exempt from the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 and the Fair Housing Act when it is distributing federal housing funds made available by the Secretary of Housing and Urban Development to “Native Hawaiians” or “a Native Hawaiian family.”

This exemption means the Department of Hawaiian Home Lands can discriminate in favor of “Native Hawaiians” and a “Native Hawaiian family” and against others such as whites, blacks, Hispanics and Asians. In other words, the federal government is authorizing Hawaii (and providing it with taxpayer funds) to engage in blatant discrimination by providing government benefits for some of its residents and denying federally funded benefits to others based solely on their ancestry and “blood quantum.”

Balcerowicz’s Polish Big Bang versus Ukraine

On May 21, 2014, Leszek Balcerowicz will receive the 2014 Milton Friedman Prize for Advancing Liberty during a dinner at the Waldorf-Astoria Hotel in New York. The prestigious annual award by the Cato Institute carries with it a well-deserved check for $250,000.

For those who might have forgotten the accomplishments of my long-time friend, allow me to suggest that, in Balcerowicz’s case, a picture is literally worth a thousand words.

But, before the picture, a little background.

In 1989, Balcerowicz became Poland’s Deputy Prime Minister and Finance Minister in Eastern Europe’s first non-communist government since World War II. Balcerowicz held these positions from 1989 through 1991, and again from 1997 through 2000. Subsequently, in 2001, he became the Chairman of the National Bank of Poland, a post he held until January 2007.

A student of the “Five P’s”: prior preparation prevents poor performance; Balcerowicz was ready when he first took office in 1989. Indeed, he pulled his comprehensive economic game plan to liberalize and transform the Polish economy out of his desk drawer and proceeded to implement what became known as the “Big Bang”. As they say, the rest is history.

The results of the “Big Bang” speak for themselves in the accompanying chart. Poland’s economy has more than doubled since the fall of the Soviet Union in 1992, growing at an average annual rate of 4.42%.

What about neighboring Ukraine? The contrast with Balcerowicz’s Poland couldn’t be starker. As Oleh Havrylyshyn, the former deputy finance minister of Ukraine, spells out in his classic book – Divergent Paths in Post-Communist Transformation: Capitalism for All or Capitalism for the Few – Ukraine rejected the Big Bang, free-market approach to reform. In consequence, it has taken a road to nowhere, remaining in the shadow of a corrupt communist system.

Unlike Poland’s prosperity, Ukraine has witnessed a post-Soviet contraction in its economy. Yes, the Ukrainian economy has been contracting at a real annual rate of almost 1% since the fall of the Soviet Union. Accordingly, it is smaller today in real terms than it was in 1992.

Many think the International Monetary Fund, which just ponied up $17 billion for Ukraine, will turn things around. Don’t hold your breath. Over the years, the IMF has dispensed its medicine and money in Ukraine with negative results.

When it comes to much-needed liberal economic reforms, one has to do something big; something that captures the public’s imagination and garners wide support. Unfortunately, Ukraine lacks a clear economic game plan – one with wide popular support.

Let Export-Import Bank and Corporate Welfare Die

Nothing brings out the well-tailored lobbyists in Washington quite like a threat to corporate welfare.  With the Export-Import Bank’s legal authorization set to run out this year, the Chamber of Commerce recently led a Big Business march on Capitol Hill to protect what is known as Boeing’s Bank. 

Over the last eight decades ExIm has provided over a half trillion dollars in credit, mostly to corporate titans.  Congress should close the Bank.

The agency was created in 1934 to underwrite trade with the Soviet Union.  Unfortunately, ExIm is not free, as claimed.  Recently made self-financing, the agency has returned $1.6 billion to the Treasury since 2008. 

However, economists Jason Delisle and Christopher Papagianis warned that the Bank’s “profits are almost surely an accounting illusion” because “the government’s official accounting rules effectively force budget analysts to understate the cost of loan programs like those managed by the Ex-Im Bank.”  In particular, the price of market risk is not included.  Delisle and Papagianis figured ExIm’s real price to exceed $200 million annually.   

Economist John H. Boyd took another approach, explaining:  “For an economic profit—that is, a real benefit to taxpayers—ExIm bank’s income must exceed its recorded expenses plus its owners’ opportunity cost, a payment to taxpayers for investing their funds in this agency rather than somewhere else.”  He figured the Bank’s real cost at between $521 million and $653 million in 1980.  The corresponding expense today likely is much higher.

The Bank claims to create jobs.  No doubt, ExIm financing makes some deals work.  But others die because ExIm diverts credit from firms without agency backing.

Economists Heywood Fleisig and Catharine Hill figured that channeling resources to exports reduces “domestic investment, consumption, or government expenditure.”  Thus, they explained, while export subsidies will increase employment in export firms, they will do so “at the expense of employment elsewhere.”

ExIm also sells itself as necessary to promote trade.  But exports should not an end in themselves irrespective of cost.  Anyway, the Bank supports only about two percent worth of exports, barely a blip in a $17 trillion economy. 

The Bank contends that it corrects market failures when U.S. exporters can’t get credit. However, international financial markets are sophisticated.

Moreover, it’s impossible to know just how many of the deals currently financed by American taxpayers wouldn’t go through absent the subsidy.  Everyone—borrower, banker, exporter, bureaucrat—has an incentive to claim ExIm played a vital role.

The agency says it supports all businesses, including small ones.  However, candidate Barack Obama was right in 2008 when he described the Bank as “little more than a fund for corporate welfare.” 

The most money always goes to Big Business.  Boeing alone typically accounts for more than 40 percent of the Bank’s credit activities.  Veronique De Rugy of the Mercatus Center figured that the top ten recipients collect 75 percent of ExIm’s benefits.

Finally, ExIm’s warns that if the U.S. government doesn’t provide cheap credit, American companies will lose out to foreign firms subsidized by their governments.  In this way the Bank claims “to help level the playing field.”

However, less than half of ExIm credit is even directed in this way, let alone proven necessary.  Moreover, as I point out in my new Forbes online column:  “The fact that other governments are willing to hurt their peoples by channeling credit away from worthier firms in the marketplace in favor of politically well-connected exporters is no reason for America to do the same.”

A better way to help promote trade would be to strengthen the economy generally.  Lower and rationalize business taxes.  Cut and streamline regulation.  Reduce tariffs, especially on widely used imports, such as steel.  Discourage frivolous litigation.  Stop subsidizing the defense of prosperous, populous trade competitors.

It’s time to kill the agency.  Let exporters pay to generate their own profits.

Reflections on High Frequency Trading

Here are a few thoughts on high frequency trading [HFT] – not a thorough analysis of the problems and solutions, but rather a brief outline to encourage further discussion.

What is HFT?

The modern version of HFT, as described by Malkiel and Leavitt in an April 11 Wall Street Journal op-ed, “involves the placement of high-speed computers in close proximity to stock-market servers to give some participants the ability to buy and sell stocks faster than the blink of an eye.”  The favored participant purchases early access to information from either a public exchange or a so-called dark pool, which is essentially a private exchange established by investment banks.  With privileged access, the HF trader can learn of a pending order before it is executed, and then earn a small profit by buying or selling ahead of the order.  For example, a sell order exists at $100.00; an HF trader learns of a pending buy order at $100.02, which allows the HF trader to earn $.02 by first buying at $100.00 then selling at $100.02.

What are the pluses and minuses of HFT?

Benefits of HFT can include market efficiency, increased liquidity, and lower transactions costs.  To illustrate: Assume orders have been placed to sell 5,000 shares of XYZ at $15.02 and 5,000 shares at $14.94.  Assume further, a pending buy order for a minimum of 10,000 shares at $15.00.  The HF trader, acting as market-maker, might buy 10,000 shares from the two sellers at an average price of $14.98 and re-sell the shares to the buyer for $15.00.  The result would be a narrowed bid-asked spread, reduced trading costs, increased volume, and enhanced liquidity.

On the other hand, as Malkiel and Leavitt point out, HFT is a form of insider trading known as front-running whereby “optimally positioned traders can see trade orders from other investors before they are executed.  They can execute a purchase just ahead of those orders and run the price up just a bit, pocketing the difference.”  In addition, HFT has been blamed for increased market volatility.

Revisiting Central Clearing for Derivatives

The Dodd-Frank requirement that over-the-counter derivatives be centrally cleared is one of the (slightly) less controversial provisions of the Act, at least in spirit if perhaps not always in substance. But for a time, a few observers have worried - myself included - that concentrating derivatives clearing activities in one or two single-purpose entities may increase, rather than reduce, the risk to the broader economy posed by the default of a counterparty.

As it turns out, we skeptics are not alone. In yesterday’s Wall Street Journal, the good folks at BlackRock are cited as having raised concerns in a recent study about the lack of clarity regarding where the risk ultimately falls in the event of default by a large counterparty. Banks and investors want the clearinghouses themselves to backstop some of this risk. The BlackRock study notes that “post-crisis rules have forced a large swath of risky trades… and this risk needs to be addressed.”

It is perhaps, therefore, a good time to hark back to Craig Pirrong’s Cato Policy Analysis from 2010, released on the day the Act was signed into law. In it, Mr. Pirrong argues that central clearing leads to better and more efficient risk pricing ONLY if the clearinghouse has perfect information. He notes the risk sharing that occurs through the clearinghouse mechanism encourages excessive risk taking, which creates moral hazard. Pirrong also highlights that “if the clearinghouse has imprecise information, the margin levels it chooses will sometimes overly constrain the trading of its members and sometimes constrain them too little…all of these factors mean that it is costly for the clearinghouse to control moral hazard.” As Pirrong notes, a clearing mandate reduces market efficiency and poses “its own systemic risks in a world where information is costly.”

One of the major criticisms of the previous or “bilateral” approach to derivatives clearing was that banks and investors could not adequately monitor their own risk exposure to counterparties (with some side complaints about banks mispricing risk etc.). However, as the BlackRock study notes, it is not clear that the central clearing approach addresses this concern, especially since the rules governing outcomes in the event of a major default have yet to be finalized. In particular, if a major counterparty defaults and the clearinghouse is not holding sufficient collateral to cover that counterparty’s trades, who loses out? Is it the members? The Federal Reserve? (Remember, one of the Board’s first actions under Dodd-Frank was to allow clearinghouses to borrow at the discount window in the same way that commercial banks do). Will the clearinghouse perhaps declare bankruptcy (and, if so, what impact will the failure of a major utility have on operational stability)?

More importantly, just when counterparties have realized these products must be treated with caution, the system is incentivizing the market participants with the best information (the members) to pool and therefore increase the riskiness of their activities. Derivatives are an important economic tool and vital to most companies’ (financial or otherwise) risk management. But we should not assume that the framework created by Dodd-Frank will eliminate risk in the derivatives trade, real or perceived.

FSOC’s Failing Grade?

All the recent hype over the legitimacy of high frequency trading has overshadowed another significant event in financial regulation: In a speech in Washington, D.C., yesterday Securities and Exchange Commissioner Luis Aguilar offered some fairly strong criticisms of recent actions by the Financial Stability Oversight Council (FSOC). The speech was significant because it is the first time that a Democratic commissioner has criticized the actions of one of the Dodd-Frank Act’s most controversial creations. (To date, only the Republican commissioners have criticized the FSOC, and we all know that Republicans don’t much like Dodd-Frank.) Indeed, Aguilar’s statements indicate just how fractured and fragmented the post-Dodd-Frank “systemic risk monitoring” system is.

At issue is the FSOC’s recent foray into the regulation of the mutual fund industry. Aguilar described the FSOC’s actions as “undercut(ting)” the SEC’s traditional authority and described a major report on asset management by the FSOC’s research arm, the Office of Financial Research, as “receiv(ing) near universal criticism.”

He went on to note that “the concerns voiced by commenters and lawmakers raise serious questions about whether the OFR’s report provides (an) adequate basis for the FSOC to designate asset managers as systemically important … and whether OFR is up to the tasks called for by its statutory mandate.”

For those of us who have been following this area for a while, the answer to the latter question is a resounding “no”. The FSOC claims legitimacy because the heads of all the major financial regulatory agencies are represented on its board. Yet it has been clear for a while that the FSOC staff has been mostly off on a frolic of its own.

Aguilar notes that the SEC staff has “no input or influence into” the FSOC or OFR processes and that the FSOC paid scant regard to the expertise or industry knowledge of the traditional regulators. Indeed, the preliminary actions of the FSOC in determining whether to “designate” mutual funds as “systemic” echoes the Council’s actions in the lead-up to its designation of several insurance firms as “Systematically Important Financial Institutions” that are subject to special regulation and government protection. It should be remembered that the only member of the FSOC board to vote against the designation of insurance powerhouse Prudential as a “systemic nonbank financial company” was Roy Woodall, who is also the only board member with any insurance industry experience. And in the case of mutual funds and asset managers, the quality of the information informing the FSOC’s decisions—in the form of the widely ridiculed OFR study—is even weaker. The process Aguilar describes, where regulatory agencies merely rubber stamp decisions made by the FSOC staff, is untenable (in part because the FSOC staff itself has no depth of experience, financial or otherwise).

Aguilar’s comments could be viewed as the beginning of the regulatory turf war that was an inevitable outcome of Dodd-Frank’s overbroad and contradictory mandates to competing regulators. But the numerous and well documented problems with the very concept of the FSOC means that it is time for Congress to pay some attention to Aguilar’s comments and rein in the FSOC’s excessive powers.