July 07, 2008
Maybe We Don't Need Paulson's Blueprint: The SEC and Fed Agree to Get Along
Posted by David Zaring

Agencies that want to formalize their cooperation with one another don't conclude treaties, and they don't pass regs.  They sign Memoranda of Understanding (MOUs).  MOUs don't require all that pesky process and reflect an increasingly interconnected regulatory enterprise.  What's more, the SEC likes them.  It has concluded MOUs with many foreign security regulators, and now the agency is on a domestic tear.  It just did a deal with the Fed.  Not the fanciest deal, to be sure:

Under the MOU between the two agencies, the SEC and the Board would share information and cooperate across a number of important areas of common interest including anti-money laundering, bank brokerage activities under the Gramm-Leach-Bliley Act, clearance and settlement in the banking and securities industries, and the regulation of transfer agents. The MOU specifically covers bank holding companies and so-called Consolidated Supervised Entities that own securities firms. It builds on and formalizes the long-standing cooperative arrangements between the SEC and the Board, as well as the more recent cooperation on matters including banking and investment banking capital and liquidity following the Board's emergency opening of credit facilities to primary dealers.

With the President's Working Group coordinating policy, with Paulson's blueprint proposing to merge regulatory responsibilities, and with these MOUs, it is fair to say that there's a new mood about coordination afoot in Washington.  How much of a mood?  Consider this:

The SEC recently entered into a similar MOU with the Commodity Futures Trading Commission. An agreement between the SEC and the Department of Labor is anticipated later this summer.

Administrative Law | Bookmark

TrackBacks (0)

TrackBack URL for this entry:
http://www.typepad.com/t/trackback/38673/30964688

Links to weblogs that reference Maybe We Don't Need Paulson's Blueprint: The SEC and Fed Agree to Get Along:

Comments (2)

1. Posted by Elizabeth Brown on July 7, 2008 @ 13:40 | Permalink

I guess I am cynical after having worked in the federal government for four years. This seems more of an action to appear to being doing something rather than actually changing the relations between the agencies, particularly as the SEC press release indicates that it is merely formalizing existing arrangements. MOUs are hardly a substitute for the types of reforms called for in the Blueprint or that are needed to bring the regulatory structure in line with the existing market for financial services, which covers insurance as well as banking and securities.


2. Posted by David Zaring on July 7, 2008 @ 14:55 | Permalink

I don't really disagree. But I will say that the Blueprint will be really difficult to implement. MOUs can be done by the agencies themselves and the President's Working Group was created by executive order. It's legislatively a lot easier to proceed via the latter route than the former, even if it lacks much of the former's teeth.

Post a comment

If you have a TypeKey or TypePad account, please Sign In

Bloggers
Papers
Posts
Recent Comments
Random Walk
Search The Glom
The Glom on Twitter
Archives by Topic
Archives by Date
December 2008
Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      
Syndicate The Glom
Subscribe

The Glom's Blog Network on Facebook:

Miscellaneous Links