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U.S. accused of interfering in Canadian bank practices

Governor of the Bank of Canada Mark Carney takes part in a ceremony to present the 2011 Vanier Medal to David Dodge (not pictured), former governor of the Bank of Canada at Rideau Hall in Ottawa on Tuesday, Jan. 17, 2012. (Sean Kilpatrick / THE CANADIAN PRESS)
Governor of the Bank of Canada Mark Carney takes part in a ceremony to present the 2011 Vanier Medal to David Dodge (not pictured), former governor of the Bank of Canada at Rideau Hall in Ottawa on Tuesday, Jan. 17, 2012. (Sean Kilpatrick / THE CANADIAN PRESS)

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Date: Monday Feb. 13, 2012 6:40 PM ET

OTTAWA — Canada is launching a full-court press in an attempt to prevent the United States from passing new bank reforms that may impact Canadian investors, financial markets and the economy.

In separate letters to Washington policy-makers, Finance Minister Jim Flaherty and Bank of Canada governor Mark Carney complain that sweeping reforms under the so-called "Volcker rule" would reach well beyond their intended scope, and beyond borders.

In some cases, because of the differences between the two countries' financial systems and exemptions that apply only in the U.S., the negative impact could be greater in Canada, officials say.

"The rule, as currently drafted, would have an unprecedented extraterritorial reach and significant cross-border effects ... given the close inter-linkages between the Canadian and U.S. financial systems," Flaherty wrote Monday.

"I am particularly concerned that the proposed rule could severely impact the liquidity of Canadian government debt markets and interfere with the risk management practices of Canadian banks."

Bank of Montreal economist Douglas Porter said while the proposed changes are complex and the impacts difficult to quantify, the fact Flaherty and Carney would write their counterparts with concerns is a good indicator the affect could be severe. The Office of the Superintendent of Financial Institutions has also formally requested changes to the bill.

Not only Canada has complained, so has the United Kingdom, Japan and the European Commission, among others.

For Canada, the major concern is that the banks' ability to trade and make markets in government and corporate bonds could be curtailed, causing borrowing costs to rise.

"If the liquidity of corporate debt and government debt is somehow compromised, that will have a ripple effect on the economy as a whole and will impact corporations' ability to grow and create jobs," said Terry Campbell, president of the Canadian Bankers Association.

"The problem is that the rule does not just apply to Canadian bank operations in the United States, it would apply to their operations around the world."

The changes, which seek to separate the traditional deposit-taking functions of banks from their more risky investment operations, are part of wider reforms being proposed to limit risk-taking by U.S. banks in response to the abuses that led to the recent recession.

Flaherty and Carney said they respect the intent of the law, but not how it would impact institutions outside the country. Most Canadians banks have operations in the United States so interlinked that even strictly Canadian activities could come under the broad sweep of the changes.

"The proposed rule ... imposes significant restrictions on Canadian banking entities by limiting their use of U.S.-based resources, personnel and market infrastructure and by preventing them from trading with U.S. counterparties," Carney said in his letter.

Carney noted that market funding supplies about two-thirds of Canadian corporations' financial needs, so the Volcker rule could have severe impact on liquidity and borrowing.

As well, while U.S. government treasury sales are exempted, Canadian government bonds are not.

And the letters say the rule could limit Canadian banks ability to service their customers with mutual fund accounts.

"I would encourage you, your staff, and the relevant U.S. regulatory agencies to take careful note of these submissions," Flaherty said in his letter.

"I urge you and your colleagues to take careful consideration of any unintended consequences that U.S. rule making could have on broader financial systems around the world, including Canada."

A spokesman for the finance minister said the letters were sent Monday because it was the last day for submitting opinions on the proposed legislation.

Campbell said he was hopeful that given the outcry from around the world, a solution could be found to limit the impact inside the borders of the U.S.

He said even U.S. drafters of the proposed new regulations must have realized the complexity of the issue because they asked "hundreds and hundreds of questions" during the consultation process.

"So I think they realize they had a problem here. Our hope the volume and the seriousness the concerns expressed will impress the U.S. authorities."

If enacted, the new regulations would go into effect in July.

Comments are now closed for this story

Dave
said

Obamistan strikes again...populist left wing idiology with unintended consequences....well got off pooping on our doorstep Obama..... 11 months to go thank God and we can eliminate this idiot back into the South Chigaco hinterland...


Cyril Biluk
said

We are supposed to feel sorry for the same bankers who have ruined the economy, sorry I left my tissues at the unemployment office!


funkright
said

Bank of Canada governor Mark Carney is a former GOLDMAN SACHS man.. He will do what's best for his buddies.. That's his alum, don't expect him to defer, on the long tail, from what his peers are doing. Protect the banks 1st is his initiaitive. If you (the reader) want to actually understand how this 'setup' works make sure to read WEB OF DEBT. It definitely pulls the curtains back and will remove your blinders.


DN
said

Can't we all agree to sell Canada to the US for $100,000 each? I could use the money, even though it will be worthless. It will only add 3.3 tril to their debt. Which they can inflate away. They will control it all anyway so lets take the money and run, to a nice warm coastal town.


greg
said

Do you really think the REFORMERS are that much in the dark.......
Watch out folks,its in the agenda....


NR Ghee
said

Obama, fix this mess! Obama, don't fix this mess! I can see how it's inconvenient, but how is this guy supposed to fix anything if he's attacked every time he tries? Let's face it, for most of us capitalism is kind of inconvenient, except when the money is going into our bank accounts, which it usually isn't.


Darlene
said

It is time for the USA to worry about their own country and keep their noses out of Canada's business. It is time obama is sent packing.
The US has NO business in OUR banking system. Why would we want to follow anything the US does they haven't a clue what they are doing down their. look at their debt and that so called President they have.
KEEP YOU NOSE OUT OF CANADA OBAMA!!!!! you are NOT welcome here and never will be


The Real Guelph Observer
said

The comments made by "Guelph Observer" should not be attributed to me. I agree with A. Koster. He is bang on!


wayne in HRM
said

"A spokesman for the finance minister said the letters were sent Monday because it was the last day for submitting opinions on the proposed legislation. "Way to keep on top of things Flathery, good to know you can act with such forethought on the last day to submit. Good Thinking! What a Genius!


Doug ^^^ BC
said

So Obama looks north and sees a banking system that works fairly well.People saving on Canadian banks don't have to worry that their savings will be gone because thei bank invested their money in risky ventures that went bankrupt. No one can blame him for wanting that for people saving in the USA.It's just unfortunate that he has no clue how to do that,and he has a lot of people who oppose legislation of any kind. If Democrate gain power in both houses,and Obama remains President,look forward to 4 years of the USA trying to dig itself out of a hole by attacking people it calls "allies".And we in Canada will be first on his hit list.They will want all of the jobs that Canadians do for US based corporations.Caterpillar and these banking changes are just the first shot.You can take that to the bank. (no pun intended) It's true that China cannot solve all of Canada's export market programs.But DIVESITY is an idea whose time has come.And DIVERSITY for our export markets includes China.It also includes Europe,and the rest of Asia.As much as no one country,including China,can solve all of our eport challenges,being totally dependent on the USA for all of our defense,and all of our economy is a recipe for disaster.If our children and grand children are to have futures here,Canada MUST diversify it's markets.China and India are just the first steps. If Canada is to be in a position of strength when it negotiates with the USA,we absolutely must have other market options.Especially when we are selling energy.


gregoryd
said

Just tell the US we will not allow them to dictate laws in our country. then cut off their oil for a few days. hmmm That should work eh.


fed up
said

The US Government didn't like the fact that the Canadian economy stayed stable while the Us economy flatlined. Also they didn't like Canada talking to China about Oil deals.The US knew the consequences of these reforms before implementing them. So really I think this is more about upsetting our economy so they don't look so bad. They think we can't live without them. Time to prove them wrong once again.


Maury Finkelstein
said

I hardly think China is the solution to Canada's problems as they have their own troubles with stability and a growing bubble ready to collapse into financial ruin as well as mass civil strife. As North Americans sharing a continent with the USA and Mexico we have to play for our own team so to speak and not get side-winded by an Asian nation that has multiple relationships with every other country on the planet and more concerned for themselves than anyone else. China is not playing by trade or currency rules, enslaves a nation to work for nickel and dime wages without proper environmental or labor regulations. Have you been to Beijing lately? You need an oxygen tank to breathe. And if you think China has such a stellar reputation then just go talk to the employees at Foxconn in China about how much of a wonderful working experience they're having - and you'll likely get an honest answer when a Chinese government official isn't lurking in the background and giving them a menacing look.


CMQ
said

Obama believes that resolution to every problem is just one legislation after another. His statement should be changed from, "Yes we can," "to Yes I can." So much for the "Land of the free...." Time to get this guy out of there before he tanks us all.


A Koster
said

Oh for heaven's sake! Bailouts to the banks.. even though by that other name of 'mortgages for cash' swap.. $70 billion when Harper finally acknowledged a recession in October 2008 [ctv tv].. Flaherty announced an increase in Septermer 2009 to $125 billion [ctv].. now stands at $184 billion [global research]. "And they keep saying they are NOT bailing out the banks. Because these mortgages, derivitaves andf CDOs are being dumped into CMHC, it is the taxpayer that will take the loss." CIBC for one had well over $3 billion invested in those same sub prime mortgages that helped bring on the recession in the US [ctv]. Who do YOU suppose is paying for all this?.. duh. And recently suggested changes to CMHC for Canadians wanting to buy a house?.. I wonder why... apparently interests of banks trump those of hard working Canadians.


Mike in mississauga
said

@ Guelph Observer: Actually, A Koster is correct, please research the Canadian Insured Mortgage Purchase Program instituted by the Harper Government costing $200 billion dollars. And the only person who mentions the partisian phrase "anti democratically elected majority government attitude" is you.


Tim
said

How about start with getting Canada's financial health back in better shape first.


Ralph Shaw
said

What the US is implementing is a positive development that will address the despicable abuse of financial vehicles by large corporations and politicians alike in the US. My comment is not to id these financial houses or individuals; that has been done to death and does little to rectify what all that caused. The fact that Canadian Govt. Bond Markets could be significantly impacted in a negative fashion because of safety measures that should be written into Canadian Financial practices speaks poorly of our Canadian policies. Is this an early warning that some major changes should be put into 'investigation mode'? Perhaps there was more luck than design that prevented the catastophic fallout experienced in the US from happening here in Canada. Thank goodness the Canadian OSFI has long prevented banks from participating virtually unshielded (liquidity) in the volitile markets that banks have not been able to access. Corporations that have been given license to participate (Life Insurance Co's) in complex investment planning and strategy by the OSFI do so only after providing proof of liquidity to the tune of 100% of liability. Banks cry for the same priviledge with virtually no liquidity besides your bank account and potential govt. bailout.


Eagle Down
said

In simple terms the USA empire is in what is just short of a nose dive. They are looking at every possible vehicle in life whereby they can grasp and grope their fingers into any nation in the world in a dying effort to hold on to what once was. The eagle has landed while the world chants you're going down. At which point the USA believes if they can take grasp of everyone else, they can stay airborne.


Chris
said

I think it is a really good thing to be friend with China. They will be a very friendly neighbour when they gonna take over the bankrupt US. It's time for that Empire to pack a go somewhere...


stephen d. belding
said

its time the world wakes up and realizes the United States and the United Nations and all there power brokers and their Foundations control everything in the world........ they plan and carryout all wars to the point that they are planing global depopulation of 90% with in the next five to ten years.. now have I made my point clear..... this group of thugs are all crinimals hiding behind Freemasonry and are all satanist and worship lucifier... as their god......


Hunter Brumell Surrey BC
said

The faster we become closer to China, the better. The US is about to screw us again. We need another friend.


One Canadian
said

These are the people that used us as giney pigs in the early 19th century, who make fun of the way we talk, and think all we're good for is shoveling snow!!! Well suprise, suprise America, our finances are solid, and if many of you recall an article from Goldman Sachs in October, advising their clients to get out of the Canadian markets, because we we're heading for a record loss. 6 Months later our dollar has surpassed yours, and we're looking alote better then you. So before you try and take out the splinter from our eyes, maybe you should try taking the tree out of yours.


IcedCanuck
said

Guelph Observer: I agree with what you said up until the "anti democratically elected majority government attitude" part. Our government was elected through our democratic voting system. Last time the Liberals won a majority they won it with an even smaller percentage of the votes then the Conservatives just did ... get over it!


Susie-Q Mtl.
said

Our banks are doing good cause of service charges. I have to fork out $ 18.00 a month to my bank. Just do the math. Yes that does put us in good shape doesn't it? I wonder if banks in the states have service charges? If so then what are they doing with the money? I guess our banks know what to do with the service charge money. I think our banks should show the states banks on what to do with service charge money. See we can do something right in this country. To my bank CEO:-Keep on putting my service charge money to good use. I won't complain again. Teach the states how to do it. thank you. Bye.


David H in Ottawa
said

Hence the importance of Harpers visits to China this past month. We need to further ourselves from our neighbors to the south, politically and financially.


Stuart
said

Our bailouts were just more covert. All banks everywhere should not be allowed to co-mingle funds. Be wary of any banker or regulator who resists transparency. The Volcker rule is a good idea and goes along way to re-instating Glass Steagall.


Hmmm
said

@Guelph ObserverI might have to remind you that it wasn't Obama that caused the financial crap that caused the melt down, but Mr. George W. Bush. Let's not forget what it is that he started and left the American People and the North American continent with before he left term. Obama inherited the biggest pile of crap that anyone has had to deal with and no one wants to look at the Conservative who gave the crap to the people in boat loads.


Glad to be Canadian
said

@ A Koster You have your facts all wrong this is Canada and canadian banks did not get bailed out it was the US banks that did


Raif
said

News flash for Carney and Flaherty: Piss off five Canadian Banks and watch the Conservative rumble, do the same to 5 million seniors by tampering with their pensions, do they care, no. Kinda puts things into perspective doesn't it?


Jason
said

my question is why are they telling us what to do to begin with? ... oh.. thats right... we are just the state to join the union.. :P


Intelligent Liberal
said

It makes sense for the U.S. to prohibit their banks from using their own currency since they don't have any. The U.S. economy is based upon the gold standard, and the unsettling fact is that the trillions of gold purported to be housed in Fort Knox is non-existent. It was spent decades ago, even before Obama started spending. It's good to see the Minister of Finance and the Governor of Bank of Canada work together to protect Canada's financial interests, however Americans tend to be inflexible.


FM A proud Canadian
said

The americans need to get rid of those criminals called the federal reserve because they are the reason the US economy is the way that it is hope canada don't let those criminals have any say in our banks


Get Used to It
said

We will see more and more of this sort of thing as our government signs more agreements and becomes more attached to the United States. That is the problem with the new border deals we have made. It extends into areas that were unforeseeable, and Canada now has much less to stand on when it comes to this sort of dispute. Canada signed over much of her sovereignty. At the time I said we will regret it. Decisions by the U.S. now have a MUCH larger effect in Canada, and there is nothing we can do about it.


Bill Lee
said

Cut off the US. The incipient fascism of US system is a threat to Canada's national security.


Canadian Bob
said

I hope they put in some exclamation marks!!!! That will surely get Washington's attention, and they might actually read who the letter is from before tossing it into the "Stupid Canadians" file.


Guelph Observer
said

@A KosterYou have your facts wrong, the Canadian banks have not recieved any bail out not even a penny, in fact they are flourishing. The US banks under the Obama administration on the other hand are a compete disaster. I advise you to drop your anti democratically elected majority government attitude.


URU
said

Ah, its NOT just the CDN banking sector. The US in and wants to be in everyone's face. They are the real cause of global conflicts every time they put themselves in between. Its a parallel world - The US loves to put themselves in other nations businesses to stir problems - while China absolutely obtains from interfering into other nations businesses. To be good neighbours, you should always give people space and let them figure things out but be supportive and just listen and understand NOT get involved!


Mac
said

Good on Mr Carney and Flaherty ! I am sick and tired of our neighbours to the south - dont get me wrong - i treasure the friendships of the people and the traditional openess between our two countries -BUT - I say to all the powerbrokers - politicians - bankers - etc etc - look in the mirror YOU and only YOU got us all into this financial mess .... - stop interfering where you dont belong - stop passing judgement on others - stop telling others what to do - when you clean up our own mess - then come talking ... whats that old saying - people in glass houses... shouldnt throw stones..Thank goodness we have some sanity at the helm of our finances (ps this has NOTHING to do with Conservatives vs Liberals) its called fiscal responsibility !


A Koster
said

So "Flaherty and Carney point out in their letters that Canada is widely acknowledged to have one of the world's soundest banking systems" ... I hardly think banks bailouts totalling $184 billion from 2008 to date.. even though by that other name of 'mortgages for cash' swap.. is any kind of indication of a sound banking system on Canada's part.


Len
said

Will be the first to admit that I'm not cognizant of all the rules and regulations, of the inter-country banking laws and regulations but just hope we will not be sold down the drain and that we have to give up our safeguards. No blame here but some praise for the former government for setting up the rules that protect us. Hopefully Flaherty will accept non-partisanship and protect us from any breaking of Canadian ideals.


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