Report On The Impact And Accountability Of Banking Supervision D326

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Basel Committee

on Banking Supervision

Report on the impact

and accountability of

banking supervision

July 2015

This publication is available on the BIS website (www.bis.org).

© Bank for International Settlements 2015. All rights reserved. Brief excerpts may be reproduced or

translated provided the source is stated.

ISBN 978-92-9197-123-7 (print)

ISBN 978-92-9197-122-0 (online)

Contents

1. Introduction and summary ......................................................................................................................................... 1

2. Background ....................................................................................................................................................................... 3

2.1 The supervisor’s role ...................................................................................................................................................... 3

2.2 Trends in supervision..................................................................................................................................................... 4

2.3 The supervisory cycle .................................................................................................................................................... 6

3. Objectives........................................................................................................................................................................... 8

3.1 Clarity about the general objectives of supervision .......................................................................................... 8

3.2 Translating general objectives into supervisory actions ............................................................................... 10

4. Measuring impact ......................................................................................................................................................... 15

4.1 Methodological aspects ............................................................................................................................................. 15

4.2 Coherent framework .................................................................................................................................................... 16

4.3 Indicators .......................................................................................................................................................................... 17

4.4 Monitoring and reporting ......................................................................................................................................... 21

4.5 Control and quality assurance ................................................................................................................................. 23

5. Accountability ................................................................................................................................................................. 25

5.1 A balanced system ........................................................................................................................................................ 25

5.2 Internal accountability ................................................................................................................................................ 26

5.3 Accountability to external stakeholders............................................................................................................... 27

5.4 Overview of practices .................................................................................................................................................. 29

6. Observations ................................................................................................................................................................... 35

References .......................................................................................................................................................................................... 37

Annex A – Selected Basel Core Principles of Effective Banking Supervision ........................................................... 39

Report on the impact and accountability of banking supervision iii

1. Introduction and summary

In response to the global financial crisis, standard-setting bodies and national authorities have initiated a

broad overhaul of the regulatory framework. The implementation of Basel III makes a necessary and

important contribution to strengthening regulation and increasing the resilience of banks. However,

regulatory reforms alone cannot assure the soundness and stability of financial institutions; they must be

supported by effective supervision.

In recent years, supervisors have revised and strengthened their strategy and practice.

Supervision has become more comprehensive and intrusive, taking additional dimensions of a bank’s

business into account. Supervisors have also taken steps to gain more insight into the impact of their

activities.

Measuring the impact of supervision is a relatively new area. Jurisdictions have developed

various practices to show how their activities contribute to the objective of sound and stable financial

institutions and of the financial system. That said, no analysis is straightforward, because supervisors

have to deal with methodological challenges and because there is no unique method or indicator that

can be singled out in response to these challenges. Thus, current experience must be discussed while

practices are still evolving.

Against this background, the Basel Committee on Banking Supervision (BCBS) set up a Task

Force on Impact and Accountability (TFIA) in January 2014 to develop a range-of-practice study on how

supervisors around the world define and evaluate the impact of their policies and actions, manage

against that impact and then account for this impact to their external stakeholders.

The aim of this report is to share international experience with regard to the impact and

accountability of banking supervision. This report identifies a wide variety of objectives, performance

indicators and practices with respect to accountability among jurisdictions participating in the study. This

review provides an opportunity to deepen our understanding of different supervisory practices, to learn

from one another and to identify emerging trends or best practices on an international level with a view

to further strengthening supervisory processes.

Responses to a survey developed by the task force are an important source of information for

this report. The intention is not to review or assess the effectiveness of different supervisory agencies or

their supervisory processes. The analysis does not refer to the international regulatory framework itself,

which is within the scope of the Regulatory Consistency Assessment Programme (RCAP) or compliance

with the Basel Core Principles for Effective Banking Supervision, as may be covered by the International

Monetary Fund (IMF)-World Bank Financial Sector Assessment Program (FSAP). Rather, the aim is to

identify and describe general practices, tools and instruments that supervisors currently use.

Structure of the report

Section 2 describes recent trends in supervision, including how supervisory practices have evolved and

broadened since the financial crisis. As a result, impact measurement has become an even more

important aspect of supervision. Thus the report is structured along the lines of a comprehensive

supervisory cycle that is intended to (i) clarify supervisory objectives; (ii) evaluate the effectiveness of

supervisory actions; and (iii) account to stakeholders that supervision has been effective.

Section 3 describes the objectives of supervision. The report shows that all jurisdictions have

strategic objectives aimed at promoting the safety and soundness of banks and the banking system. In

detail, a great variety exists in the specification of objectives along different dimensions (presented in

Tables 1 and 2). The report also describes the different practices that supervisors have developed to

Report on the impact and accountability of banking supervision 1

translate general objectives into supervisory actions, and to disclose their objectives and expectations to

relevant stakeholders. A structured framework to translate strategic objectives into supervisory priorities

and actions offers guidance on the supervisory process and supports a constructive dialogue with

supervised institutions on what is expected from them.

Section 4 discusses developments in practices for measuring impact, which constitutes an

important and evolving element in the supervisory cycle. Most supervisors have increased their efforts to

gain insight into the effects of supervisory activities by developing tools and performance measures. The

wide variety of indicators used are summarised in Table 3. To mitigate methodological challenges,

supervisors use a broad portfolio of both measurable and qualitative indicators at different levels of the

supervisory process to provide a comprehensive overview to evaluate impact. Also, jurisdictions have

taken important steps with regard to the monitoring and reporting of the impact of their activities

through the development of structured quality assurance mechanisms and feedback loops within the

supervisory process.

Section 5 describes the different accountability arrangements. Most supervisors have

strengthened internal and external accountability in the wake of the crisis. Internal accountability refers

to the decision-making processes within the organisation, including checks and balances and a clear

division of roles and responsibilities. External accountability consists of the supervisors’ obligation ability

to explain to external stakeholders (including the government, parliament and the general public) the

impact of their activities. Various mechanisms have been implemented by jurisdictions for this purpose,

including peer reviews, stakeholder analyses and external evaluations. A well designed system of

accountability can support operational independence and enhance transparency, while safeguarding

confidential, institution-specific information.

Section 6 sets out several observations that were submitted with the answers to the

questionnaire and discussion in the group. These observations encompass the key elements of the

supervisory cycle as a cohesive framework. This starts with a comprehensive and consistent set of

objectives, which is clearly communicated to stakeholders and supervised institutions. Subsequently, the

impact of supervisory activities is measured on the basis of a broad portfolio of indicators, which are

regularly monitored and structurally controlled through management reports and quality assurance

mechanisms. In combination with clear internal processes, this finally provides a basis for demonstrating

the impact of supervision, which feeds back into the supervisory process. These observations, as

described in Section 6, may provide material for further discussion.

2 Report on the impact and accountability of banking supervision

2. Background

The international response to the financial crisis focused initially on strengthening the traditional,

quantitative elements of supervision, ie increasing capital buffers and strengthening liquidity

requirements. At the same time, international supervisors started a more fundamental debate on what

constitutes effective supervision and how this can be implemented. This section will discuss the role of

the supervisor and recent trends in supervision. Understanding these trends provides the starting point

for the analysis of impact and accountability.

2.1 The supervisor’s role

Financial regulation ensures financial discipline and stability. The long history of financial crises

shows that many different elements within the financial system can destabilise financial institutions and

markets. This instability creates externalities where the overall, social costs of market failure exceed the

private costs. Financial stability is therefore a public good. National supervisory authorities have a legal

mandate to supervise financial institutions and thereby protect the financial interests of the community

by (i) promoting safe and sound institutions; (ii) safeguarding continuity in the provision of financial

services; (iii) protecting the interests of deposit holders; and (iv) maintaining the stability of the financial

system.

Several factors limit the effectiveness of regulatory reforms. Regulation and supervision

can never reduce the probability of failures to zero. Banks operate in a market environment and,

occasionally, situations will arise in which risks materialise and affect the soundness of institutions.

Supervisors intervene to the best of their abilities to remediate issues that could potentially lead to the

failure of individual financial institutions. Their ability to prevent failures also depends on external

developments, the resources available, and the risk tolerance of both the supervisor and of the bodies to

which the supervisor is accountable. Another complication is that the more effective regulation is in

constraining behaviour, the more likely it will induce financial institutions to move their risk-taking

activities into unregulated segments of the financial sector (Brunnermeier et al (2009)). In addition, the

introduction of safety nets can distort market functioning and create moral hazard.

Effective supervision must complement regulation. The policies to address the main lessons

of the financial crisis have been implemented and the regulatory reform agenda is now well under way.

As a result, the focus in maintaining financial stability will shift more towards effective supervision. As the

economic recovery progresses, new risks may emerge. It is important that supervisors are prepared to

quickly and effectively identify, assess and mitigate these risks when they threaten to create

vulnerabilities in the financial system.

There is no single definition of supervisory effectiveness. Regulation provides a general

framework which depends on the expert discretion or judgment of supervisors. The IMF notes that good

supervision is intrusive, sceptical, proactive, comprehensive, adaptive, and conclusive (Viñals and Fiechter

(2010)). However, to put these elements into practice, different approaches can be applied. The recent

Financial Stability Board (FSB) thematic review on supervisory frameworks and approaches for

systemically important banks (SIBs) 1 concludes that assessing the effectiveness of more intense

1 Financial Stability Board, Thematic peer review on supervisory frameworks and approaches for SIBs, 2015,

www.financialstabilityboard.org/2015/05/fsb-publishes-peer-review-on-supervisory-frameworks-and-approaches-for-

systemically-important-banks-sibs/.

Report on the impact and accountability of banking supervision 3

supervision is still at an early stage and refers to the present report to provide a foundation for moving

work in this area forward.

Box 1 – What constitutes effective supervision?

The Basel Core Principles for Effective Banking Supervision are the international standard for the supervision of

banks. They are the benchmark for sound supervisory practices and are used by the IMF and the World Bank in the

context of the FSAP to assess the effectiveness of banking supervision. First published in September 1997, the Basel

Core Principles were revised in October 2006 and September 2012 to reflect the main lessons from the financial

crisis and necessary developments in supervision.2

The revised Basel Core Principles have raised expectations for more effective supervision on the basis of a

risk-based approach and timely supervisory actions. This is reflected in efforts to strengthen supervisory practices

and risk management with greater supervisory intensity towards systemically important banks, the application of

system-wide supervision and a macro perspective and increased focus on early intervention and crisis management.

In addition, a new Core Principle has been added to reflect the importance of sound corporate governance, and

more emphasis has been put on public disclosure and transparency of banks to promote market discipline.

For the purpose of this paper, Core Principle 1 on the powers, responsibilities and powers and Core

Principle 2 on independence, accountability, resourcing and legal protection of supervisors are particularly

important. The full text of these Basel Core Principles is included in Annex A.

Effective supervision is also dependent on the willingness of supervisors to act and their ability to exercise

judgment, which is subjective in nature. Viñals and Fiechter (2010) have pointed out that supervisory approaches

and skills will become more challenging as the rule book becomes more detailed and complex. Enforcing

compliance with regulatory requirements does not necessarily mean that risks are contained, as they are not, for

example, when banks have an unsustainable business model, inappropriate risk management or the underlying

culture or behaviour has not changed.

The discussion of effective supervision will continue to evolve, as the concept is neither static nor easily

defined. In this context, supervision is sometimes referred to as a craft (Sparrow (2012)), because it critically depends

on the analytical and professional skills of supervisors. Therefore, the elements of effective supervision deserve as

much attention as the regulatory reforms.

2.2 Trends in supervision

The financial crisis has had an important effect on supervisory practices. In addition to the

regulatory reforms, national supervisors all over the world have revised their supervisory strategies.

Figure 1 summarises some of these strategies.

Supervisors apply a more forward-looking approach with more attention to strategic and

qualitative elements. The traditional, quantitative elements of capital buffers and liquidity requirements

continue to play a central role in supervision and have therefore been significantly strengthened in

response to the financial crisis. Capital and liquidity provide important buffers to absorb losses and

ensure a bank’s ability to meet its obligations. In addition, supervisors have taken a more forward-

looking approach, for example by requiring bank and supervisory stress tests as well as capital and

liquidity planning. At the same time, supervisors are looking increasingly at aspects of an institution that

2 Basel Committee on Banking Supervision, Core Principles For Effective Banking Supervision, September 2012,

www.bis.org/publ/bcbs230.htm.

4 Report on the impact and accountability of banking supervision

might provide insights as to whether its business model and strategy are sustainable in the long term

(FSA (2009)). This includes a focus on behavioural, governance and cultural aspects of financial

institutions (Nuijts and de Haan (2010)). Also, supervisors are paying more attention to financial

institutions’ risk governance frameworks, which comprise the board, the firm-wide risk management

function and the independent assessment of risk governance (FSB (2013)). These qualitative elements

enable supervisors to identify possible sources of future problems at an early stage and to mitigate risks

before they affect an institution’s financial soundness or integrity.

Figure 1 – Trends in financial supervision

Source: A Kellermann, J de Haan and F de Vries, Financial supervision in the 21st century, 2013.

Supervisory practices have been renewed. Supervisors have evaluated their supervisory

approaches and redesigned their toolbox for prudential supervision. In addition to institution-specific

supervision, supervisors make more use of overarching approaches with cross-cutting analyses of the

sector as a whole. This is reflected in the increased use of benchmarking exercises and thematic reviews.

An approach of looking beyond individual institutions enables supervisors to better detect industry

trends, spot potential outliers and look at risks to financial stability.

The scope of supervision has been broadened. More segments of the financial sector have

been brought into the scope of regulation. For example, new regulation has been developed in some

jurisdictions for hedge funds, private equity entities and credit rating agencies. Moreover, different

initiatives have been developed to expand the supervisory footprint into the shadow banking sector,

although in some countries this remains work in progress.

Macroprudential supervision has gained a more prominent role. An important lesson from

the financial crisis was that financial institutions are more interconnected with each other and the real

economy than previously thought and that the stability of the financial market as a whole is a separate

element that should explicitly be taken into account (de Larosière (2009)). Central banks and supervisors

have developed a separate macroprudential pillar in their supervisory processes, often reflected in the

creation of new macroprudential authorities. Also, new macroprudential supervisory instruments have

been developed, such as the countercyclical buffer in the Basel III framework.

Report on the impact and accountability of banking supervision 5

Several jurisdictions have initiated organisational changes. Since the financial crisis, central

banks have generally gained a more prominent position within the supervisory process (either directly or

indirectly) and there has been a movement towards more cross-sectoral consolidation (ECB (2010)). A

notable change in the organisation of supervision has been the shift towards European supervision with

the creation of the European Supervisory Authorities and – since November 2014 – the Single

Supervisory Mechanism, which brings prudential supervision in the euro area under the responsibility of

the European Central Bank (ECB).

There is an ongoing debate between principle-based and rules-based supervision. Before

the crisis, supervisors increasingly relied on open norms in supervision, giving institutions increased

freedom to develop their own strategies to comply with regulatory rules (Black (2011)). As a result of the

crisis, this approach came under scrutiny, indicating that supervision had become too “light-touch”.

However, it is not evident that a return to more detailed, compliance-driven approach will necessarily

strengthen the effectiveness of supervision (Haldane (2012)). More importantly, supervisors seek to strike

an adequate balance between the application of a uniform, rules-based approach as opposed to a more

targeted approach, tailored to the specific circumstances of the individual institution.

To facilitate orderly resolution, crisis management has been strengthened. In a market

environment financial institutions can fail. An effective crisis management framework allows supervisors

to intervene at an early stage and to facilitate an orderly resolution of a troubled institution, thereby

preserving financial stability.

2.3 The supervisory cycle

The broader scope of supervision has made the design and implementation of financial

supervision more complex. Supervisory activities have expanded and the effects of supervision may be

more difficult to assess. This makes it more relevant to develop a structured framework to measure the

impact of supervision. It is useful to identify different tools and instruments of supervision and how they

contribute to the ultimate objective of promoting the safety and soundness of banks and overall

financial stability.

Impact assessment and accountability are part of a continuous evaluation process to

monitor and enhance supervisory effectiveness. Given the absence of a unitary definition of effective

supervision, supervisory authorities regularly evaluate their methodologies and operating frameworks to

establish what works best in their jurisdictions. As financial market and supervisory practices continue to

develop, supervisors are also adapting their supervisory approaches to take into account relevant

developments.

Ideally, supervision is embedded in a consistent, continuous and comprehensive cycle (as

presented in Figure 2 below). The key elements of a supervisory cycle – discussed in the following

sections of this paper – are based on a supervisory strategy that includes:

• Clarity regarding the objectives of supervision, (“what do we want to achieve?”), translated into

activities through a structured planning process.

• Evaluating impact (“how do we know if our activities contribute to meeting our objectives?”).

• Accountability (“how do we demonstrate to key stakeholders that our supervision has been

effective?”).

6 Report on the impact and accountability of banking supervision

Figure 2 – Example of a framework for impact and accountability

Report on the impact and accountability of banking supervision 7

3. Objectives

This section discusses how supervisors set their objectives and how those objectives are translated into

supervisory activities. The FSB report on SIB supervision (FSB (2015)) concludes that supervisory

effectiveness can be more objectively assessed when authorities have in place a well defined supervisory

strategy, which clearly articulates and prioritises objectives.

3.1 Clarity about the general objectives of supervision

In all jurisdictions, the safety and soundness of banks and the banking system is reflected in some

form in the overall, strategic objective of supervision. The overall objective of supervision is

determined by the supervisor’s mandate, which is often established by law and has a strategic, long-term

perspective. The Basel Core Principles for Effective Banking Supervision provide a consistent framework:

• An effective system of banking supervision has clear responsibilities and objectives for each

authority involved in the supervision of banks and banking groups (Principle 1; Essential

Criterion 1).

• The primary objective for banking supervision is to promote the safety and soundness of banks

and the banking system (Principle 1, Essential Criterion 2).

• If the banking supervisor is assigned broader responsibilities, these are subordinate to the

primary objective and do not conflict with it (Principle 1, Essential Criterion 2).

Notwithstanding substantial commonality in the goals, the methods of supervision

adopted by individual prudential supervisors differ markedly. Supervisors reported that a variety of

practices are applied to fulfil the core objectives of supervision. To some extent, this can be attributed to

differences in financial conditions or market structure. However, differences often are simply due to

operational history or to individual preferences in jurisdictions.

Supervisory authorities determine their strategies from various perspectives. In addition

to the ultimate goal of safety and soundness, strategic objectives can be targeted towards the financial

system, institutions, consumers and/or the economy. The objectives – which are generally established by

law or regulation and may not be within the supervisors’ control – may also include the overall stability,

efficiency and competitiveness of the financial system, and preventing irregularities that may endanger

the safety and soundness of the banking system. For some supervisors, the main objective of financial

supervision is to ensure that financial promises to individuals are met – implying that failures are

mitigated or that safety net provisions are robust – while other jurisdictions may focus on an effective

functioning of the financial system, aiming at orderly resolution. Other supervisors make it more explicit

that a zero-failure policy is not the ultimate objective.

8 Report on the impact and accountability of banking supervision

Overview of primary objectives

Table 1

Category Examples

Financial system Safety and soundness:

• Ensure the sound and prudent management of the overall stability, efficiency and

competitiveness of the financial system

•

Prevent irregularities in the banking system

Governance and transparency:

•

Decision-making process to ensure good governance and transparency

Institutions Safety and soundness:

•

To ensure sound and prudent management of institutions subject to supervision

Financial analysis:

•

Financial parameters affecting the financial performance of banks

Risk assessment:

• Monitoring supervisory risk profile of institutions and taking preventive or corrective

measures when necessary

• Evaluation of the risk structure, internal control, internal audit and risk management

systems of banks

• Compliance with corporate governance principles

Supervisory strategy:

• Risk-based framework

• Medium-term strategy

• Target-based management

Consumer/public Consumer protection:

• Protect the customers, insurance policyholders, members and beneficiaries of the

entities

• Protection of creditors, investors and insured persons

• Transparency of contractual conditions and the fairness of relations with customers

• Preservation of confidence in the financial system

• Prevent irregularities which endanger the safety of the assets entrusted to institutions

Economy/market Safeguards to prevent or minimise market disruption:

• Ensuring proper functioning of financial markets

• Measures to counter financial imbalances, and to stabilise credit markets and financial

system

• Create a mechanism to guard against a financial crisis

• To facilitate smooth provision of financing

• To contribute to the development of the financial system

• Ensure compliance with banking and financial rules and regulations

Measure, monitor, safeguard the economy:

• Prevent irregularities in the banking system that may prejudice the economy as a

whole

•

Anti-money laundering and measures against financing terrorism

Many jurisdictions have additional objectives, often of a secondary nature. While

respecting the primary objective of promoting the safety and soundness of banks, these secondary

objectives include maintaining public confidence, fostering a reputable and competitive financial system

and ensuring a sound and stable financial system that contributes to a healthy and successful economy.

Some supervisors also include within their general objectives the protection of depositors and

customers.

Report on the impact and accountability of banking supervision 9

Overview of secondary objectives

Table 2

Category Examples

Financial system

Safety and soundness:

• Maintain public confidence in the banking industry

• Foster a sound and reputable financial centre

•

Supervision facilitates effective competition

Institution

Risk assessment:

• The objective of supervision is not to prevent banks from taking risks but make them

understand the levels and types of risks they face and control them.

Effective supervision:

•

Supervision facilitates effective competition

Consumer/public

Consumer protection:

• Protecting the public’s interest

• Maintain public confidence in the banking industry

• Customer/depositors protection

Economy/market

Measure, monitor, safeguard the economy:

• Supervision ensures a stable financial system which contributes to a healthy and

successful economy

• Financial market supervision contributes to reputation and competitiveness of

financial system

There is no single best practice that emerges. There are many strategic supervisory

objectives with a range of definitions. Strategic objectives are generally high-level and do not necessarily

give insight into the actual supervisory process. This indicates that it is the responsibility of the

supervisor to further clarify its strategy and translate the general objectives into supervisory actions.

3.2 Translating general objectives into supervisory actions

Supervisors can build upon their strategic objectives to guide their activities. Supervisory

authorities may have discretion to further refine their strategic objectives and typically have a certain

degree of discretion to determine their supervisory strategies. To support the evaluation of supervisory

impact and strengthen accountability, some supervisors have benefited from a structured process that

translates the general objectives into supervisory actions. The Basel Core Principles state that

• “The supervisor has a coherent process for planning and executing on-site and off-site

activities. There are policies and processes to ensure that such activities are conducted on a

thorough and consistent basis with clear responsibilities, objectives and outputs.” (Principle 9,

Essential Criterion 2)

A coherent supervisory framework within the organisation can facilitate the conversion

of long-term objectives into daily supervision. A coherent framework can make the objectives more

actionable and thereby enhance effectiveness. A structured planning and control process can help to

determine priorities. This can be done in various ways. Supervisors can operationalise supervisory

objectives on a more tactical level (eg over a three to five year time frame) by defining and translating

objectives into key supervisory outcomes, which in turn allow supervisors to better determine the impact

of supervision. These objectives could relate to the main developments in the sector, as well as the goals

and priorities established by management. These objectives could subsequently be translated into the

yearly, operational planning of supervisory activities with regard to institution-specific and thematic

supervision (see Figure 3 for such a framework for supervisory objective-setting).

10 Report on the impact and accountability of banking supervision

Figure 3 – Different levels of supervisory objectives

This planning process can provide a clear link between the different levels of supervisory

planning. This is essential to ensure consistency with the ultimate, strategic objectives and supervisory

activities.

The process can be structured by top-down guidance, a bottom-up process or a

combination of the two. Some jurisdictions have an explicit structure in place where the executive

board provides direction to translate strategic, general objectives into the organisation. For example, this

can be done through a (multi-year) strategic plan or through definition of long-term goals. Jurisdictions

may also follow a process that starts with a bottom-up identification of different risks and vulnerabilities,

which is input for further selection within the organisation and then translates into priority planning on a

higher level within the organisation. Decision-making in this case is typically done at board level. These

top-down and bottom-up processes need not be mutually exclusive and may be applied in combination.

Box 2 – Examples of structured planning for supervisory activities

Most supervisors develop annual supervisory plans following a risk-based approach, and in some cases include

macroprudential analyses and the detection of general issues. Many jurisdictions noted that supervisory plans may

change over the year depending on needs. Even for multi-year planning cycles, supervisory plans are commonly

reviewed at least annually.

FINMA (Switzerland) has defined strategic goals on a multi-year horizon. These explain the approach of

the supervisor to relevant developments in the financial sector and the associated challenges,3 which are then

translated into five key priorities and main activities. The strategic goals are decided by the Board of Directors,

subject to approval by the Federal Council (the Swiss federal government). The strategic goals are set for a four-year

period: 2013–16. Based on the strategic goals, the Board of Directors annually defines strategic priorities for the

subsequent year.

In the United Kingdom, the PRA’s thematic teams and individual supervisory teams identify and report on

emerging risks. The executive board identifies and prioritises the emerging risk themes, which are then discussed

with the PRA Board. Also, the PRA maintains a suite of risk reports on strategic, operational and sector risks and

sector analysis (horizontal scanning, financial stability and business model analysis), which feed into the risk

assessment process. The PRA Risk Framework provides a structure for forming resource allocation judgments, based

3 FINMA, Strategic Goals 2013 to 2016, www.finma.ch/e/finma/publikationen/Documents/strategische_ziele_finma_2013-2016-

e.pdf.

Report on the impact and accountability of banking supervision 11

on the potential impact, the risk context and available mitigating factors. On that basis PRA supervisors judge a

firm’s proximity to failure, which is captured in the Proactive Intervention Framework (PIF) and translated into a PIF

score, with an associated supervisory programme.

The Central Bank of Brazil (BCB) has a management model aimed at connecting senior management’s

priorities with each department’s execution of its processes. By fostering closer ties between the senior

administration and technical staff, the management model allows faster decision-making and improves coordination

among the departments in relation to the institutional strategic challenges. This coordination is achieved via a two-

stage process:

• Level 1: the strategic objectives are established by the Board according to strategic priorities defined by the

Deputy Governor of each area;

• Level 2: the strategic priorities are translated into projects or strategic initiatives at department level (see chart

below).

Once a year, the strategic priorities and guidelines are reviewed and then translated into initiatives,

projects and ongoing activities. These are elaborated in a Supervisory Action Plan. The priorities drive the definition

of strategic actions and the allocation of available resources with targets and indicators for periodic follow-ups.

The inclusion of the following four key elements in the planning process can help ensure

that the general objectives of banking supervision discussed above are met in practice:

(i) Identification of bank-specific and system-wide vulnerabilities through verification work and

forward-looking analysis;

(ii) Escalation of findings to the supervisory decision-making bodies;

(iii) Enforcement of the legal and regulatory framework; and

(iv) Timely preventive and corrective actions. This includes contributing to resolution processes

where other public sector bodies are also involved, such as the deposit insurance fund or the

ministry of finance.

Supervisors can be more effective if they clearly communicate their objectives to their

stakeholders. Notwithstanding the differences in implementation, it is particularly important that

supervisors provide clarity on their objectives. The Basel Core Principles state that:

BCB

INSTITUTIONAL

MISSION

BCB

VISION

BCB

VALUES

BCB

STRATEGIC

GOALS

STRATEGIC

PRIORITIES

STRATEGIC

INITIATIVES AND

PROJECTS

DETAILING OF

INITIATIVES AND

PROJECTS

1st Level Development

Strategic Level:

BCB Board

Deputy Governor

Head of

Department

Project Manager /

Responsible for

the Initiatives

DEPLOYMENT

2nd Level Development

12 Report on the impact and accountability of banking supervision

• “The supervisor publishes its objectives and is accountable through a transparent framework for

the discharge of its duties in relation to those objectives.” (Principle 2, Essential Criterion 3)

By defining upfront the effects that supervisors want to achieve, supervisors not only provide

direction to the supervisory process and a clear focus towards the relevant ultimate outcomes, they also

give supervised institutions clarity on what is expected from them and contribute to an effective

dialogue and better prioritisation of actions. Finally, defining desired effects is a necessary precondition

for any analysis of impact and accountability. The role of transparency will be further discussed in

Section 5.

Typical ways to communicate expectations include annual reports, financial stability

reports, business consultations and circular letters sent to the banking industry. Supervisors

reported the use of regular public announcements and explanations of regulatory and supervisory

policies and approaches to make sure that expectations about supervisory objectives are known.

Communication on individual institutions’ supervisory expectations is primarily done as part of the

institution-specific supervisory dialogue, eg through the supervisory review and evaluation process

(SREP).

Box 3 – Some illustrative examples of disclosure of objectives and supervisory expectations

The US Office of the Comptroller of the Currency (OCC) has established protocols to communicate expectations to

supervised entities on a frequent and regular basis. Examination findings are provided in writing to each bank and

orally to boards of directors during the supervisory cycle. In addition, the OCC uses quarterly letters, banking

bulletins and semiannual risk reports to disclose relevant information to the public. In addition, the OCC has

developed several initiatives to inform banks about policies, rules and emerging risks.

At the beginning of each year, the Hong Kong Monetary Authority (HKMA) holds a press conference to

discuss its activities over the past year and introduce its priorities and areas of key supervisory focus for the coming

year. This information is uploaded to its public website. The HKMA also briefs the Legislative Council on the full

range of its work several times a year. The materials presented to the Legislative Council are available to the public

through the HKMA’s and the Legislative Council’s websites.

The French Autorité de contrôle prudentiel et de résolution (ACPR) communicates its operational and

policy objectives through the publication of its annual report and also presents its expectations through the ACPR

website and an official register for instructions, guidelines and recommendations. The ACPR also issues a bimonthly

publication aimed at banking and insurance professionals. In addition, the ACPR organises regular conferences

seminars and meetings with the supervised institutions to reach out to the market.

The China Banking Regulatory Commission (CBRC) has established protocols to communicate

expectations to supervised entities. The CBRC publishes its objectives, principles, measures as well as regulatory

standards via its website and annual reports. It also regularly discloses major regulatory initiatives and supervisory

actions through the same channels. This includes forward-looking information on strategic priorities.

The Netherlands Bank publishes its supervisory objectives on its website. It has presented its Vision on

Supervision for the period 2014–18. On that basis, the DNB presents a yearly brochure on thematic supervision and

its budget (available on the website). Institution-specific expectations are communicated directly to institutions.

The Bank of Italy makes use of several channels to communicate its supervisory expectations, addressed

both towards specific institutions (supervisory dialogue) and stakeholders. It publishes a triennial strategic plan and

an annual report, which are complemented by periodic meetings with the senior management of the most

significant banking groups and by the publication of the Guide for Supervisory Activities, which summarises the

supervisory approach (objectives, methodology and evaluation process).

Confidentiality legislation may impose limits on disclosure. Several jurisdictions point out

that transparency and communication must take into account the rules governing the confidentiality of

information. These are likely to set limits on how far supervisors in many jurisdictions may disclose

Report on the impact and accountability of banking supervision 13

institution-specific supervisory information. Sensitive information may also include proprietary,

institution-specific information as well as information that affects the privacy of individuals and their

activities. However, this does not preclude disclosure of overarching policy goals that the supervisor

pursues for certain groups of institutions or for particular risk issues. Moreover, confidentiality should

not be an excuse to hide from public scrutiny.

14 Report on the impact and accountability of banking supervision

4. Measuring impact

Supervisors monitor their activities to assess whether and how far their actions are contributing to the

achievement of their objectives. This section discusses the main elements in the design of a performance

measurement framework, the different practices among jurisdictions and the main emerging trends.

4.1 Methodological aspects

When evaluating effectiveness, different methodological challenges can arise. The following

elements should be taken into account.

Causality

Perhaps the greatest challenge to assessing supervisory performance is to prove a clear relationship

between supervisory activities (“cause”) and observed outcomes (“effect”). It is not easy to establish the

contribution of a supervisory action to the financial position and behaviour of a financial institution.

There is a lack of reliable counterfactual information or a control group to compare results with other

exogenous factors such as the economic cycle and market developments. A financial system can be

performing strongly with few or no failures and without losses being incurred by protected beneficiaries.

However, this does not necessarily mean that this is the result of effective supervision. The opposite is

also true: financial failures and losses borne by taxpayers do not necessarily mean that prudential

oversight has been inadequate. It is often difficult to isolate the impact of supervisory interventions.

In addition, risk-based supervision means that supervision is focused on areas and institutions

where the risks are most imminent, which creates a selection bias whereby those institutions under the

strictest supervision may be those that perform least favourably.

Time horizon

Time aspects can be difficult to take into account when measuring supervisory impact. An effective

regime of prudential supervision seeks to promote financial stability over the long term. Through regular

prudential oversight, supervisors seek to identify potential weaknesses in risk management, governance

or resilience at an early stage and take corrective action. Over many years, these programmes serve to

build financial sector resilience by encouraging firms to build a culture of sound prudential management

that enables them to withstand economic shocks, as well as changing market conditions. The outcomes

of supervisory interventions are not always immediately apparent, as it can often take considerable time

for these outcomes to materialise.

In the short term, supervisory measures may come at a cost to a firm’s immediate financial

position. For example, a credit review may reveal that an institution must take additional losses on its

positions, which may have a negative impact on its financial performance and result in short-term

financial costs. Over the longer term, however, this intervention may serve to reduce the probability or

impact of the firm’s failure.

Unintended consequences

A performance measurement framework based on quantitative elements can be susceptible to

behaviour that is driven by a focus on those specific indicators (ie “what gets measured, gets done”).

Focusing on a certain performance metric could create perverse incentives by focusing supervisory

attention on that specific indicator, while diverting attention from activities that are less easily measured,

but would contribute more effectively to preserving overall financial stability. For example, an indicator

based on the number of supervisory interventions may increase the number of formal measures that are

taken, but may not necessarily address the underlying risks. On the other side of the spectrum,

Report on the impact and accountability of banking supervision 15

performance indicators that focus on the desired outcome of financial stability (eg “no new losses or

winding down an institution”) could also have counterproductive effects. For example, if a supervisor

takes necessary corrective action, some performance metrics may suggest that supervision has been

ineffective.

Confidentiality

Several supervisors have indicated that confidentiality requirements can make it difficult for them to

demonstrate the effectiveness of supervision. Much banking supervision work is, by design, conducted

“behind the scenes”. In most jurisdictions, supervisors may only publish information on individual

institutions to the extent necessary for the performance of their statutory tasks. This makes it difficult to

communicate about specific interventions that might have demonstrated the effectiveness of

supervision. Also, it is difficult to report on specific prudential interventions when a financial catastrophe

has been averted (such as timely uncovering of fraudulent or improper practices). Public disclosure

might reveal previous problems, potentially impairing financial stability by causing negative prudential

consequences for the institution involved. In these cases, supervisors typically report generically on the

effects achieved, even if reporting specifically what has been achieved by their actions might cast the

effectiveness of their supervisory action in a more positive light.

4.2 Coherent framework

There is no single tool or set of tools for measuring supervisory effectiveness. Many countries have

begun to develop tools and performance measures to monitor the implementation and impact of

supervision. National jurisdictions utilise a range of indicators such as operational measures covering

resourcing, risk prioritisation and supervisory activities as well as outcome-based measures for changes

to entity risk profiles and the prudential condition of the financial system and entities within it.

One of the sound practices that seems to emerge from the survey is to use a broad

portfolio of indicators to assess the effectiveness of prudential supervision. A wide range of

quantitative and qualitative indicators, rather than any single performance indicator, better enables

supervisors to evaluate their effectiveness and incorporate different perspectives into the assessment. A

sample framework is provided in Figure 4. Taken together, these performance measures can present a

comprehensive and cohesive picture. A broad approach is also applied in most supervisory rating

systems (for example, the CAMELS rating system),4 which provide an overarching assessment of the

financial position of a firm and its risk management. Outside the financial sector, a comparable approach

can be observed with the use of a balanced score card to evaluate complex objectives. A broad

framework can also be used to assist supervisors in coordinating their supervision planning processes. It

could be employed to address thematic or system-wide issues as well as idiosyncratic risk issues

identified within individual institutions. Another advantage of applying multiple metrics is that a

portfolio of indicators is less sensitive to outliers than a single parameter.

4 The CAMELS rating system typically consists of an overall composite rating for the institution, as well as individual

component ratings for capital adequacy, asset quality management, earnings, liquidity and sensitivity to market risk.

16 Report on the impact and accountability of banking supervision

Figure 4 – Example of an overall framework with a broad portfolio of performance indicators

Ideally, the indicators in a portfolio are aligned and cascade into a cohesive picture of

how supervisory action has led to the desired prudential outcomes. Such an approach would link

the application of supervisory resources to supervisory action planning to specific targeted goals to

overall prudential impact.

Further steps can be taken to focus on long-term outcomes. Most supervisors use

indicators related to inputs and activities, because they are readily observable and available. Indicators

that focus on output or the overall achievement of supervisors’ outcomes with regard to the strategic

objectives are less frequently observed. These indicators may better assess the ultimate effectiveness of

supervisory action against the overarching strategic objectives, but it is not clear which indicators are the

best predictors of effectiveness. Also, few supervisors are capable of assessing how indicators have

transitioned over time as a result of supervisory actions and whether changes in firms’ financial condition

result in greater safety and soundness. Jurisdictions structurally monitor the financial condition of

institutions, but in many cases it is not clear if and how this data are used to assess supervisory

effectiveness.

4.3 Indicators

Supervisors use a wide variety of indicators to evaluate the impact of their supervisory actions

that can be classified into different categories of the supervisory process. These indicators are

based on (a) supervisory resources (input); (b) supervisory activities (throughput); (c) output from

supervisory activities; and (d) outcomes, based on the ultimate objectives of supervision. These

indicators can consistently be applied within the framework, described in Figure 4 above. Potential

indicators are summarised in Table 3 below.

Report on the impact and accountability of banking supervision 17

Indicative overview of indicators that are used in different jurisdictions

Table 3

Performance

indicators

Do you use these?

(Yes/no)

Examples of metrics

used

Rationale/benefits Potential downsides

Market data

such as credit

ratings, stock

price of firm,

CDS spreads

Around half the

jurisdictions surveyed

used market data as an

indicator of supervisory

effectiveness

• Credit ratings

• Stock price

• CDS spreads

• Vix index

• Funding rates

• Understanding of

the riskiness of

institutions as

perceived by the

market.

• Simple

• Comparable

• Difficult to establish link

with supervisory actions.

• Market data alone are

not a good measure of

supervisory impact.

• Concerns over role of

rating agencies

Supervisory

requirements

such as

solvency or

liquidity ratios

Nearly all jurisdictions

use supervisory

requirements. In some

cases specific targets

were set. Jurisdictions

that have not

established quantitative

performance indicators

use this data as part of

their risk framework

• Capital ratios

• Liquidity ratios

• Leverage

• Loan growth

• Non-performing

loans

• Objective,

consistent, easy to

understand

• Trends show a

build-up of risk

• Can review on an

individual firm and

system level

• Ratios in isolation can be

misleading. Might miss

hidden risks such as off-

balance sheet assets

• Ratios do not take into

account the quality of

governance in a firm

• Prudential ratios not only

driven by supervisory

actions

• Lagging indicators

Indicators

related to

number of

bankruptcies

or the amount

of losses by

these defaults

Around half of the

jurisdictions surveyed

used data on the

number of bankruptcies

as performance

indicators. Some do not

use this indicator due to

a lack of data

• Number of failed

institutions

including asset size

• Losses from failure

• Orderly vs

disorderly failure

• Failures are easily

observable

• Failures often

indicate areas

where supervision

can be improved

• Reason for bankruptcy

might be outside of

supervisor’s control

• Bankruptcies are too

infrequent to measure

• Relates mostly to smaller

institutions

• Backward-looking

indicator. It can be

difficult to identify trends

Throughput

time for

supervisory

activities, such

as procedures,

applications,

assessments

and stress

tests

Around three-quarters

of jurisdictions surveyed

used indicators related

to supervisory activities

• Monitoring

whether

assessments (eg

Pillar 2, CAMELS,

qualitative

assessments) are

carried out in full

and to agreed

timeframes

• Volume (resources)

of supervision over

a time period (in

staff or expenses)

• Stakeholders have

certainty on

timelines

• Simple to use and

supervisors can

directly affect and

address these

indicators

• Timely response

from supervisors

after visits and

timely actions from

institutions

• Measures compliance

with a process.

• Supervisory actions

could be rushed

impacting thoroughness

• Supervisors might

deprioritise more

important work that is

not measured.

• Depends on complexity

of the institution and

quality of its risk

management.

• Measures efficiency

rather than impact

Indicators

related to

(public)

confidence in

the financial

sector or in

the financial

supervisor

Around a third of

jurisdictions use

indicators related to

(public) confidence in

the financial sector or in

the financial supervisor

for an assessment of

supervisory effectiveness

• The number of

complaints to the

banking

ombudsman

• Business and

public surveys, eg

performed by an

audit or consulting

firm

• Trends in customer

deposits

• Surveys are easy to

access and makes

supervisory bodies

accountable

• External validation

of performance

• May be useful

during times of

financial instability

• Impact is difficult to

measure from public

confidence metrics,

because supervisory

actions are not reported

• Metric can vary due to

measurement errors and

could be misleading

• Difficult to highlight the

impact of external

factors, such as the

media

18 Report on the impact and accountability of banking supervision

Indicators that

measure the

migration

between pre-

defined

supervisory

regimes or risk

scores (within

a risk-based

framework)

The vast majority of

jurisdictions surveyed

uses indicators that

measure the migration

between pre-defined

supervisory regimes or

risk scores as a measure

of supervisory

objectives. Those

countries that do not

use this indicator did not

provide reasons for not

using these metrics

• Percentage of

problem banks

where failure was

averted

• Long run trends of

supervisory

ratings/ risk scores

of banks

monitored and

reported

• Comparison of risk

score with results

of institutions

• Reveals a build-up

of possible risks

• Guides supervisory

attention and

resource allocation

• Useful basis for

aggregate analyses

• Clear metric. and

easy to monitor

• Performance can

be assessed

against key

performance

indicators

• Lagging indicator

• Rating migration might

not be due to

supervisory actions

• Disincentive for

regulators to downgrade

a rating or risk score.

• Risk scores are subjective

in nature and differ

between countries and

need peer review and

validation

• Capacity to monitor and

maintain the data

• Ensure that supervisor

understands rationale for

risk score migration

Indicators

based on the

outcome of

external or

international

peer reviews

Around two thirds of the

jurisdictions surveyed

used external or peer

reviews as an indicator

of supervisory

effectiveness. Often

these were based on

international reviews.

However it was not

always clear how the

results from eg FSAPs

were turned into

indicators to assess

supervisory impact.

• Compliance BCBS

core principles in

eg FSAPs/FSAP

updates, FSB peer

reviews and Art IV

reviews

• Risk assessment

undertaken by host

supervisors on

branches of banks

• International stress

tests

• External audit

assessment

• RCAPs (measures

compliance with

Basel framework)

• IMF and Basel

reviews provide

useful benchmarks

against

international

standards

• Helps to validate

the impact of

supervision

• International

expertise

• Reviews serve as

signals and provide

important

recommendations.

• Enhances

transparency and

accountability

• Reviewers sometimes

have objectives that

differ from those of the

supervisory authority

• Results only as good as

the review

• Difficult to highlight the

impact of external factors

such as economic trends

or rumours

• Reviews often done over

a short period of time

and at a high level

Indicators

based on

stakeholder

surveys

Around half of the

jurisdictions surveyed

used stakeholder surveys

as an indicator. It was

not always clear how the

results are translated

into quantitative

indicators

• Questionnaire

completed by

institutions

following on site

review

• Perception survey

or supervisor

undertaken by

external

consultants

• Surveys completed

by different

stakeholder groups

• Reflects an

independent view

of the regulator’s

reputation

• Indicators can

reveal areas of

concern and for

potential

improvement for

the regulator

• Can be highly dependent

on effective wording of

questions

• Can be biased towards

response sample

• Stakeholder input is

tainted by vested

interests. Results have to

be considered within

context who the

stakeholders are

• Subjective responses

Other

measures

(qualitative or

quantitative)

Jurisdictions reported a

wide variety of other

measures that are used

to measure supervisory

impact

• Progress on

supervisory

projects

• Regulatory failure

pre-report to the

supervisory board

(internal

document)

• Results on specific

subjects (eg loan-

to-income caps)

• Results on

institutions

•

Complaints data

• Supervisor’s impact

is made visible

which strengthens

confidence

• Depending on the

nature, supervisory

activities can be made

public

• Public announcements

must not be made for

the sake of publicity and

can be (considered)

partial

Report on the impact and accountability of banking supervision 19

Below, we break down these indicators in Table 3 into the four categories according to the

framework presented in Figure 4.

(a) Supervisory resources

Indicators in this category are based on supervisory input. To a large extent, all countries use a

similar approach to determine operational priorities and allocate resources. Supervision is risk-based.

This means that the riskiness of an entity and the potential impact of a failure on the financial system

determine the amount and intensity of supervisory activity. Some countries also include other factors in

this analysis (such as performance indicators, historical data, reputation, complexity, geography, budget).

In most instances, the analysis is an input into a planning document (for example a supervisory

action plan) mapping out the risks and associated activities. Further feedback is gathered from all levels

in the organisation, from the supervision teams to the highest management level. The plan is reviewed at

least once a year (sometimes quarterly), with the results fed back into the plan.

Some indicators used in this category include:

• thematic issues/industry risks

• riskiness of entity

• size of entity

• complexity

• budget

• number of staff

(b) Supervisory activities

These indicators relate to the throughput of the supervisory process. They are focused on the

supervisory activities and consist of the whole range of available tools and instruments that supervisors

have to identify and mitigate risks. The activities would normally follow from the risks that have been

identified and reflect the operational planning and the choices that have been made in the allocation of

resources, where it is considered to be most effective.

Some indicators used in this category include:

• number of risk profiles prepared

• percentage of activities completed compared with plan

• timeliness of closing of supervisory issues and actions

• progress of corrective actions undertaken by banks

• throughput time for activities

• number of onsite reports and visits

• number of meetings with banks regarding supervision

• timeliness of examination reports

(c) Output

These indicators are based on the quality of output from supervisory activities. Many countries

have in place indicators for tracking how institutions have responded to the findings that come out of

various prudential reviews. Many supervisors also monitor the migration of entities between pre-defined

supervisory categories or risk scores to assess the impact of their supervisory activities. These risk scores

are used to help in planning and scheduling future supervisory activities and often include a feedback

loop designed to assess the impact of supervisory actions on the risk score.

Some indicators used in this category include:

• number of entities in a heightened risk status (for example higher probability of failure

percentage of supervisory rating downgrades and migration of risk scores

20 Report on the impact and accountability of banking supervision

• matrix of overall risk scores

• consolidated index of risk and controls

• impact of adjustments and recommendations from supervision

• index of repeated infringements after a legal proceeding

• stakeholder surveys

• internal audit and national audit office

• external party reviews (World Bank, IMF, EBA, Basel Committee)

(d) Outcomes

These indicators are based on the ultimate objectives of supervision. This is the most relevant

category, but also the most difficult to analyse and manage as a measure of effectiveness (see discussion

about causality in Section 4.1). Supervisors have various measures in place to monitor the financial

condition of the institutions that they supervise. Nearly all supervisors make use of market indicators

(such as ratings, share price or CDS spreads) and supervisory parameters (such as capital ratios, liquidity

ratios or asset quality) for risk assessment and monitoring purposes, but do not necessarily link these

indicators to supervisory effectiveness. These data are analysed with broader economic movements and

developments in financial markets to give context to the changes in values.

Some indicators used in this category include:

• bank credit ratings

• bank failure numbers

• capital and liquidity ratios

• movement in proximity to failure scores

• movement in quarterly risk scores

• loan loss reserves

• credit risk (bad loans, defaulted loans)

• confidence index on financial system

• estimated recoveries on failed institutions (percentage recovered)

4.4 Monitoring and reporting

A structured process for monitoring the impact of supervisory activities can support a

performance measurement framework. A supervisory strategy is most likely to be successful when

supervisory activities are consistently monitored. A structured approach can contribute to supervisory

effectiveness, for example, by clearly defining goals and desired outcomes of supervisory actions at the

outset, along with regular checkpoints embedded within the supervision business line. Such monitoring

is resource intensive and therefore deserves careful consideration as an integral part of the supervisory

process.

Box 4 – Management by objectives

FINMA (Switzerland) has set up a management by objectives process. Based on FINMA’s strategic goals, the board

of directors defines priorities. Based on these priorities, the executive board defines its annual goals. Depending on

their nature, the implementation of each annual goal is pursued either through a project sponsored by the executive

board or through the line management of the responsible division. In the latter case, the annual goal is included in

the management by objectives process of the respective division head. The division head will further break down the

goals into individual objectives for his direct reports. The section and group heads will do the same on their level.

This process translates into the definition of personal objectives for each employee by his or her line manager and

mid-year and end-of-year performance evaluations, including personal development needs.

The achievement of the objectives is assessed regularly in a formal annual process. On a strategic level, the

Report on the impact and accountability of banking supervision 21

executive board updates the board of directors twice a year. In case the objectives are not expected to be achieved,

the executive board can take corrective measures.

An array of quantitative indicators provides a useful basis for measuring overall

performance. Where possible, performance indicators are developed in a SMART way (ie specific,

measurable, attainable, relevant and time-bound). Sparrow (2008) argues that supervisors can better

prove the plausibility of a causal relationship by reducing the level of abstraction at which effects are

measured. Supervisors may be able to better demonstrate overall effectiveness through a series of

successful results at a more measurable level to provide a plausible and compelling picture. This process

can be complemented with clear ambition levels against which to compare supervisory performance.

These can come from past performance, from the performance of peers or from a professional or

industry standard such as the IMF-World Bank FSAP. Benchmarking might particularly be a useful tool

when a specific pattern is unusual.

To provide a full picture, these quantitative indicators can be complemented with

qualitative indicators. Because of the methodological aspects discussed earlier, performance

measurement based solely on quantitative indicators does not necessarily provide a complete picture. It

does provide a constructive basis for discussion, but findings have to be verified and supported by

qualitative evidence. To this aim, many supervisors have developed additional qualitative tools to assess

supervisory effectiveness.

Box 5 – Supportive qualitative evidence

In order to consider a causal relationship, the UK applies a “reasonable man test”, whereby a reasonable individual

could conclude that, on balance, there is likely to be a causal link between actions and outcomes. Supervisors can

further increase plausibility by developing a logical “contribution story” that credibly explains how supervisory

activities have resulted in observed outcomes. Supervisors can thus provide reasonable evidence about the

contribution of their supervisory interventions.

Also some supervisors have indicated that they qualitatively assess the impact of recommendations by

supervisors through routine supervision, or onsite and offsite monitoring. In addition, supervisors may perform

individual “deep dives” on specific issues, which provide indicative evidence of the impact on supervision. Finally,

some jurisdictions make use of stakeholder surveys to assess supervisory effectiveness. These are based on

questionnaires or interviews with supervised entities – often on an anonymous or confidential basis – which provide

relevant feedback about the impact of supervision.

Frequent reporting facilitates regular discussions about progress and provides a feedback

loop into the supervisory process. Senior executives of supervisory agencies can effectively monitor

whether supervisors meet their operational, tactical and strategic objectives when they receive regular

management information reports on all the different performance indicators in the overall framework.

The report could for example indicate whether supervisory resources are adequately allocated, if

supervisory activities are on track, whether supervisory outputs and prudential outcomes are being

reached, and how these prudential outcomes are leading to a reduction in the impact or probability of

failure of firms and ultimately improving the safety and soundness of the financial system. This reporting

process can be supported by a formal escalation ladder to determine the timing and planning of

corrective action. Most of the surveyed countries provide reports on supervisory activities (MIS,

dashboards, key performance indicator reports). Some of these reports are automated with key figures,

such as the number of risk profiles prepared, meetings with entities, onsite reports and timely

examination report issuance. Others are a package on the risk profile and performance of the financial

system as a whole, with commentary on any significant movements.

22 Report on the impact and accountability of banking supervision

Box 6 – Structured data set

To support the process of performance measurement, supervisors can benefit from a good data set by which they

register and monitor the follow-up and results of their supervisory actions.

For example, the OCC and Federal Reserve (United States) have “matters requiring attention” (MRAs)

processes, which identify required actions by institutions that are tracked separately in the OCC’s and Federal

Reserve’s information systems. The Federal Reserve also utilises “matters requiring immediate attention” (MRIAs) for

the most pressing issues. If institutions do not resolve MRAs or MRIAs in a timely or effective manner, the US

agencies will take corrective measures. Aggregated MRA and MRIA data are reported to senior management.

Outcomes can be measured by timeliness of resolution, increases/decreases in the number of closed, repeated, and

outstanding MRAs/MRIAs and management ratings.

At the ACPR (France), the Financial Affairs Department collects and monitors on a quarterly basis the

performance results, which are divided into 17 key performance indicators divided into four strategic areas.

Korea’s Financial Supervisory Service (FSS) monitors the effects of supervision before and after policy

implementation by operating an internal supervisory database as well as an information exchange system set up

between the FSS and financial institutions. To evaluate the effectiveness of individual supervisory programmes, the

FSS uses statistical impact analysis and survey methods reflecting market data on both an ex ante and ex post basis.

The Bank of Italy has two informative tools respectively for analysts (SIGMA) and senior management

(SMART). The former contains a dosser on supervised entities, including SREP outcomes and supervisory measures

taken and actions planned for the next year. The latter is a dashboard that presents synthetic offsite and onsite

supervisory data, as well as timely market and qualitative information.

4.5 Control and quality assurance

Impact assessment can be supported by an internal quality assurance process as a means of

challenging the findings and intended outcomes of supervisory plans. Checks and balances within

the supervisory process provide a critical review of activities and thereby enhance effectiveness. In

accordance with what is expected from banks in their risk management, many supervisors apply a three-

lines-of-defence model to assess their own processes to monitor performance and effectiveness.

First, supervisors are responsible for critically evaluating their own activities within their

day-to-day operations, both as an organisation and at a business unit level. For the most part, the

focus of these assessments are on supervisory outcomes, although many supervisors also pay

considerable attention to the efficiency of their processes, taking into account the number of supervisory

activities, timeliness and resource allocation. Typically, the results of these assessments are factored into

an organisational risk assessment which drives planning for future supervisory activities.

Second, the supervisory process can be supported by a control mechanism to monitor,

coordinate and challenge planned operational activities. Most supervisors have such processes in

place to measure and account for their activities, for example by using benchmarks or internal checks

and balances within existing governance arrangements. Typically, supervisors rely on line management

and existing reporting lines to assess the impact of their supervisory activities. Often this is

supplemented by strategic planning and financial control functions. Some jurisdictions also incorporate

supervisory self-assessments into their assessment.

Report on the impact and accountability of banking supervision 23

Box 7 – Organisational structure of internal control

Some countries have in place formal and structured processes to monitor and assess the impact of their supervisory

actions through the creation of a separate unit to assess supervisory effectiveness.

Such a separate unit can be an effective means of explicitly ensuring quality assurance within the

supervisory organisation. It operates independently with responsibility for strengthening internal control, measuring

performance and executing ad hoc reviews and deep dives. This unit can report to the supervisory teams and to the

executive board. For these analyses to be effective, this unit typically comprises experts who are familiar with the

core supervision processes.

For other jurisdictions, this review and evaluation is an implicit component of their ongoing supervisory

operations within their business line, for example, through intercollegial reviews and challenge sessions.

Finally, validation is a key component in the assessment of supervisory effectiveness.

Internal reviews concentrate on the qualitative aspects of the supervision activities – reviewing the

timeliness of actions and relevance and quality of recommendations made, as well as checking for

compliance against the documented policies and procedures. The findings from these reviews feed back

into the planning process.

24 Report on the impact and accountability of banking supervision

5. Accountability

As noted in the previous section, supervisors are placing greater emphasis on performance

measurement to demonstrate how their efforts and actions contribute to financial stability. Increased

understanding about the impact of supervision can also contribute to strengthening the accountability

of supervisors.

5.1 A balanced system

Accountability is a generic concept which may be interpreted in different ways. According to

Marshaw (2006), it encompasses at least six important elements: (i) who is liable; (ii) to whom; (iii) what

are they liable for; (iv) through what processes is accountability assured; (v) by what standards; and (vi)

what are the potential effects when standards have been breached?

This section explores the elements of both internal and external accountability. The former

refers to internal processes and procedures that guide the supervisory process, including checks and

balances and a clear division of roles and responsibilities to ensure well founded actions and decisions,

while the latter refers to arrangements by which supervisors are responsible for their actions to external

stakeholders.

Financial supervisors have developed various initiatives to demonstrate how their actions

contribute to financial stability. Accountability gives insight into the role of supervision and the results

that it can achieve, thereby contributing to the effective management of expectations. In this context, it

also strengthens supervisors´ willingness to act and to deliver sound supervisory outcomes.

An independent institutional setting is important for effective supervision. Supervisors are

given an independent position and are delegated a wide range of powers to regulate and supervise

banks. This reflects the notion that regulatory and supervisory independence is important to financial

stability for the same reasons that central bank independence is important to monetary stability (Quintyn

and Taylor (2002)). It enables supervisors to carry out their activities based on their mandate and

technical expertise and to withstand industry and political interference.

Supervisors need to demonstrate that they operate under good governance and

according to their mandate and objectives. Financial stability is a public objective and political leaders

are ultimately held responsible by the general public for a sound and stable financial sector, even when

this task has been delegated to an independent authority. Accountability reinforces checks and balances

and is a key element in maintaining public confidence in the banking system. Accountability of financial

supervision is particularly important when decisions are made that may involve public money.

The ability to demonstrate supervisory impact enhances supervisory accountability. As

indicated in Section 3, supervisors aim to be transparent in defining objectives and setting clear

expectations. In the same context, transparency also provides a basis for accountability by reporting to

what extent these objectives have been achieved. Similar to the implementation of monetary policy,

there has been a clear trend towards more openness in the performance of banking supervision in

recent years (Angeloni (2015)). All jurisdictions have taken steps to enhance transparency about their

strategies, supervisory frameworks and policies, including through the publication of this information in

their annual report and other regular publications. Transparency puts supervisors’ actions and decisions

under public scrutiny. At the same time, supervisors strive to remain independent and respect legal

confidentiality requirements.

These different aspects of operational independence, accountability and transparency are

not mutually exclusive; on the contrary, they interact. A strong accountability regime strengthens

independence, because it provides legitimacy to the financial supervisor (Quintyn, Ramirez and Taylor

Report on the impact and accountability of banking supervision 25

(2007)). If a supervisor is transparent, it can reinforce its authority and independent position (Iglesias-

Rodriguez (2014)) by explaining its objectives and, where appropriate, its activities and decisions. A

balanced system of accountability, incorporating these elements is consistent with the Basel Core

Principles, which determine that

• “The operational independence, accountability and governance of the supervisor should be

prescribed in legislation and publicly disclosed.” (Principle 2, Essential Criterion 1)

The following two sections will describe different practices on internal governance and

accountability to external stakeholders.

5.2 Internal accountability

Effective decision-making benefits from a strong internal organisation and a clear division of

responsibilities. This naturally follows from the hierarchical structures within the institution. All staff

members within a supervisory agency are, to varying degrees, accountable for their actions and play a

role in internal accountability. It is apparent that greater responsibility is placed on senior officials within

each agency to ensure the organisation remains accountable for its actions. In some jurisdictions, a

formal framework of responsibilities is established through the use of protocols, authorisation matrices

or delegations to assign decision-making authority. This particularly relates to measures that have formal

status or consequences (eg the granting of an operating license).

Most jurisdictions have a structured process in place for decision-making that includes

internal checks and balances. The internal decision-making process is typically risk-focused and

provides for considerable judgment by supervisory staff. Some countries allow certain decisions to be

made by middle and senior management, while other decisions must be made by higher-ranking staff

within the organisation such as deputies, general secretaries or governors (not precluding questions

flowing upward to management or downward to staff). Typically, significant issues or problems at larger

institutions are brought to the attention of more senior supervisory staff. This follows from the

hierarchical organisation structure and internal procedures, including formal escalation ladders. A

number of jurisdictions noted “sign-off” procedures for approving important supervisory documents.

The types of decision that are usually delegated vary across jurisdictions. Some countries also utilise

committee structures for deliberating and decision-making. These committees are often organised by a

certain type of risk (such as liquidity or capital) or by an institution type (such as large complex banks, or

smaller banks).

Most jurisdictions maintain an internal code of conduct or code of ethics for supervision

staff. Several jurisdictions noted that staff undergo a security clearance process and are required to sign

a code of conduct and ethics policy covering areas such as disclosures of conflicts of interest and

financial transactions as well as personal probity. In addition, countries described codes of conduct that

included recusal requirements and mandatory cooling-off periods or other post-employment restrictions

for staff after working at the supervisory agency. For some jurisdictions, senior officials must comply with

a more stringent code of conduct in comparison to regular staff. Often, staff are required to take annual

tests or refresher courses on the organisation’s code of ethics. A number of jurisdictions explicitly

indicated that they have confidentiality provisions that prohibit staff from disclosing confidential

supervisory information such as reports of examination and proprietary bank information both during

and after their employment. Such provisions are important to ensure that staff and officials do not use

information they obtain as a supervisor for personal gain.

Organisations also maintain audit and/or quality assurance functions to assess whether

internal processes are being appropriately followed. Nearly all jurisdictions apply some form of

internal audit process, which supports internal accountability. In addition, numerous jurisdictions

described their quality assurance functions, which are separate but often similar to their internal audit

functions. These functions’ primary outputs include audit or quality assurance reports. In general, audit

26 Report on the impact and accountability of banking supervision

and quality assurance function activities and reports are risk-based. Jurisdictions indicated that most of

these reports were summaries that were completed annually, although sometimes reporting was more

frequent, such as biannually, quarterly or monthly. These reports include a wide range of performance

indicators to judge progress against supervisory review plans for institutions, such as follow-up activities

on recommendations to banks during the examination process. Fewer jurisdictions commented on

external audit activities. Nevertheless, the countries commenting on external audit noted that national

audit offices, inspector general offices, or other external governmental bodies conduct periodic reviews,

typically ranging from annually to every five years, which can be conducted more frequently based on

the situation.

Supervisors are also subject to reviews of their regulatory framework and internal

processes by external organisations. In addition to external audits, supervisory processes in nearly all

countries are periodically reviewed by other external parties, such as the IMF, FSB, BCBS and the

European Banking Authority (EBA). The combination of existing internal processes and checks and

balances and these external reviews provide a variety of perspectives on effectiveness and help to

enhance accountability.

Box 8 – Reviews by external organisations

The IMF-World Bank FSAP Program assesses risks to financial stability and often reviews compliance with

international supervisory standards. In addition, the FSB peer review programme monitors the implementation

progress of these recommendations.

The RCAP is a programme of the Basel Committee to monitor the timely adoption of Basel III standards,

and to assess the consistency and completeness of the adopted standards including the significance of any

deviations in the regulatory framework.

A tool used by the European Banking Authority (EBA) to foster consistency in supervisory outcomes is the

peer review of (specific aspects of) activities of competent authorities, in line with Article 30 of the EBA regulation.

The peer review work is carried out by the EBA’s Review Panel, using a methodology agreed by the EBA’s Board of

Supervisors. The peer reviews assess in particular the adequacy of competent authorities’ resources and governance

arrangements, especially regarding the application of EBA regulatory measures; the degree of convergence in the

application of European laws, EBA regulatory measures and supervisory practices; and the best practices developed

by competent authorities. The results of a peer review can lead to identification of best practices, or to issuance of

guidelines and recommendations, as appropriate.

More specifically the peer review consists of (a) a self-assessment undertaken by competent authorities;

(b) a follow-up review by peers (other competent authorities) phase; leading to (c) on-site visits to competent

authorities based on the outcomes of the desk-based (off-site) peer review. The three-stage peer review assessment

is intended, inter alia, to provide various examples of good supervisory practices and to identify possible weaknesses

in other supervisory practices.

5.3 Accountability to external stakeholders

External accountability arrangements reflect different types of stakeholders. These arrangements

also reflect the institutional design of supervision, where an independent supervisor acts as an agent to

which a public task has been delegated and which is responsible for demonstrating to the principal (the

community) that it has acted according to its mandate. Practices in different jurisdictions may differ

depending on legal requirements and supervisors’ mandates. The Basel Core Principles prescribe that

• “The supervisor publishes its objectives and is accountable through a transparent framework for

the discharge of its duties in relation to those objectives.” (Principle 2, Essential Criterion 3)

Report on the impact and accountability of banking supervision 27

External stakeholders can broadly be categorised into four major groups:

1. General public: Members of the general public are the ultimate users of bank services. Effective

supervision that contributes to a well functioning and sound banking system can have a

significant effect on public confidence.

2. Executive bodies (government): Some supervisors are an integral part of the government and

are accountable directly to executive bodies of the government through an internal reporting

process. Others operate as statutory bodies and their operations are independent from the

government. In the latter case, supervisors may nevertheless consider executive bodies to be

external stakeholders even if they are not legally accountable.

3. Legislative bodies (parliament): As the approving body for the relevant laws that confer the

mandates and powers of supervisors, legislative bodies frequently have oversight responsibility

for supervisory authorities. Supervisors are therefore typically accountable to their respective

legislative bodies to ensure that the powers delegated to them are exercised appropriately and

that their operations are effective and in line with their mandates and objectives.

4. Supervised institutions: Supervisors are typically not directly and formally accountable to the

institutions they supervise. However, as these institutions are directly affected by rules imposed

and actions taken by supervisors, it is important for supervisors to explain to institutions the

rationale for the rules and actions and to foster objectivity and fairness in the supervisory

process.

External accountability can be supported by effective channels through which supervisors

can disseminate relevant information to allow stakeholders to make informed judgments.

Publications and face-to-face interaction are the two key channels supervisors most commonly employ

to disseminate information and promote accountability. Publications take a variety of forms, including

but not limited to annual reports, ad hoc reports and bulletins, internal supervisory rules and policies

that are made available to the public, and external party review reports. Face-to-face interaction also

takes different forms for different stakeholder groups. For example, such interaction can include formal

appearances or hearings before a parliament or congress, private meetings with legislative staff,

speeches, press conferences, or informal media contacts. In these cases, supervisors do not just

disseminate information, but also may respond on the spot to any questions and challenges raised by

the audience.

There are differences in practices as to how these information channels are used by

supervisors and how information is disseminated through these channels. This is not surprising

given the nature of different stakeholders, and the confidentiality requirements of different jurisdictions.

28 Report on the impact and accountability of banking supervision

Accountability towards external stakeholders

Table 4

Stakeholder Role / Interest Main type of Information Purpose Illustrative Examples

General

public

Ultimate users of

banking services

Publications (mass-media)

with high-level information

on an aggregate basis.

Promote public

confidence and

awareness.

Inform the public how

supervisors operate

within their mandate

and protect public

interests.

Annual reports, periodic

bulletins, general

information on banking

laws and rules,

supervisory approaches

and regulatory tools. Ad

hoc publication of

information on supervised

institutions if deemed

appropriate (including

publication of fines).

Executive

bodies

(government)

May be directly

responsible for

delegating or

delegated tasks to

supervisors.

Frequent, informal

information sharing on

relevant developments and

aggregate prudential

information, as well as

institution-specific

information in exceptional

circumstances (eg crisis).

Oversee the activities

of the independent

statutory body and

provide discharge of

its supervisory duties.

Regular reports,

statements of

expectations, memoranda

of understanding,

accountability

arrangements.

Legislative

bodies

(parliament)

Approving body for

relevant laws.

More formal interaction on

a regular, structured basis.

Information in aggregate

form.

Statutory oversight

responsibility that

supervisory powers

are exercised

appropriately.

(Written) testimonies,

public hearings, special

reviews, ad hoc reports.

Supervised

institutions

Directly affected by

actions of

supervisors.

General rules and

responsibilities.

Supervisory feedback on

examination findings.

Ensure that

supervisory processes

are transparent, fair

and objective and that

policies are operable.

Supervisory dialogue.

consultation papers,

industry meetings. Formal

or informal procedures to

challenge supervisory

action or provide

feedback.

5.4 Overview of practices

The following section provides an analysis of practices adopted by surveyed supervisors for disclosing

information to each of the four external stakeholder groups. Examples of specific practices are also

highlighted in the analysis.

1. General public

Publications are generally viewed as the most effective means of communicating to the general

public. The Task Force survey noted that publication of regular reports, such as annual reports and

periodic bulletins, is the channel most commonly adopted by the surveyed supervisors. While face-to-

face interaction is conducted by a few surveyed supervisors, the interaction is normally conducted

through mass media.

Surveyed supervisors are generally very transparent to the general public about their

mandates and objectives. While high-level in nature, this information is important in the context of

accountability as it ensures that the general public is aware that supervisors are operating with mandates

to protect their interests. Much of the information is high-level and in aggregate form, because most

Report on the impact and accountability of banking supervision 29

supervisors can only disclose firm-specific supervisory information due to legal confidentiality

requirements and financial stability considerations.

Publications

All surveyed supervisors publish their banking laws, supervisory rules, policies and guidance to give the

general public a good understanding of the supervisors’ mandates and objectives as well as their

supervisory frameworks and regulatory tools.

The annual report is the publication common to all supervisors. All surveyed supervisors

publish annual reports, sometimes as specified by law. In addition to providing annual reports to the

general public, some surveyed supervisors submit their annual reports to executive or legislative bodies,

sometimes through the ministry of finance. In some cases, the report addressed to the general public

differs from the one addressed to legislative/executive bodies.

In addition to high-level qualitative information, such as supervisory mandates, objectives, and

plans, annual reports usually contain more detailed information on the performance and achievements

of supervisors. The information may include, for example, the number of authorisations approved,

examinations conducted, enforcement actions taken, details of supervisory actions initiated during the

year, and information regarding major improvements in the agency’s management, organisation and

supervisory practices.

Annual reports often contain statistics on the positions and performance of the banking

industry. Most surveyed supervisors disclose this information in aggregate form, such as the overall asset

quality, liquidity levels, and capital adequacy of the banking sector.

In addition to annual reports, all surveyed supervisors publish periodic reports or

bulletins that include detailed information on banking industry statistics. Most supervisors disclose

their risk assessments of the banking industry through periodic publications. Many supervisors also

disclose the results of various stress tests (for example, the US Federal Reserve’s Comprehensive Capital

Analysis and Review and the comprehensive assessment of the Single Supervisory Mechanism (SSM) for

euro zone banks).

Some supervisors indicate that they may also disclose institution-specific information to

the public under their legal regime or under specific circumstances. There have been some

illustrative examples (the London Whale, FX manipulation, the Banca Monte dei Paschi di Siena in Italy)

where supervisors have published institution-specific findings. Publication of the findings was important

to make the supervisory actions accountable and to underline to the banking industry that such

behaviour would not be tolerated. The information raises public awareness of the latest developments in

the banking industry and the public’s ability to evaluate the effectiveness of specific actions taken by

supervisors.

Some surveyed supervisors have taken further steps. These include disclosing their

supervisory work programmes, supervisory performance benchmarks or thresholds, although this is still

not a common practice. Less than half of the surveyed supervisors disclose information on their

performance against specific objectives, key performance indicators or thresholds. Examples include

supervisory performance against pre-defined benchmarks or pledged service standards. Apart from the

publication of reports prepared by supervisory agencies, many surveyed supervisors consider that the

publication of peer review and assessment reports prepared by international organisations, such as the

FSAP reports by the IMF, are important channels for the general public to better understand how well

supervisors in their jurisdictions have performed compared with other supervisors in terms of adherence

to international regulatory and supervisory standards and principles.

30 Report on the impact and accountability of banking supervision

Face-to-face interaction

Some surveyed supervisors organise periodic meetings and briefing sessions for the media to

deliver messages to the public. Information is shared with the media after regular releases of major

reports in relation to the banking and financial systems, or announcements of results of important

banking system assessment exercises. The information disseminated through this channel includes

analysis of the current conditions of and challenges faced by the banking sector, major supervisory

initiatives/actions taken by supervisors and their supervisory priorities. Such arrangements provide a

basis for external stakeholders to evaluate the performance of supervisors, and enables supervisors to

respond to queries raised by the media or the public.

2. Executive bodies

There are different ways to organise accountability to executive bodies. Depending on their

organisation and structure, some supervisors are an integral part of executive bodies, while others

operate more independently from executive bodies. Regardless of different institutional arrangements,

executive bodies usually (but not always) have direct oversight responsibility over supervisors. Therefore,

in almost all surveyed jurisdictions, executive bodies have access to a very comprehensive set of

supervisory information, including aggregate prudential indicators of the banking industry, supervisory

performance and achievements and in some cases supervisory performance measured against specific

benchmarks or thresholds.

Some surveyed supervisors also allow executive bodies to have access to institution-

specific information under specific circumstances. This includes key financial indicators and specific

supervisory measures and actions taken against individual institutions, which are not normally made

available to the public. Executive bodies’ access to such institution-specific information can be

particularly important in maintaining the soundness and orderly functioning of the financial system,

particularly during crisis situations.

Publications

To enhance accountability to executive bodies, a number of surveyed supervisors have entered

into formal accountability arrangements. Statements of expectations/intent or memoranda of

understanding with executive bodies have been used to set out institutional details. Such agreements

highlight executive bodies’ expectations about the roles and responsibilities of supervisors, and how the

supervisors will meet the executive bodies’ expectations. These administration agreements are often

published to enhance transparency.

Apart from publicly available reports, many surveyed supervisors submit regular reports

to executive bodies. These are submitted, in particular to the Ministry of Finance, to provide updates on

developments among individual institutions and of the banking industry as a whole. The information in

these reports may include details such as:

• Financial indicators of the banking industry;

• Information on noteworthy events occurring at systemically important institutions;

• Extreme events at smaller institutions that are of material importance to the financial system;

• Supervisors’ assessments of the industry and individual institutions; and

• Proposed supervisory responses to address risks identified.

Many surveyed supervisors also submit regular reports to executive bodies on the progress of

noteworthy international supervisory discussions, or on the conclusion of cooperation agreements with

foreign supervisory authorities such as memoranda of understanding. Most surveyed supervisors also

submit ad hoc reports to executive bodies, such as detailed situation reports updating the executive

Report on the impact and accountability of banking supervision 31

bodies on the status of troubled institutions, and reports on the impact of newly introduced supervisory

policies on the financial system.

Some surveyed supervisors are subject to external audits or external stakeholder surveys on

their efficiency and submit these independent reports to executive bodies.

Face-to-face interaction

In addition to providing different publications and reports to executive bodies, all surveyed

supervisors have frequent contacts with executive bodies. Contacts are mainly through the Ministry

of Finance or equivalent bodies on supervisory-related matters. In some cases these contacts may be

necessary for formal planning purposes, while in other cases such contacts may be more informal in

nature. The contacts include regular meetings, usually on a monthly or quarterly basis, for supervisors to

give an update on areas such as developments in the banking industry, risk assessment of the banking

industry and related supervisory responses and major supervisory achievements. In some cases these

meetings may focus more on financial stability matters rather than on institution-specific issues.

Surveyed supervisors also have ad hoc meetings with executive bodies to communicate

specific matters. This may include discussion of events that could have a significant impact on

individual institutions or the banking system, or to give advance notice of the impending issuance of

major supervisory measures. During crisis situations, most surveyed supervisors collaborate with

executive bodies to devise crisis management strategies.

3. Legislative bodies

In general, supervisors are accountable to legislative bodies. This ensures that the power delegated

to them is exercised under sound governance, and that their operations are effective and in line with

their mandates and objectives. Because legislative bodies (as opposed to the general public and

supervised institutions) typically have statutory oversight responsibility for supervisors, the accountability

channels are often more formal and structured, and adequate information is provided to them to enable

them to effectively review their supervisory activities. In some cases, legislative bodies can invoke their

vested powers to make formal inquiries into specific incidents.

Publications

All surveyed supervisors provide written submission of information to legislative bodies. This is

organised through testimonies or hearings, or in response to ad hoc requests. Some surveyed

supervisors also submit performance or self-assessment reports to legislative bodies, sometimes through

the ministry of finance. Supervisory information provided to legislative bodies is normally in aggregate

form. Although some legislative bodies have the statutory power to obtain confidential supervisory

information from supervisors, that power seems to be invoked only in rare circumstances.

Sometimes, legislative bodies conduct special reviews of supervisory topics such as the

regulatory framework governing supervisors, or specific incidents such as bank failures or alleged

supervisory failures. Reports issued following such reviews are frequently made public.

Face-to-face interaction

Surveyed supervisors often have regularly scheduled face-to-face interaction with legislative

bodies. The frequency of such interaction varies among jurisdictions. Most surveyed supervisors

participate in regular testimonies or hearings before legislative bodies and their committees, usually on a

quarterly or half-yearly basis. Testimonies to legislative bodies are usually attended by the head of the

supervisory agency. In some jurisdictions, the testimonies are performed through executive bodies such

as the ministry of finance.

32 Report on the impact and accountability of banking supervision

These regular testimonies often follow a standard agenda for surveyed supervisors to update

the legislative bodies on, among other things, the latest developments in the banking industry, the

supervisors’ risk assessment of the industry, and the corresponding supervisory priorities. Most surveyed

supervisors also make ad hoc appearances before the legislative bodies to address their queries, such as

on the root causes of major supervisory incidents, the justifications for major supervisory actions, and

the rationale for proposing major supervisory rules or policies. Supervisors may also meet privately with

legislators or their staff to provide information and respond to questions on various supervisory matters.

Taking into account both regular and ad hoc testimonies, some surveyed supervisors attended more

than 10 testimonies before their respective legislative bodies in a year.

4. Supervised institutions

Supervisors aim to develop supervisory processes that are transparent, fair and objective to

supervised institutions. Many surveyed supervisors establish direct channels to engage the banking

industry and individual institutions on matters including general developments in the industry,

development of supervisory rules and policies, and specific supervisory duties and actions. There are also

channels for the banking industry or individual institutions to make representations or appeals against

supervisory actions or decisions.

Publications

Supervisors engage in regular contact with the industry. To avoid possible impediments when

implementing supervisory policies and rules, it is common for surveyed supervisors to engage the

banking industry throughout the policy development process. In doing so, supervisory objectives,

assessment methodologies and other operational issues are disclosed to supervised institutions and

other stakeholders.

A common practice is for supervisors to issue consultation papers. These consultations set

out to the industry and public the justifications for the proposed policies and related implementation

arrangements, and seek their feedback on the proposals. Most surveyed supervisors have such practices

in place. These supervisors typically provide formal responses setting out whether or not industry and

public feedback was accepted. In some cases, the consultation is conducted through committees

consisting of representatives of the banking industry and professional trade associations. In some

jurisdictions, such prior consultations are required by law while others are initiated by the supervisors. In

some other cases, the results of related impact analyses would also be disclosed to the industry before

issuing new supervisory rules.

Some surveyed supervisors also engage the banking industry and other relevant stakeholders

at a very early stage of policy development by issuing concept papers, before any formal consultations

are conducted, to introduce a new policy framework and explain the rationale behind it.

Many surveyed supervisors have established a structured process for communicating

supervisory findings and the corresponding supervisory actions to the institutions concerned. For

cases of non-compliance with banking law or supervisory rules, most surveyed supervisors document the

details of non-compliance, the decision and rationale for taking any supervisory actions against the

institutions concerned, and any arrangements whereby the institutions can respond to supervisory

decisions.

Face-to-face interaction

Most supervisors meet with industry representatives or participate in industry working groups to

address questions concerning proposed supervisory rules and policies. These dialogues provide an

opportunity for supervisors to explain the proposed rules and supervisory expectations. Some

supervisors are required to formally document these meetings in the interests of public transparency.

Report on the impact and accountability of banking supervision 33

Subsequent to the implementation of rules/policies, some surveyed supervisors also organise industry

briefings to clarify or reinforce supervisory expectations in the light of actual implementation experience.

Some surveyed supervisors also participate in regular or ad hoc meetings with banking industry

associations. These meetings allow supervisors and the banking industry to exchange views on overall

developments in the banking industry, major risks and challenges, and supervisory initiatives. A number

of these supervisors indicate that they would take into account the industry’s input from these meetings

for their updating of supervisory objectives, priorities and work programmes.

In addition, some surveyed supervisors have established mechanisms to facilitate institutions to

formally challenge supervisory actions taken or decisions made by supervisors, or to provide feedback

on how the supervisors have met their supervisory objectives and discharged their functions.

Box 9 – Accountability within the Single Supervisory Mechanism (SSM)

The Single Supervisory Mechanism (SSM) comprises the ECB and the national competent authorities (NCAs). The

ECB has responsibility for effective European supervision in the euro area, and directly supervises the “significant

institutions”, through joint supervisory teams (JSTs) which include both ECB and NCA staff. Supervision of the “less

significant” institutions remains with the NCAs, leaving the ECB to play a coordinating role and oversee the NCAs’

functioning.

The SSM regulation explicitly states that the ECB “is to act independently when carrying out its supervisory

tasks”. At the same time,”any shift of powers from the Member States to the Union level should be balanced by

appropriate transparency and accountability requirements”.

Ter Kuile et al (2015) distinguish three elements of accountability: political, administrative and legal

accountability. Political accountability refers to the fact that the ECB is accountable to both the European Parliament

and the Council. In accordance with the SSM regulation, the ECB must submit an annual report on the execution of

its tasks. Furthermore, the chair of the Supervisory Board can be heard by the Eurogroup or by the competent

committees of the European Parliament and the ECB must reply to questions. Also, the Supervisory Board chair must

hold confidential discussions with Parliament, when this is required for the exercise of the Parliament’s powers under

the European Treaty. Finally, the ECB must provide to Parliament a comprehensive and meaningful record of the

proceedings of the Supervisory Board, including an annotated list of decisions.

Administrative accountability consists of the internal organisation within the ECB of its supervisory tasks. It

includes the internal processes within the ECB and the procedures for decision-making, including the role of the

Supervisory Board – which does all the planning and preparatory work – and the Governing Council which adopts

the draft decisions. Last, legal accountability reflects the accountability of the SSM to the courts. This is based on a

mixed administration where the ECB and national competent authorities can be held accountable to the European

court as well as to national courts for their respective responsibilities.

34 Report on the impact and accountability of banking supervision

6. Observations

This report is a range-of-practice study. Sharing international experiences makes an important

contribution to the continuing development of effective supervisory practices and provides an

opportunity to identify emerging trends for further strengthening of supervisory processes. Based on

responses to the questionnaires and discussions within the group, several observations have come up,

which may provide a basis for further discussion.

1. A comprehensive framework that clearly translates the (multi-year) strategic objective(s)

into supervisory actions offers useful guidance to the supervisory process. Consistently

and coherently linking a national supervisor’s overall mandate with its activities promotes the

development of actionable strategic objectives, prioritises its actions and focuses on the

intended outcomes. This can be organised through a top-down or a bottom-up process with

close involvement at the board or senior executive level. A framework which defines and

clarifies the objectives and supervisory actions ex ante also provides a strong basis for

evaluating the impact of supervision ex post.

2. Clear communication to stakeholders and supervised institutions can contribute to a

more constructive dialogue. Supervisors have become more transparent and have developed

various ways to inform their stakeholders about their objectives. By showing the choices they

make in their supervisory strategies and the intended effects of their actions, supervisors can

make their actions more effective.

3. Using a broad range (portfolio) of indicators that operate at different levels of the

supervisory process can provide a consistent and cohesive overview of supervisory

effectiveness. There is no single indicator that uniquely captures supervisory effectiveness.

Supervisors can mitigate methodological problems in measuring effectiveness if they apply a

wide variety of performance metrics to assess the impact of supervision. Through constant

monitoring and evaluating, supervisors can assess what works best and understand how their

actions contribute to the achievement of their objectives.

4. Translating the overall objectives into both measurable and qualitative indicators can

reduce the level of abstraction and focus the monitoring process. Quantifiable indicators

with clearly defined targets of ambition provide informative input for further discussion. The

overall evaluation of effectiveness is best considered within the relevant context, which for

example could consist of supportive, plausible (qualitative) evidence.

5. Regular management reports create an important feedback loop. Evaluating supervisory

impact benefits from frequent reporting to senior management or board level, monitoring and

discussing progress and possibly adjusting supervisory action. To support this process, good

management information systems are important to register the follow-up and results of

supervisory measures.

6. A structured control and quality assurance process supports the supervisory cycle. The

design of supervisory actions and intended impact can be improved if supervisors are

challenged by other experts within the organisation, following a structure approach. This

responsibility can be assigned to a separate, dedicated department or through internal checks

and balances within the existing governance structure.

7. Decision-making and supervisory processes benefit from clear internal processes and

procedures. This includes rules about delegation, guidelines for internal decision-making and

regular internal reporting. This provides for checks and balances within the organisation.

8. Various mechanisms for promoting external accountability have been implemented.

These include the establishment of channels for supervisors to disseminate relevant information

Report on the impact and accountability of banking supervision 35

to allow different stakeholder groups to make informed judgments. These include a mixture of

peer reviews, stakeholder analyses and external evaluations that offer a broad picture from

various perspectives. A well designed system of accountability supports operational

independence, strengthens supervisory authority and enhances transparency of supervisory

actions and decisions, without disclosing confidential institution-specific information.

36 Report on the impact and accountability of banking supervision

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38 Report on the impact and accountability of banking supervision

Annex A – Selected Basel Core Principles of Effective Banking Supervision

This report of the Task Force on Impact and Accountability (TFIA) is based on the relevant Basel Core

Principles of Effective Banking Supervision and most importantly on Principles 1 and 2, which are

included below.

Principle 1: Responsibilities, objectives and powers

An effective system of banking supervision has clear responsibilities and objectives for each authority

involved in the supervision of banks and banking groups.5 A suitable legal framework for banking

supervision is in place to provide each responsible authority with the necessary legal powers to authorise

banks, conduct ongoing supervision, address compliance with laws and undertake timely corrective

actions to address safety and soundness concerns.6

Essential criteria

1. The responsibilities and objectives of each of the authorities involved in banking supervision7

are clearly defined in legislation and publicly disclosed. Where more than one authority is

responsible for supervising the banking system, a credible and publicly available framework is in

place to avoid regulatory and supervisory gaps.

2. The primary objective of banking supervision is to promote the safety and soundness of banks

and the banking system. If the banking supervisor is assigned broader responsibilities, these are

subordinate to the primary objective and do not conflict with it.

3. Laws and regulations provide a framework for the supervisor to set and enforce minimum

prudential standards for banks and banking groups. The supervisor has the power to increase

the prudential requirements for individual banks and banking groups based on their risk

profile8 and systemic importance.9

4. Banking laws, regulations and prudential standards are updated as necessary to ensure that

they remain effective and relevant to changing industry and regulatory practices. These are

subject to public consultation, as appropriate.

5. The supervisor has the power to:

(a) have full access to banks’ and banking groups’ Boards, management, staff and records

in order to review compliance with internal rules and limits as well as external laws and

regulations;

(b) review the overall activities of a banking group, both domestic and cross-border; and

5 [In this document], “banking group” includes the holding company, the bank and its offices, subsidiaries, affiliates and joint

ventures, both domestic and foreign. Risks from other entities in the wider group, for example non-bank (including non-

financial) entities, may also be relevant. This group-wide approach to supervision goes beyond accounting consolidation.

6 The activities of authorising banks, ongoing supervision and corrective actions are elaborated in the subsequent Principles.

7 Such authority is called “the supervisor” throughout this paper, except where the longer form “the banking supervisor” has

been necessary for clarification.

8 [In this document], “risk profile” refers to the nature and scale of the risk exposures undertaken by a bank.

9 [In this document], “systemic importance” is determined by the size, interconnectedness, substitutability, global or cross-

jurisdictional activity (if any), and complexity of the bank, as set out in the BCBS paper on Global systemically important banks:

assessment methodology and the additional loss absorbency requirement, November 2011.

Report on the impact and accountability of banking supervision 39

(c) supervise the foreign activities of banks incorporated in its jurisdiction.

6. When, in a supervisor’s judgment, a bank is not complying with laws or regulations, or it is or is

likely to be engaging in unsafe or unsound practices or actions that have the potential to

jeopardise the bank or the banking system, the supervisor has the power to:

(a) take (and/or require a bank to take) timely corrective action;

(b) impose a range of sanctions;

(c) revoke the bank’s licence; and

(d) cooperate and collaborate with relevant authorities to achieve an orderly resolution of

the bank, including triggering resolution where appropriate.

7. The supervisor has the power to review the activities of parent companies and of companies

affiliated with parent companies to determine their impact on the safety and soundness of the

bank and the banking group.

Principle 2: Independence, accountability, resourcing and legal protection for supervisors

The supervisor possesses operational independence, transparent processes, sound governance,

budgetary processes that do not undermine autonomy and adequate resources, and is accountable for

the discharge of its duties and use of its resources. The legal framework for banking supervision includes

legal protection for the supervisor.

Essential criteria

1. The operational independence, accountability and governance of the supervisor are prescribed

in legislation and publicly disclosed. There is no government or industry interference that

compromises the operational independence of the supervisor. The supervisor has full discretion

to take any supervisory actions or decisions on banks and banking groups under its supervision.

2. The process for the appointment and removal of the head(s) of the supervisory authority and

members of its governing body is transparent. The head(s) of the supervisory authority is (are)

appointed for a minimum term and is removed from office during his/her term only for reasons

specified in law or if (s)he is not physically or mentally capable of carrying out the role or has

been found guilty of misconduct. The reason(s) for removal is publicly disclosed.

3. The supervisor publishes its objectives and is accountable through a transparent framework for

the discharge of its duties in relation to those objectives.10

4. The supervisor has effective internal governance and communication processes that enable

supervisory decisions to be taken at a level appropriate to the significance of the issue and

timely decisions to be taken in the case of an emergency. The governing body is structured to

avoid any real or perceived conflicts of interest.

5. The supervisor and its staff have credibility based on their professionalism and integrity. There

are rules on how to avoid conflicts of interest and on the appropriate use of information

obtained through work, with sanctions in place if these are not followed.

10 Please refer to Principle 1, Essential Criterion 1.

40 Report on the impact and accountability of banking supervision

6. The supervisor has adequate resources for the conduct of effective supervision and oversight. It

is financed in a manner that does not undermine its autonomy or operational independence.

This includes:

(a) a budget that provides for staff in sufficient numbers and with skills commensurate

with the risk profile and systemic importance of the banks and banking groups

supervised;

(b) salary scales that allow it to attract and retain qualified staff;

(c) the ability to commission external experts with the necessary professional skills and

independence, and subject to necessary confidentiality restrictions to conduct

supervisory tasks;

(d) a budget and programme for the regular training of staff;

(e) a technology budget sufficient to equip its staff with the tools to supervise the

banking industry and assess individual banks and banking groups; and

(f) a travel budget that allows appropriate on-site work, effective cross-border

cooperation and participation in domestic and international meetings of significant

relevance (eg supervisory colleges).

7. As part of their annual resource planning exercise, supervisors regularly take stock of existing

skills and projected requirements over the short- and medium-term, taking into account

relevant emerging supervisory practices. Supervisors review and implement measures to bridge

any gaps in numbers and/or skill-sets identified.

8. In determining supervisory programmes and allocating resources, supervisors take into account

the risk profile and systemic importance of individual banks and banking groups, and the

different mitigation approaches available.

9. Laws provide protection to the supervisor and its staff against lawsuits for actions taken and/or

omissions made while discharging their duties in good faith. The supervisor and its staff are

adequately protected against the costs of defending their actions and/or omissions made while

discharging their duties in good faith.

Report on the impact and accountability of banking supervision 41