challenges in finance
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Challenges in Finance
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The approach of developingcountries to the General
Agreement on Trade in FinancialServices (GATFS) under WorldTrade Organisation (WTO) is
marked by caution and care. Inthis connection questions are:Are there genuine reasons for this
approach ?
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Last question which, one is eager to know
is: what are the commitments of Indiaunder the Financial Services Agreement ?
And what are the ensuing challenges tothe Banking Industry in India consequentupon commitments.
Here an attempt is made to address inbrief these three questions.
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Capacity
-Transparency & information-Regulation & Supervision
-Infrastructure & market dev.,risk management
Capital flows
-Quantity-Structure (term,
instrument)-Volatility
Efficiency
-Competition-Technology transfer-Skill transfer &
development
FinancialServicesTrade
FinancialSectorStability
The Links between FinancialServices Trade, Capital Flows& Financial Sector Stability
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Purely Theoretical Plane
An existence of vast literature both empirical andtheoretical dealing with merits of openness of thefinancial sector.
Broadly the studies discuss
(a) the impact of financial sector liberalization on growth
and development of the economy(b) the link between openness of the financial sectorand financial sector overall development(c) link between productivity efficiency and financialsector deregulation.
(d) Financial stability and relaxation in financial sector.
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The theoretical predictions andconclusions based on set of assumptions.
Not applicable universally.
Relationship between optimal benefits offinancial sector liberalization andprevailing conditions in the financialsector.
Deregulation without adequatesupervisory forces might causedestablisation and disaster in the
financial sector.
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The developing countries approach marked
by caution and care with respect to their
commitments to GATFS seems to be justifiedto a great extent.
A need for a country to tread cautiously in
respect of some sub-sector services likebanking and insurance.
Precisely against this background, theframework of GAFTS as accepted bythe countries is sufficiently flexible andadoptable.
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FRAMEWORK OF GATFS
Liberalisation is incremental. Governments are free to decide
which sector they open, guaranteethe right of foreign supplier and the
extent of the rights. WTO does not require the members
to offer unrestricted access to their
markets. Commitments are accompanied by
stipulations relating to accessibilityand regulations.
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The financial services negotiationsconcluded in December 1997 under the
auspicies of WTO bear the followingcharacteristic features:
a) Negotiations are not concernedwith the liberalization capitalaccount convertibility.
b) They relate to the terms andconditions of foreign suppliers
business, subject to capitalaccount controls in force.
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c) Nothing in the service agreement
that affects adversely thegovernments ability to pursuesound economic andregulatory policies. Governments
are free to take necessarymeasures to preserve stability inthe financial system andnon-discriminatory
restrictions on trade in services.
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d) Under the services agreement, thecommitment in the WTO provides
guarantee that the terms andconditions on which investmentsare made are not going to changeovernight. This requirement is
not an additional threat but is ananswer to the crisis.
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The framework of GATFSreflects
a) Sufficient flexibility
b) Accommodating for substantialadjustments in commitments dependingon the level of financial sectordevelopment and macro-economic
situation in the country.
C) Basic principle underlying the WTOcommitments: progressive liberalization.
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Frame of Commitments under GATFS
Two types of Commitments in respect of market
access and national treatment:
a) Sectorial schedule of commitments and
b) Horizontal schedule of commitments.
The former refer to commitments for negotiationsrelating to specific individual sector, while the latterpertains to all sectors of the economy.
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The Commitments Structure
a) Full freedom in making choice ofservices for negotiations.
b) Scope for specifying theschedule of limitations.
C) Design of four modes of supplyof services i.e.,
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i) Cross Border Supply.
ii) Consumption on abroad.
iii) Commercial presence and
iv) Movement of natural person.These have been devised in the
light of the basic approachunder WTO namelyProgressive Liberalisation inServices Trade.
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Historical Perspective
Restrictive Policy
Central Banking Enquiry Committee (1931):
suggested for confining operations of theforeign banks to port towns.
Relaxation in Policy 1959
Needed goodwill of the internationalcommunity for success of developmentplans. Thus, liberalization of licensing policy.
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Opposition to the Relaxation
No country in the world openeddoors to foreign banks except U.K.Foreign banks offered the services
which Indian banks could notprovide.
Restoring Restrictive Policy
Principle of Reciprocity Basis for
licensing policy.
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INDIAS COMMITMENTS UNDER
WTO GATFS
* Market accesses are broadly limited to
mode 3 of trade in servicescommitments i.e., commercial presenceonly
* The commitments on market accessunder mode 3 include:
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* The ceiling on licenses is twelvelicenses per year.
* Investments in other financialservices companies by branches offoreign banks individually not toexceed 10 percent of owned funds or
30 percent of the invested capital of
the company whichever is less.
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* Foreign banks have options to
operate either as branches or set
up as subsidiaries of their parentbanks and to adhere to all bankingregulations including prioritysector lending.
* Foreign banks having branches inIndia have been permitted toacquire upto 49 per cent of stake in
any private sector bank and upto 20percent in the case of publicsector banks including State Bank ofIndia.
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* Transfer of existing banking
Company from residents to non-residents the foreign investment
through automatic route is notpermitted.
* Most favoured nation (MFN Article II)exemption sought in the originalschedule for negotiation was
abandoned. The committment wasmade for offering MFN treatmenton a reciprocal basis.
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Proposals
A ceiling on the share of assets offoreign banks in the total assets ofbanking industry including fundedand non-funded assets to be raised
from present 15 percent to 20percent.
Raising foreign bank brancheslicences from 12 a year to 15 to 18.
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* Allowing foreign banks to havetheir stake upto 74 percent
in the private banks.
* Thinking to allow the foreign
banks for bringing morefunds for expansion inorder to ease passage for
Indian banks intending toexpand their presence indeveloped markets.