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OCC’s Hsu discusses climate financial risk management, diversity and inclusion
On March 7, acting Comptroller of the Currency Michael J. Hsu spoke before the Institute of International Bankers Annual Washington Conference to discuss climate-related financial risk and diversity and inclusion in the banking industry. In his remarks, Hsu described the agency as “laser-focused on the safety and soundness aspects of climate change risks.” Specifically, he noted that the OCC is concentrating on “large banks’ climate risk management capabilities: identifying, measuring, monitoring and mitigating climate-related exposures and risks.” He stated that “[w]eaknesses in risk management could adversely affect a bank’s safety and soundness, as well as the overall financial system.” Hsu also stressed the importance of cyber defense, saying “[h]eightened vigilance is clearly warranted.”
Hsu further discussed draft principles, which were released in December 2021, and are intended to support the identification and management of climate-related financial risks at OCC-regulated institutions with over $100 billion in total consolidated assets. (Covered by InfoBytes here). He noted that the principles will be finalized later this year when more detailed guidance will be developed in collaboration with the Federal Reserve Board and FDIC. After “an appropriate transition period,” Hsu noted that an assessment of large banks’ climate risk management capabilities would begin. He also noted that for midsize and community banks, it will be a number of years before OCC examiners conduct climate risk management examinations and suggested to bankers to use time “wisely.”
At the end of his remarks, Hsu compared “diversity and inclusion” to “safety and soundness,” in that it should be treated as a single idea, and without it, “diversity over time becomes a box to be checked, not a state to strive for or a value to be upheld.”
U.S.-EU release statement on Joint Financial Regulatory Forum
On March 1 and 2, EU and U.S. participants, including officials from the Treasury Department, Federal Reserve Board, CFTC, FDIC, SEC, and OCC, participated in the U.S. – EU Joint Financial Regulatory Forum to continue their ongoing financial regulatory dialogue. Matters discussed focused on six themes: “(1) market developments and current assessment of financial stability risks, (2) operational resilience and digital finance, (3) sustainable finance and climate-related financial risks, (4) regulatory and supervisory cooperation in capital markets, (5) multilateral and bilateral engagement in banking and insurance, and (6) anti-money laundering and countering the financing of terrorism (AML/CFT).”
While acknowledging that both the U.S. and EU are “experiencing robust economic recoveries,” participants warned that significant uncertainty and risks are created by the current geopolitical situation, as well as challenges stemming from the ongoing Covid-19 pandemic, high energy prices, and supply-chain bottlenecks. “[C]ooperative international engagement to mitigate financial stability risks remains essential,” participants stressed. During the meeting, participants also discussed recent developments related to crypto-assets, digital finance, and so-called stablecoins, as well as the potential for a central bank digital currency, and “acknowledged the importance of ongoing international work on digital finance and recognized the benefits of greater international supervisory cooperation with a view to promote responsible innovation globally.”
In addition, participants discussed various topics, including those related to third-party providers; climate-related financial risks and challenges, including sustainability reporting standards; the transition from LIBOR; and progress made in strengthening their respective AML/CFT frameworks.
Treasury highlights climate transition efforts
On March 3, the U.S. Treasury Department released a Fact Sheet covering topics discussed during “The Climate Transition: Federal Policy and State and Local Government Best Practices” roundtable, including efforts to support states, localities, and communities impacted by climate change. Topics discussed included, among others: (i) promoting an equitable and sustainable recovery and driving green investments; (ii) disseminating analysis and recommendations to advance shared climate priorities; (iii) monitoring climate-related issues in municipal markets and identifying best practices; and (iv) promoting resilience to extreme weather events. Specifically, Treasury pointed out its Federal Insurance Office is advancing a set of priorities on climate-related issues by developing a report “focused on climate-related insurance supervision and regulation, with an assessment of climate-related issues or gaps in the supervision and regulation of insurers, including their potential impact on U.S. financial stability.” (Covered by InfoBytes here). Additionally, Treasury noted that it is “coordinating with interagency partners and state and local governments on a national mitigation framework,” and is “promoting energy efficiency and sustainability through tax incentives for homes and buildings.”
Financial Stability Board informs G20 of 2022 priorities
On February 14, the Financial Stability Board (FSB) sent a letter to the G20 finance ministers and central bank governors outlining several priorities for 2022 and setting the groundwork for promoting global financial resilience during the upcoming year. The FSB stated that the “transition path to a post-pandemic economy remains highly uncertain,” and warned that Covid-19 continues to weigh on the global economy with “[n]ew waves of infections … contribut[ing] to an uneven recovery across regions, higher inflation, and record-high debt levels globally.” The FSB also observed that, while banks and financial market infrastructures were able to absorb the macroeconomic shock of the pandemic, the nonbank financial intermediation sector (NBFI), which currently represents nearly half of global financial assets, experienced acute stress and needs to be strengthened. A resilient NBFI sector would reduce the need for extraordinary central bank intervention, the FSB stated. The FSB’s plans include prioritizing its work in this space in coordination with other standard-setting bodies to address any shortcomings and develop a systemic approach to the NBFI sector. Another priority is addressing potential financial stability risks associated with rapidly developing crypto-assets and digital innovation. The FSB observed that “[c]rypto-asset markets are fast-evolving and could reach a point where they represent a threat to global financial stability due to their scale, structural vulnerabilities and increasing interconnectedness with the traditional financial system.” Financial risks resulting from climate change are another critical area of concern for the FSB. The FSB’s work this year will include ensuring these risks are properly reflected in all financial decisions related to disclosures, data, vulnerabilities analysis, and regulatory and supervisory approaches.
FIO joins global green initiative
On February 17, the U.S. Treasury Department’s Federal Insurance Office (FIO) announced that it joined the Network of Central Banks and Supervisors for Greening the Financial System (NGFS). As previously covered by InfoBytes, Treasury announced in August 2021 a request for information seeking public comments on the FIO’s future work related to the insurance sector and climate-related financial risks. This was in response to an executive order issued by President Biden instructing financial regulators to mitigate climate-related risk related to the financial system (covered by InfoBytes here). According to the recent announcement, the FIO “intends to publish a climate report by the year’s end focusing on insurance supervision and regulation, with an assessment of climate-related issues or gaps in the supervision and regulation of insurers, including their potential impacts on U.S. financial stability.” The same day, the Federal Advisory Committee on Insurance (FACI), which provides advice and recommendations to assist the FIO in carrying out its statutory authorities, launched the Climate Related Financial Risk Subcommittee to support the FACI provision of information relevant to the FIO’s work on climate-related risks in the insurance sector.
Acting FDIC Chairman Gruenberg outlines priorities
On February 7, acting FDIC Chairman Martin J. Gruenberg released a statement and summary of the FDIC’s priorities for the coming year. According to Gruenberg, the federal banking agencies intend to act on a notice of proposed rulemaking to strengthen and enhance the Community Reinvestment Act which is the FDIC’s “top priority.” For evaluating crypto-asset risks, Gruenberg noted the need for “robust guidance to the banking industry on the management of prudential and consumer protection risks raised by crypto-asset activities.” Additionally, Gruenberg stated that the financial risks of climate change to the financial system will also be a top priority of the FDIC, and that the FDIC’s actions “will include seeking public comment on guidance designed to help banks prudently manage these risks, establishing an FDIC interdivisional, interdisciplinary working group on climate-related financial risks, and joining the international Network of Central Banks and Supervisors for Greening the Financial System.” Other priorities include reviewing the bank merger process and finalizing the Basel III Capital Rule.
U.S.-UK financial regulators discuss bilateral issues
On December 17, the U.S. Treasury Department issued a joint statement covering the recently held fifth meeting of the U.S.-UK Financial Regulatory Working Group (Working Group). Participants included officials and senior staff from both countries’ treasury departments, as well as regulatory agencies including the Federal Reserve Board, CFTC, FDIC, OCC, SEC, the Bank of England, and the Financial Conduct Authority. The Working Group discussed, among other things, (i) international and bilateral cooperation; (ii) “emerging regulatory approaches and the need to promote multilateral cooperation and alignment given that a number of third-party providers operate cross-border to provide services to the financial sector and there are potential risks of regulatory fragmentation”; (iii) “risks associated with regulatory driven fragmentation in derivatives clearing and banking markets”; (iv) “efforts in relation to the LIBOR transition, market developments, the risks associated with newly created credit-sensitive rates, and transition implications for other jurisdictions;” and (v) the management of climate-related financial risks and other sustainable finance issues. According to the statement, Working Group participants will continue to engage bilaterally on these issues and others ahead of the next meeting planned for this spring.
OCC solicits feedback on recently released climate-related risk principles
On December 16, the OCC announced draft principles intended to support the identification and management of climate-related financial risks at OCC-regulated institutions with over $100 billion in total consolidated assets. (See also OCC Bulletin 2021-62.) The principles address, among other things: (i) governance; (ii) polices, procedures and limits; (iii) strategic planning; (iv) risk management; (v) data, risk measurement, and reporting; and (vi) scenario analysis. According to the OCC, the principles are meant to support banks’ efforts to focus on key aspects of climate-related financial risk management and to provide a high-level framework for climate-related financial risk management consistent with existing OCC rules and guidance. The OCC also noted that though all banks, regardless of size, could potentially experience material exposures to climate-related financial risks, the principles are targeted at the largest banks. According to the announcement, the OCC intends “to elaborate on these principles in subsequent guidance that would distinguish roles and responsibilities of boards and management, incorporate the feedback received on the principles, and consider lessons learned and best practices from the industry and other jurisdictions.” Comments are due by February 14, 2022.
FSOC highlights potential risks in 2021 annual report
On December 17, the Financial Stability Oversight Council (FSOC) released its annual report highlighting significant financial market and regulatory developments, potential financial risks, and recommendations for promoting U.S. financial stability. The report focused on several recommendations that FSOC member agencies should take to mitigate systemic risk and ensure financial stability.
- Climate-related Financial Risk. FSOC advised financial regulators to “promote consistent, comparable, and decision-useful disclosures that allow investors and financial institutions to take climate-related financial risks into account in their investment and lending decisions.” Taking these steps, FSOC noted, will enable financial regulators to promote resilience within the financial-sector and help support an orderly, economy-wide transition to net-zero emissions. FSOC also recognized the importance of incorporating climate-related risks into risk management practices and supervisory expectations for regulated entities. The same day, acting Comptroller of the Currency Michael J. Hsu issued a statement supporting FSOC’s new Climate-Related Financial Risk Committee, which was announced in October (covered by InfoBytes here). “The CFRC will play an important role in identifying priority areas for assessing and mitigating climate-related risks to the financial system, coordinating information sharing, aiding in the development of common approaches and standards, and facilitating communication across FSOC members and interested parties. Addressing climate-related risks to the financial system requires the collaboration of multiple parties and partnerships, using many strategies and mechanisms.”
- Digital Assets. FSOC recommended that federal and state regulators continue to examine financial risks posed by emerging uses of digital assets and coordinate efforts to address potential issues arising in this space. FSOC advised member agencies to consider the recommendations in the President’s Working Group on Financial Markets’ “Report on Stablecoins” (covered by InfoBytes here), which was published in coordination with the FDIC and the OCC.
- LIBOR Transition. FSOC commended the Alternative Reference Rates Committee’s efforts to facilitate an orderly transition from LIBOR to alternative reference rates, and advised member agencies to “determine whether regulatory relief is necessary to encourage market participants to address legacy LIBOR portfolios.” Additionally, member agencies should “continue to use their supervisory authority to understand the status of regulated entities’ transition from LIBOR, including their legacy LIBOR exposure and plans to address that exposure.”
- Cybersecurity. FSOC advised federal and state agencies to “continue to monitor cybersecurity risks and conduct cybersecurity examinations of financial institutions and financial infrastructures to ensure, among other things, robust and comprehensive cybersecurity monitoring, especially in light of new risks posed by the pandemic, ransomware incidents, and supply chain attacks.”
While noting that financial conditions have normalized since spring 2020, FSOC noted that “risks to U.S. financial stability today are elevated compared to before the pandemic” and that “the outlook for global growth is characterized by elevated uncertainty, with the potential for continued volatility and unevenness of growth across countries and sectors.”
OCC warns of key cybersecurity and climate-related banking risks
On December 6, the OCC reported in its Semiannual Risk Perspective for Fall 2021 the key issues facing national banks and federal savings associations and the effects of Covid-19 on the federal banking industry. The agency reported that although banks showed resilience in the current environment with satisfactory credit quality and strong earnings, weak loan demand and low net interest margins continue to affect performance.
The OCC identified elevated operational risk as banks continue to face increasingly complex cyberattacks, pointing to an increase in ransomware attacks across financial services. While innovation and technological advances can help counter such risks, the OCC warned they also come with additional concerns given the expansion of remote financial services offered through personally owned computers and mobile devices, remote work options due to the Covid-19 pandemic, and the reliance on third-party providers and cloud-based environments. “The adoption of innovative technologies to facilitate financial services can offer many benefits to both banks and their customers,” the report stated. “However, innovation may present risks. Risk management and control environments should keep pace with innovation and emerging trends and a comprehensive understanding of risk should be achieved to preserve effective controls. Examiners will continue to assess how banks are managing risks related to changes in operating environments driven by innovative products, services, and delivery channels.”
The report calls on banks to “adopt robust threat and vulnerability monitoring processes and implement stringent and adaptive security measures such as multi-factor authentication or equivalent controls” to mitigate against cyber risks, adding that critical systems and records must be backed up and stored in “immutable formats that are isolated from ransomware or other destructive malware attacks.”
The report further highlighted heightened compliance risks associated with the changing environment where banks serve consumers in the end stages of various assistance programs, such as the CARES Act’s PPP program and federal, state, and bank-initiated forbearance and deferred payment programs, which create “increased compliance responsibilities, high transaction volumes, and new types of fraud.”
The report also discussed credit risks, strategic risk challenges facing community banks, and climate-related financial risks. The OCC stated it intends to request comments on its yet-to-be-published climate risk management framework for large banks (covered by InfoBytes here) and will “develop more detailed expectations by risk area” in 2022.