The Fed’s approach to fixing tri-party
repo is to work with Wall Street firms toward a solution. In September
2009, the New York Fed formed a task force of JP Morgan, Bank of New York, and giant repo borrowers and lenders to study ways to reduce the potential for systemic risk in tri-party repo. (See below for a list of the task force members.).
This meant reform efforts would be
developed in private by the same people who created the crisis in the
first place. Tri-party did not become part of congressional
deliberations or the July 21, 2010, Dodd-Frank Act, which essentially ignored tri-party reform except to put the Fed in charge.
After many meetings, the Fed’s task force released its final report February 15,
saying it has made important progress but reforms will take longer than
it expected, some will not be completed until perhaps 2016, and even
then they won’t fix all of the Fed’s concerns.
The New York Fed said in a statement the same day
that it will oversee the implementation of the reforms going forward
and the Federal Reserve will work with Wall Street firms to try to find
other ways to fix the still-unresolved dangers. Developments will be
noted at the task force web site.
In other words, reform of tri-party repo will come years from now, if at all.
For anyone who reads the task force’s reports, this is a sobering conclusion.
That’s because the reports lay out in
the starkest terms a fly-by-the-seat-of-your-pants system where the
parties to a transaction – the repo borrower, the repo lender, and the
clearing bank – might not know what the others were doing.
Deals were sealed in an almost
by-guess-and-by-golly way, leaving both the repo borrower and the repo
lender at the mercy of their clearing bank, which might have to make
decisions without having key information.
Through the work of the task force, the two clearing banks have made real improvements. But huge gaps remain.
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