Risk-Based Capital Rules Proposed Rule on Risk-Based Capital Standards: Market Risk

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Text

Draft Dated 12/03/2010

DEPARTMENT OF THE TREASURY

Offce of the Comptroller of the Currency

12 CFR Part 3

Docket ID: OCC-2010-0003

RIN 1557-AC99

FEDERAL RESERVE SYSTEM

12 CFR Parts 208 and 225

Regulations Hand Y; Docket No. R-(xxxx)

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 325

RIN (xxxx-xxxx)

Risk-Based Capital Guidelines: Market Risk

AGENCIES: Offic.e of

the Comptroller of

the Currency, Department of

the Treasury;

Board of

Governors of

the Federal Reserve System; and Federal Deposit Insurance

Corporation.

ACTION: Notice of proposed rulemaking with request for public comment.

SUMMARY: The Offce of

the Comptroller of

the Currency (OCC), Board of

Governors of

the Federal Reserve System (Board), and Federal Deposit Insurance

Corporation (FDIC) are requesting comment on a proposal to revise their market risk

capital rules to modify their scope to better capture positions for which the market risk

capital rules are appropriate; reduce procyclicality in market risk capital requirements;

enhance the rules' sensitivity to risks that are not adequately captured under the current

regulatory measurement methodologies; and increase transparency through enhanced

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Draft Dated 12/03/2010

disclosures. The proposal does not include the methodologies adopted by the Basel

Committee on Banking Supervision for calculating the specific risk capital requirements

for debt and securitization positions due to their reliance on credit ratings, which is

impermissible under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The proposal, therefore, retains the current specific risk treatment for these positions until

the agencies develop alternatives standards of creditworthiness as required by the Act.

The proposed rules are substantively the same across the agencies.

DATES: Comments on this notice of

proposed rulemaking must be received by

(INSERT DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER);

201 i.

ADDRESSES: Comments should be directed

to:

ent specific risk treatment for these positions until

the agencies develop alternatives standards of creditworthiness as required by the Act.

The proposed rules are substantively the same across the agencies.

DATES: Comments on this notice of

proposed rulemaking must be received by

(INSERT DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER);

201 i.

ADDRESSES: Comments should be directed

to: .

occ:

Because paper mail in the Washington, DC area and at the Agencies is subject to delay,

commenters are encouraged to submit comments by the Federal eRulemaking Portal or e-

mail, if

possible. Please use the title "Risk-Based Capital Guidelines: Market Risk" to

facilitate the organization and distribution of

the comments. You may submit comments

by any ofthe following methods:

. Federal eRulemaking Portal-"regulations.gov": Go to

http://www.regulations.gov. Select "Document Type" of "Proposed Rules," and

in "Enter Keyword or ID Box," enter Docket ID "OCC-20l0-0003," and click

"Search." On "View By Relevance" tab at bottom of screen, in the "Agency"

column, locate the proposed rule for OCC, in the "Action" column, click on

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Draft Dated 12/03/2010

"Submit a Comment" or "Open Docket Folder" to submit or view public

comments and to view supporting and related materials for this rulemaking action.

. Click on the "Help" tab on the Regulations.gov home page to get information on

using Regulations.gov, including instructions for submitting or viewing public

comments, viewing other supporting and related materials, and viewing the

docket after the close of the comment period.

. E-mail: regs.comments~occ.treas.gov.

. Mail: Office

of

the

Comptroller

of

the

Currency,

250E

Street,

SW.,Mail

Stop 2-

3, Washington, DC 20219.

. Fax: (202) 874-5274.

. Hand Delivery/Courier: 250 EStreet~ SW;, MailStop-2-3, Washington, DC

20219.

Instructions: You must include "OCC" as the agency name and "Docket ID OCC-

2010-0003" in your comment

t after the close of the comment period.

. E-mail: regs.comments~occ.treas.gov.

. Mail: Office

of

the

Comptroller

of

the

Currency,

250E

Street,

SW.,Mail

Stop 2-

3, Washington, DC 20219.

. Fax: (202) 874-5274.

. Hand Delivery/Courier: 250 EStreet~ SW;, MailStop-2-3, Washington, DC

20219.

Instructions: You must include "OCC" as the agency name and "Docket ID OCC-

2010-0003" in your comment. In general, OCC will enter all comments received into the

docket and publish them on the Regulations.gov Web site without change, including any

business or personal information that you provide such as name and address information,

e-mail addresses, or phone numbers. Comments received, including attachments and

other supporting materials, are part of

the public record and subject to public disclosure.

Do not enclose any information in your comment or supporting materials that you

consider confidential or inappropriate for public disclosure.

You may review comments and other related materials that pertain to this

proposed rule by any of the following methods:

3

Draft Dated 12/03/2010

. Viewing Comments Electronically: Go to http://www.regulations.gov. Select

"Document Type" of "Public Submissions," in "Enter Keyword or ID Box," enter

Docket ID "OCC-20l0-0003," and click "Search." Comments wiii be listed under

"View By Relevance" tab at bottom of screen. If comments from more than one

agency are listed, the "Agency" column will indicate which comments were

received by the OCC.

· Viewing Comments Personally: You may personally inspect and photocopy

comments at the OCC, 250 E Street, SW, Washington, DC. For security reasons,

the OCC requires that visitors make an appointment to inspect comments. You

may do so by calling (202) 874-4700. Upon arrival, visitors wil be

required to present valid govemment~issued photo identification and to submit to

security screening in order to inspect and photocopy

comments.

y personally inspect and photocopy

comments at the OCC, 250 E Street, SW, Washington, DC. For security reasons,

the OCC requires that visitors make an appointment to inspect comments. You

may do so by calling (202) 874-4700. Upon arrival, visitors wil be

required to present valid govemment~issued photo identification and to submit to

security screening in order to inspect and photocopy

comments.

. Docket: You may also view or request available background documents and

project summaries using the methods described above.

Board: You may submit comments, identified by Docket No. R-(xxxxJ, by any of

the

following methods:

· Agency Web Site: http://w"\vw.fedcralreserve.2:ov. Follow the instructions for

submitting comments at

http://www . federal

reserve. gOY / generalinfo/foia/ProposedRegs.cfm.

· Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions

for submitting comments.

4

Draft Dated 12/03/2010

. E-mail: regs.comments(¿iJederalreserve.gov. Include docket number in the subject

line of the message.

. Federal eRulemaking Portal: "Regulations.gov": Go to http://www.regulations.gov

and follow the instructions for submitting comments.

. FAX: (202) 452-3819 or (202) 452-3102.

. Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve

System, 20th Street and Constitution Avenue, NW, Washington, DC 20551.

All public comments are available from the Board's Web site at

http://www . fedcralrescrve. go"\! generalj nfo/foia/ProposedRegs. cfm as submitted, unless

modified for technical reasons. Accordingly, your comments will not be edited to

remove any identifying or contact information. Public comments may also be viewed

electronically or in paper form in

Room MP-500 of

the

Board's Martin Building (20th and

C Street, NW) between 9:00 a.m. and 5:00 p.m. on weekdays.

FDIC: You may submit comments by any of

the following methods:

. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions

for submitting comments

emove any identifying or contact information. Public comments may also be viewed

electronically or in paper form in

Room MP-500 of

the

Board's Martin Building (20th and

C Street, NW) between 9:00 a.m. and 5:00 p.m. on weekdays.

FDIC: You may submit comments by any of

the following methods:

. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions

for submitting comments.

· Agency Web site: http://,vww.FDIC.gov/regulations/laws/fedelal/propose.html

. Mail: Robert E. Feldman, Executive Secretary, Attention: Comments/Legal ESS,

Federal Deposit Insurance Corporation, 550 17th Street, NW, Washington, DC

20429.

. Hand Delivered/Courier: The guard station at the rear of

the 550 17th Street

Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.

. E-mail: comments(á)FDJC.c,ov.

5

Draft Dated 12/03/2010

Instructions: Comments submitted must include "FDIC" and "RIN (xxxx-xxxxJ."

Comments received will be posted without change to

http://www.FDIC.gov/regulatiol1s/laws/federal/propose.html. including any personal

information provided.

FOR FURTHER INFORMATION CONTACT:

ace: Roger Tufts, Senior Economic Advisor, Capital Policy Division, (202) 874-4925,

or Ron Shimabukuro, Senior Counsel, Carl Kaminski, Senior Attorney, or Hugh Carney,

Attorney, Legislative and Regulatory Activities Division, (202) 874-5090, Office of

the

Comptroller of

the Currency, 250 E Street, SW, Washington, DC 20219.

Board: Ana Lee Hewko, (202) 530-6260, Assistant Director, Capital and Regulatory

Policy, or Connie Horsley, (202) 452-5239, Senior Supervisory Financial Analyst,

Division of

Banking SupervisionandRegulation; or April C. Snyder, Counsel, (202)

452-3099, or Benjamin W.McDonough, Counsel, (202) 452-2036, Legal Division. For

the hearing impaired only, Telecommunication Device for the Deaf (TDD), (202) 263-

4869.

FDIC: Bobby R

) 530-6260, Assistant Director, Capital and Regulatory

Policy, or Connie Horsley, (202) 452-5239, Senior Supervisory Financial Analyst,

Division of

Banking SupervisionandRegulation; or April C. Snyder, Counsel, (202)

452-3099, or Benjamin W.McDonough, Counsel, (202) 452-2036, Legal Division. For

the hearing impaired only, Telecommunication Device for the Deaf (TDD), (202) 263-

4869.

FDIC: Bobby R. Bean, Chief, Policy Section, (202) 898-6705; Karl Reitz, Senior Capital

Markets Specialist, (202) 898-6775; Jim Weinberger, Senior Policy Analyst, (202) 898-

7034, Division of Supervision and Consumer Protection; or Mark Handzlik, Counsel,

(202) 898-3990; or Michael Phillips, Counsel, (202) 898-3581, Supervision Branch,

Legal Division.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Introduction

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Draft Dated 12/03/20 i 0

A. Background

B. Summary of

the Current Market Risk Capital Rule

1. Covered Positions

2. Capital Requirement for Market Risk

3. Internal Models-Based Capital Requirement

4. Specific Risk

5. Calculation of

the Risk-Based Capital Ratio

II. Proposed Revisions to the Market Risk Capital Rule

A. Objectives of

the Proposed

Revisions

B. Description ofthe,

Proposed Revisions to the

Market Risk Capital Rule

1. Scope

2. Reservation of Authority

3.. Modification of the Definition of Covered Position

4. Requirements for the Identification of

Trading Positions and

Management of Covered Positions

5. General Requirements for Internal Models

Model Approval and Ongoing Use Requirements

Risks Reflected in Models

Control, Oversight, and Validation Mechanisms

Internal Assessment of Capital Adequacy

Documentation

6. Capital Requirement for Market Risk

Determination of

the Multiplication Factor

7

tion

4. Requirements for the Identification of

Trading Positions and

Management of Covered Positions

5. General Requirements for Internal Models

Model Approval and Ongoing Use Requirements

Risks Reflected in Models

Control, Oversight, and Validation Mechanisms

Internal Assessment of Capital Adequacy

Documentation

6. Capital Requirement for Market Risk

Determination of

the Multiplication Factor

7

Draft Dated 12/03/2010

7. VaR-based Capital Requirement

Quantitative Requirements for VaR-based Measure

8. Stressed VaR-based Capital Requirement

Quantitative Requirements for Stressed VaR-based Measure

9. Revised Modeling Standards for Specific Risk

10. Stanr:ardized Specific Risk Capital Requirement

Debt Positions

Equity Positions

Securitization Positions

11. Incremental Risk Capital Requirement

12. Comprehensive Risk Capital Requirement

13. Disclosure,Requirements

i. Introduction

A. Background

The first international

capital framework for banks1 entitled International

Convergence of

Capital Measurement and Capital Standards (1988 Capital Accord) was

developed by the Basel Committee on Banking Supervision (BCBS)2 and endorsed by the

G-IO governors in 1988. The OCC, the Board, and the FDIC (collectively, the agencies)

1 For simplicity, and unless otherwise indicated, the preamble to this notice of proposed rulemaking uses

tlie term "bank" to include banks, savings associations, and bank holding companies (BHCs). The terms

"bank holding company" and "BHC" refer only to bank holding companies regulated by the Board.

2 The BCBS is a commttee of

banking supervisory authorities, which was established by the central bank

governors of

the G-10 countries in 1975

ed, the preamble to this notice of proposed rulemaking uses

tlie term "bank" to include banks, savings associations, and bank holding companies (BHCs). The terms

"bank holding company" and "BHC" refer only to bank holding companies regulated by the Board.

2 The BCBS is a commttee of

banking supervisory authorities, which was established by the central bank

governors of

the G-10 countries in 1975. It consists of

senior representatives of

bank supervisory

authorities and central banks from Argentina, Australia, Belgium, Brazil, Canada, China, France, Geimany,

Hong Kong SAR, India, Indonesia, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, Russia,

Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the

United States. Documents issued by the BCBS are available through the Bank for International Settlement.s

Web site at http://www.bis.arg.

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Draft Dated 12/0312010

implemented the 1988 Capital Accord in 1989 through the issuance of the general risk-

based capital rules.3 In 1996, the BCBS amended the 1988 Capital Accord to require

banks to measure and hold capital to cover their exposure to market risk associated with

foreign exchange and commodity positions and positions located in the trading account

(the Market Risk Amendment (MRA) or market risk framework).4 The agencies

implemented the MRA with an effective date of January 1, 1997 (market risk capital

rule).5

In June 2004, the BCBS issued a document entitled International Convergence of

Capital

Measurement and Capital Standards: A Revised Framework (New Accord or

Basel II), which was intended for use by individual countries as the basis for national

consultation and implementation. The New Accord

sets forth a "three-pillar" framework

that includes (i) risk-based capital requirements for credit risk, market risk, and ,:

operational risk (Pillar 1); (ii) supervisory review of capital ädequacy (Pillar 2); and (iii)

market discipline through enhanced public disclosures (Pillar 3)

intended for use by individual countries as the basis for national

consultation and implementation. The New Accord

sets forth a "three-pillar" framework

that includes (i) risk-based capital requirements for credit risk, market risk, and ,:

operational risk (Pillar 1); (ii) supervisory review of capital ädequacy (Pillar 2); and (iii)

market discipline through enhanced public disclosures (Pillar 3).

The New Accord retained much of

the MRA; however, after its release, the BCBS

announced that it would develop improvements to the market risk framework, especially

with respect to the treatment of specific risk, which refers to the risk of loss on a position

due to factors other than broad-based movements in market prices. As a result, in July

2005, the BCBS and the International Organization of Securities Commissions (IOSCO)

published The Application of

Basel II to Trading Activities and the Treatment of

Double

3 The agencies' general risk-based capital rules are at 12 CFR part 3, Appendix A (OCC); 12 CFR part 208,

Appendix A and 12 CFR part 225, Appendix A (Board); and 12 CFR part 325, Appendix A (FDIC).

4 In 1997, the BCBS modified the MRA to remove a provision pertaining to the specific risk capital charge

under the internal models approach (see htt::/!www.bis.org/press/p970918a.htm).

561 FR 47358 (September 6, 1996). The agencies' market risk capital rules are at 12 CFR part 3, Appendix

B (OCC), 12 CFR part 208, Appendix E and 12 CFR paii 225, Appendix E (Board), and 12 CFR part 325,

Appendix C (FDIC).

9

the BCBS modified the MRA to remove a provision pertaining to the specific risk capital charge

under the internal models approach (see htt::/!www.bis.org/press/p970918a.htm).

561 FR 47358 (September 6, 1996). The agencies' market risk capital rules are at 12 CFR part 3, Appendix

B (OCC), 12 CFR part 208, Appendix E and 12 CFR paii 225, Appendix E (Board), and 12 CFR part 325,

Appendix C (FDIC).

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Default Effects. The BCBS incorporated the July 2005 changes into the June 2006

comprehensive version of

the New Accord and follow its "three-pillar" structure.

Specifically, the Pillar 1 changes narrow the types of

positions that are subject to the

market risk framework and revise modeling standards and procedures for calculating

minimum regulatory capital requirements; the Pillar 2 changes require banks to conduct

internal assessments of their capital

adequacy with respect to market risk, taking into

account the output of

their internal models, valuation adjustments, and stress tests; and

the Pillar 3 changes require banks to disclose certain quantitative and qualitative

. information, including their valuation techniques for covered positions, the soundness

standard used for modeling purposes, and, their internal capital

adequacy assessment

methodologies.

In September 2006, the agencies .issued ajoint notice of proposed rulemaking

(2006 proposal) in which they proposed amendniepts to their market risk capital rules

that would implement the BCBS's changes to

the market risk framework.6 The BCBS

began work on significant changes to the market risk framework in 2007 due to issues

highlighted by the financial crisis. As a result, the agencies did not finalize the 2006

proposaL. This joint notice of proposed rulemaking (proposed rule) incorporates aspects

of the agencies' 2006 proposal as well as further revisions to the New Accord (and

associated guidance) published by the BCBS in July 2009

began work on significant changes to the market risk framework in 2007 due to issues

highlighted by the financial crisis. As a result, the agencies did not finalize the 2006

proposaL. This joint notice of proposed rulemaking (proposed rule) incorporates aspects

of the agencies' 2006 proposal as well as further revisions to the New Accord (and

associated guidance) published by the BCBS in July 2009. These publications include

Revisions to the Basel II Market Risk Framework, Guidelines for Computing Capital for

67 i FR 55958, (September 25, 2006). The 2006 proposal was issued jointly by the agencies and the Office

of Thrift Supervision (OTS). In the proposal, the OTS, which had not previously adopted the MRA,

proposed adopting a market risk capital rule.

10

Draft Dated 12/03/2010

Incremental Risk in the Trading Book, and Enhancements to the Basel II Framework

(collectively, the 2009 revisions).

The 2009 revisions to the market risk framework place additional prudential

requirements on bans' internal models for measuring market risk and require enhanced

qualitative and quantitative disclosures, particularly with respect to banks' securitization

activities. The revisions also introduce an incremental risk capital requirement to capture

default and credit quality migration risk for non-securitization credit products. With

respect to securitizations, the 2009 revisions require banks to apply the standardized

measurement method for specific risk to these positions, except for "correlation trading"

. positions (described further below), for which banks may choose to model all material

price risks.

The 2009 revisions also add a stressed Value-at-Risk (VaR)-based capital

requirement to banks' VaR-based capital

requirement under the existing framework

009 revisions require banks to apply the standardized

measurement method for specific risk to these positions, except for "correlation trading"

. positions (described further below), for which banks may choose to model all material

price risks.

The 2009 revisions also add a stressed Value-at-Risk (VaR)-based capital

requirement to banks' VaR-based capital

requirement under the existing framework. In

June, 2010,

the BCBSpublished additional revisions to the market risk framework that

included establishing a floor on the risk-based capital requirement for modeled

correlation trading positions.7

These revisions to the market risk framework and other proposed revisions are

discussed more fully

below. Par I.B. of

this

preamble sumarizes and

provides

background on the curent market risk capital rule. Part II describes the proposed

revisions to the market risk capital rule that incorporate aspects of

the BCBS 2005 and

2009 revisions to the market risk framework.

7 The June 2010 revisions can be found, in their entirety, at littp:!/bis.orsdpress/p 10061 8iannex.pdf.

11

Draft Dated 12/03/2010

Question 1: The agencies request comment on all aspects of the proposed rule

and specifically on whether and for what reasons certain aspects of

the proposed rule

present particular implementation challenges. Responses should be detailed as to the

nature and impact of such challenges. What, if any, specific approaches (for example,

transitional arrangements) should the agencies consider to address such challenges and

why?

B. Summary of the Current Market Risk Capital Rule

The current market risk capital rule supplements both the agencies' general risk-

based capital rules and the advanced capital adequacy guidelines (advanced approaches

rules) (collectively, the credit risk

capital rules)&by requiring any bank subject to the

market risk capital rule to adjust its risk-based capital ratios to reflect market risk in its

trading activities

nt Market Risk Capital Rule

The current market risk capital rule supplements both the agencies' general risk-

based capital rules and the advanced capital adequacy guidelines (advanced approaches

rules) (collectively, the credit risk

capital rules)&by requiring any bank subject to the

market risk capital rule to adjust its risk-based capital ratios to reflect market risk in its

trading activities. The rule applies to a bank

with worldwide, consolidated trading

activity equal to 10 percent ormore oftotalassets, or $1 billion or more. The primary

federal supervisor of a bank may apply the market risk capital rule to a bank if

the

supervisor deems it necessary or appropriate for safe and sound banking practices. In

addition, the supervisor may exempt a bank that meets the threshold criteria from

application of

the rule if

the supervisor determines the bank meets such criteria as a

consequence of accounting, operational, or similar considerations, and the supervisor

deems such an exemption to be consistent with safe and sound banking practices.

1. Covered Positions

8 The agencies' advanced approaches rules are at 12 CFR part 3, Appendix C (OCC); 12 CFR part 208,

Appendix F and l2 CFR part 225, Appendix G (Board); and 12 CFR part 325, Appendix D (FDIC). For

purposes of this preamble, the term "credit risk capital rules" refers to the general risk-based capital rules

and the advanced approaches rules (that also apply to operational risk), as applicable to the bank using the

proposed rule.

12

hes rules are at 12 CFR part 3, Appendix C (OCC); 12 CFR part 208,

Appendix F and l2 CFR part 225, Appendix G (Board); and 12 CFR part 325, Appendix D (FDIC). For

purposes of this preamble, the term "credit risk capital rules" refers to the general risk-based capital rules

and the advanced approaches rules (that also apply to operational risk), as applicable to the bank using the

proposed rule.

12

Draft Dated 12/0312010

The current market risk capital rule requires a bank to maintain regulatory capital

against the market risk of its covered positions. Covered positions are defined as all on-

and off-balance sheet positions in the bank's trading account (as defined in the

instructions to the Consolidated Reports of Condition and Income (Call Report) or to the

FR Y-9C Consolidated Financial Statements for Bank Holding Companies (FR Y-9C)),

and all foreign exchange and commodity positions, whether or not they are in the trading

account. Covered positions exclude all positions in the trading account that, in form or

substance, act as liquidity facilities that provide liquidity support to asset-backed

commercial paper.

2. Capital

Requirement for Market Risk

The current market risk capital rule defines market risk as the risk of loss resulting

from movements in market prices. Market risk consists of general market risk and

specific risk components. General market risk is defined

as changes in the market value

of positions resulting from broad market movements, such as changes in the general level

of interest rates, equity prices, foreign exchange rates, or commodity prices. Specific risk

is defined as changes in the market value of a position due to factors other than broad

market movements and includes event and default risk, as well as idiosyncratic risk.9

A bank that is subject to the market risk capital rule is required to use an internal

model to calculate a VaR-based measure of its exposure to market risk

ity prices, foreign exchange rates, or commodity prices. Specific risk

is defined as changes in the market value of a position due to factors other than broad

market movements and includes event and default risk, as well as idiosyncratic risk.9

A bank that is subject to the market risk capital rule is required to use an internal

model to calculate a VaR-based measure of its exposure to market risk. A bank's total

9 Idiosyncratic risk is the risk of loss in the value of a position that arises from changes in risk factors

unique to that position. Event risk is the risk of loss on a position that could result from sudden and

unexpected large changes in market prices or specific events other than the default of the issuer. Default

risk is the risk ofloss on a position that could result from the failure of an obligor to make timely payments

of principal or interest on its debt obligation, and the risk ofloss that could result from bankptcy,

insolvency, or similar proceeding. For credit derivatives, default risk means the risk ofloss on a position

that could result from the default of the reference exposure( s).

13

Draft Dated 12/03/2010

risk-based capital requirement for covered positions generally consists of a VaR-based

capital requirement plus an add-on for specific risk, if specific risk is not captured in the

bank's internal VaR modeL. 10 The V aR -based capital requirement is based on an estimate

of the amount that the value of one or more positions could decline over a stated time

horizon and at a stated confidence leveL. A bank may determine its capital requirement

for specific risk using a standardized method or, with supervisory approval, may use

internal models to measure its minimum capital requirement for specific risk.

3. Internal Models-Based Capital Requirement

In calculating the capital requirement for market risk, a

bank is required to use an

internal model that meets specified quaJitativeandqual1titative criteria. The quaLitative

requirements reflect basiccomponents of sound marketriskmanagement

with supervisory approval, may use

internal models to measure its minimum capital requirement for specific risk.

3. Internal Models-Based Capital Requirement

In calculating the capital requirement for market risk, a

bank is required to use an

internal model that meets specified quaJitativeandqual1titative criteria. The quaLitative

requirements reflect basiccomponents of sound marketriskmanagement. For example,

the current market risk capital rule

requires an

independent

risk control unit that reports

directly to senior management and an internal risk measurement model that is integrated

into the daily management process. The quantitative criteria include the use of a VaR-

based measure based on a 99.0 percent, one-tailed confidence leveL. The VaR-based

measure must be based on a price shock equivalent to a 1 O-business-day movement in

rates or prices. Price changes estimated using shorter time periods must be adjusted to

the 10-business-day standard. The minimum effective historical observation period for

deriving the rate or price changes is one year and data Sets must be updated at least every

three months or more frequently if market conditions warrant. In all cases, under the

current rule, a bank must have the capability to update its data sets more frequently than

every three months in anticipation of

market conditions that would require such updating.

10 The primary federal supervisor of a bank may also permt the use of alternative techniques to measure the

market risk of de minimis exposures, if

the techniques adequately measure associated market risk.

14

nder the

current rule, a bank must have the capability to update its data sets more frequently than

every three months in anticipation of

market conditions that would require such updating.

10 The primary federal supervisor of a bank may also permt the use of alternative techniques to measure the

market risk of de minimis exposures, if

the techniques adequately measure associated market risk.

14

Draft Dated 12/0312010

A ban need not use a single model to calculate its VaR-based measure. A bank's

internal model may use any generally accepted approach, such as variance-covariance

models, historical simulations, or Monte Carlo simulations. However, the level of

sophistication of the bank's internal model must be commensurate with the nature and

size of the positions it covers. The internal model must use risk factors sufficient to

measure the market risk inherent in all covered positions. The risk factors must address

interest rate risk, equity price risk, foreign exchange rate risk, and commodity price risk.

The curent market risk capital rule imposes backtesting requirements that must

be calculated quarterly. A bank must èompare its daily VaR-based measure for each of

the preceding 250

business" days to its actuaLdaily trading profit or loss, which typically

'includes realized and unrealized gains and losses on portfolio positions as well as fee

" income and commissions associated

with trading activities. If the quarterly backtesting

shows that the bank's daily net trading

loss exceeded its corresponding daily VaR-based

measure, a backtesting exception has occurred. If a bank experiences more than four

backtesting exceptions over the preceding 250 business days, it is generally required to

apply a multiplication factor in excess of 3 when it calculates its risk-based capital ratio

(see section 1.B.5 of

this preamble).

A bank subj ect to the market risk capital rule is also required to conduct stress

tests to assess the impact of adverse market events on its positions

experiences more than four

backtesting exceptions over the preceding 250 business days, it is generally required to

apply a multiplication factor in excess of 3 when it calculates its risk-based capital ratio

(see section 1.B.5 of

this preamble).

A bank subj ect to the market risk capital rule is also required to conduct stress

tests to assess the impact of adverse market events on its positions. The market risk

capital rule does not prescribe specific stress-testing methodologies.

4. Specific Risk

Under the current market risk capital rule, a bank may use an internal model to

measure its exposure to specific risk if it has demonstrated to its primary federal

15

Draft Dated 12/03/2010

supervisor that the model measures the specific risk, including event and default risk, as

well as idiosyncratic risk, of its debt and equity positions. A bank that incorporates

specific risk in its internal model but fails to demonstrate that the model adequately

measures all aspects of specific risk is subject to a specific risk add-on. In this case, if the

bank can validly separate its VaR-based measure into a specific risk portion and a general

market risk portion, the add-on is equal to the previous day's specific risk portion. If the

bank cannot separate the VaR-based measure into a specific risk portion and a general

market risk portion, the add-on is equal to the sum of

the previous day's VaR-based

measures for subportfolios of debt and equity positions that contain specific risk.

If the ban does not model specific iisk, it must calculate its specific risk capital

requirement, or "add-on," using a standardized method, 1 i Under this method, the

specific

risk add-on for debt positions is calculated by multiplying the absolute value of

the

current market value of each net long and net short position in a debt instrument by

the appropriate specific risk-weighting factor in the rule

ban does not model specific iisk, it must calculate its specific risk capital

requirement, or "add-on," using a standardized method, 1 i Under this method, the

specific

risk add-on for debt positions is calculated by multiplying the absolute value of

the

current market value of each net long and net short position in a debt instrument by

the appropriate specific risk-weighting factor in the rule. These specific risk-weighting

factors range from zero to 8.0 percent and are based on the identity of

the obligor and, in

the case of some positions, the credit rating and remaining contractual maturity of

the

position. Derivative instruments are risk-weighted according to the market value of

the

effective notional amount of

the underlying position. A bank may net long and short debt

positions (including derivatives) in identical debt issues or indices. A bank may also

offset a "matched" position in a derivative and its corresponding underlying instrument.

Under the standardized method, the specific risk add-on for equity positions is the

sum of

the bank's net long and short positions in an equity, multiplied by a specific risk-

i i See section 5 (c) of the agencies' market risk capital mles for a description of this method.

16

Draft Dated 12/03/2010

weighting factor. A bank may net long and short positions (including derivatives) in

identical equity issues or equity indices in the same market. The specific risk add-on is

8.0 percent ofthe net equity position, unless the bank's portfolio is both liquid and well-

diversified, in which case the specific risk add-on is 4.0 percent. For positions that are

index contracts comprising a well-diversified portfolio of equities, the specific risk add-

on is 2.0 percent of

the net long or net short position in the index.12

5. Calculation of the Risk-Based Capital Ratio

A bank subject to the current market risk capital rule must calculate its adjusted

risk-based capital ratios as follows

case the specific risk add-on is 4.0 percent. For positions that are

index contracts comprising a well-diversified portfolio of equities, the specific risk add-

on is 2.0 percent of

the net long or net short position in the index.12

5. Calculation of the Risk-Based Capital Ratio

A bank subject to the current market risk capital rule must calculate its adjusted

risk-based capital ratios as follows. First, the bank must calculate its adjusted risk-

weighted assets; which equals its risk-weighted assets calculated under the general risk-

based capital rule excluding the risk-weighted' amounts of

covered positions (except

Joreignexchange positions outside the trading. account and over-the-counter derivative

instruments)13 and cash-secured securities borrowing.

receivables that meet the criteria of

the market risk capital rule.

The bank then must calculate its measure for market risk, which equals the sum of

the VaR-based capital requirement for market risk, the specific risk add-on (if any), and

the capital requirement for de minimis exposures (if any). The VaR-based capital

requirement equals the greater of (i) the previous day's VaR -based measure; or (ii) the

average of

the daily VaR-based measures for each of

the preceding 60 business days

12 In addition, for futures contracts on broadly based indices that are matched by offsetting equity baskets, a

bank may apply a 2.0 percent specific risk requirement to the futues and stock basket positions if

the

basket comprises at least 90 percent of

the capitalization of

the index. The 2.0 percent specific risk

requirement applies to only one side of certain futures-related arbitrage strategies when either: (i) the long

and short positions are in exactly the same index at different dates or in different markets; or (ii) the long

and short positions are in different but similar indices at the same date

basket comprises at least 90 percent of

the capitalization of

the index. The 2.0 percent specific risk

requirement applies to only one side of certain futures-related arbitrage strategies when either: (i) the long

and short positions are in exactly the same index at different dates or in different markets; or (ii) the long

and short positions are in different but similar indices at the same date.

13 Foreign exchange positions outside the trading account and all over-the-counter derivative positions,

regardless of whether they are in the trading account, must be included in a bank's risk-weighted assets as

determned under the general risk-based capital rules.

17

Draft Dated 12/03/2010

multiplied by three, or such higher multiplier as may be required under the backtesting

requirements of

the market risk capital rule. The measure for market risk is multiplied by

12.5 to calculate market-risk-equivalent assets. The market-risk-equivalent assets are

added to adjusted risk-weighted assets to compute the denominator of

the bank's risk..

based capital ratio.

To calculate the numerator, the ban must allocate tier 1 and tier

2 capital equal to

8.0 percent of adjusted risk-weighted assets, and furher allocate excess tier 1, excess

tier 2, and tier 314 capital equal to the measure for market risk. The sum of tier 2 and

tier 3 capital allocated for market risk may not exceed 250 percent of

tier 1 capital. As a

result, tier i capital must equal at least 28.6 percent of

the measure for market risk. rhe

sum of tier 2 (both allocated and excess) and allocated tier 3 capital may not exceed

100 percent oftier 1 capital (both allocated and excess). Term subordinated debt and

intermediate-tenn preferred stock and related surplus included in tier 2 capital (both

allocated and excess) may not exceed 50 percent of tier 1 capital (both allocated and

excess). The sum of

tier 1 and tier 2 capital (both allocated and excess) and allocated

tier 3 capital is the numerator of

the bank's total risk-based capital ratio.

II

(both allocated and excess). Term subordinated debt and

intermediate-tenn preferred stock and related surplus included in tier 2 capital (both

allocated and excess) may not exceed 50 percent of tier 1 capital (both allocated and

excess). The sum of

tier 1 and tier 2 capital (both allocated and excess) and allocated

tier 3 capital is the numerator of

the bank's total risk-based capital ratio.

II. Proposed Revisions to the Market Risk Capital Rule

A. Objectives of the Proposed Revisions

The key objectives of

the proposed revisions to the current market risk capital rule

are to enhance the rule's sensitivity to risks that are not adequately captured by the current

14 Tier 1 and tier 2 capital are defined in the general risk-based capital rules. Tier 3 capital is subordinated

debt that is unsecured, is fully paid up, has an original maturity of at least two years, is not redeemable

before matuity without prior approval by the primary federal supervisor, includes a lock-in clause

precluding payment of either interest or principal (even at maturity) if the payment would cause the issuing

bank's risk-based capital ratio to fall or remain below the minimum required under the credit risk capital

rules, and does not contain and is not covered by any covenants, terms, or restrictions that are inconsistent

with safe and sound banking practices.

18

Draft Dated 12/03/2010

rule; to enhance modeling requirements in a maner that is consistent with advances in

risk management since the initial implementation of the rule; to modify the definition of

covered position to better capture positions for which treatment under the rule is

appropriate; to address shortcomings in the modeling of certain risks; to address certain

procyclicality concerns; and to increase transparency through enhanced disclosures

rements in a maner that is consistent with advances in

risk management since the initial implementation of the rule; to modify the definition of

covered position to better capture positions for which treatment under the rule is

appropriate; to address shortcomings in the modeling of certain risks; to address certain

procyclicality concerns; and to increase transparency through enhanced disclosures. The

objective of enhancing the risk sensitivity of

the rule is particularly important because of

banks' increased exposure to traded credit products, such as credit default swaps (CDSs)

and asset-backed securities, in other structured products, and in less liquid products. The

risks of these products are generally not fully captured in current VaR models, which rely

on a 1 O-business~day, one-tail,

99.0 percent confidence level soundness standard,

For example,

the growth in traded credit products has increased default and credit

migration risks that should be captured in. a regulatory capital requirement for specific

risk but have proved difficult to capture adequately within current specific

risk models.

The agencies did not contemplate risks associated with less liquid credit products when

the market risk capital rule was first adopted. Therefore, the agencies propose to

implement an incremental risk capital requirement that would apply to a bank that models

specific risk for one or more portfolios of debt or, if applicable, equity positions, and to

incorporate explicit measures of liquidity.

In addition, to address the agencies' concerns about the appropriate treatment of

covered positions that have limited price transparency, the agencies propose to require

banks to have a well-defined valuation process for all covered positions. The specific

proposals are discussed below.

19

re portfolios of debt or, if applicable, equity positions, and to

incorporate explicit measures of liquidity.

In addition, to address the agencies' concerns about the appropriate treatment of

covered positions that have limited price transparency, the agencies propose to require

banks to have a well-defined valuation process for all covered positions. The specific

proposals are discussed below.

19

Draft Dated 12/03/20l0

B. Description of the Proposed Revisions to the Market Risk Capital Rule

1. Scope

The proposed market risk capital rule does not change the set of

banks to which

the rule applies. That is, the proposed rule continues to apply to any bank with aggregate

trading assets and trading liabilities equal to 10 percent or more of total assets, or

$1 billion or more. The proposed rule applies to a ban that meets the market risk capital

rule applicability threshold regardless of

whether the bank uses the general risk-based

capital rules or the advanced approaches rules.

The primary federal supervisor of a bank that does not meet the threshold crIteiia

may apply the market risk capital rule to the bank if

the supervisor deems it necessary or

appropriate given the level of

market risk of

the ban or to ensure safe and sound banking

practices. The primary federal supervisor may also exclude a bank that meets the

threshold criteria from application of the rule if the supervisor determines that the

exclusion is appropriate based on the level of

market risk of

the bank and is consistent

with safe and sound banking practices.

Question 2: The agencies seek comment on the appropriateness the proposed

applicability thresholds. What, if any, alternative thresholds should the agencies consider

and why?

2

ets the

threshold criteria from application of the rule if the supervisor determines that the

exclusion is appropriate based on the level of

market risk of

the bank and is consistent

with safe and sound banking practices.

Question 2: The agencies seek comment on the appropriateness the proposed

applicability thresholds. What, if any, alternative thresholds should the agencies consider

and why?

2. Reservation of Authority

The proposed rule contains a reservation of authority that affirms the authority of

a bank's primary federal supervisor to require the bank to hold an overall amount of

capital greater than would otherwise be required under the rule if the supervisor

determines that the ban's risk-based capital requirements under the rule are not

20

Draft Dated 12/03/2010

commensurate with the market risk of the bank's covered positions. In addition, the

agencies anticipate that there may be instances when the proposed rule would generate a

risk-based capital requirement for a specific covered position or portfolio of covered

positions that is not commensurate with the risks of

the covered position or portfolio. In

these cases, a bank's primary federal supervisor may require the ban to assign a different

risk-based capital requirement to the covered position or portfolio of covered positions

that better reflects the risk of the position or portfolio. The proposed rule also provides

authority for a bank's primary federal supervisor to require the bank to calculate capital

requirements for specific positions or portfolios under the market risk capital rule or

under either the generaLrisk-based capital rules or advanced

approaches rules, as

appropriate, to more appropriately reflect the risks of the positions.

3

isk of the position or portfolio. The proposed rule also provides

authority for a bank's primary federal supervisor to require the bank to calculate capital

requirements for specific positions or portfolios under the market risk capital rule or

under either the generaLrisk-based capital rules or advanced

approaches rules, as

appropriate, to more appropriately reflect the risks of the positions.

3. Modifcation of the Definition of Covered Position."

The proposed rule modifies the definition"

of a covered

position to include trading

assets and trading liabilities (as reported on schedule RC-D of

the Call Report or

Schedule HC-D of

the Consolidated Financial Statements for Bank Holding Companies)

that are trading positions. Under the proposal, a trading position is defined as a position

that is held by the bank for the purpose of short-term resale or with the intent of

benefiting from actual or expected short-term price movements, or to lock in arbitrage

profits. Thus, the characterization of an asset or liability as "trading" for purposes of

U.S. Generally Accepted Accounting Principles (GAA) will not necessarily determine

whether the asset or liability is a "trading position" for purposes of

the proposed rule.

Commenters on the 2006 proposal expressed concerns that the proposed covered position

definition would create inconsistencies between the regulatory capital treatment of certain

21

Draft Dated 12/03/2010

trading assets and trading liabilities and the treatment of

those positions under GAA.

The agencies, however, continue to believe that relying on the accounting definition of

trading assets and trading liabilities, without modification, would not be appropriate

because it includes positions that are not held with the intent or ability to trade.

The proposed covered position definition includes trading assets and trading

liabilities that hedge covered positions

e positions under GAA.

The agencies, however, continue to believe that relying on the accounting definition of

trading assets and trading liabilities, without modification, would not be appropriate

because it includes positions that are not held with the intent or ability to trade.

The proposed covered position definition includes trading assets and trading

liabilities that hedge covered positions. In addition, the trading asset or trading liability

must be free of any restrictive covenants on its tradability or the bank must be able to

hedge its material risk elements in a two-way market. A trading asset or trading liability

that hedges a trading position is a covered position only if

the

hedge is within the scope

of

the bank's hedging strategy,(discussedbelow). The agencies

encourage the sound risk

. management of trading positions.' Therefore, theagéncies include in the definition of a

covered position any hedges that offset the riskortradingpositionso The agencies are

c.oncerned, however, that a bank

could

craft its hedging strategies in order to bring non-

trading positions that are more appropriately treated under the credit risk capital rules into

the ban's covered positions. The agencies will review a bank's hedging strategies to

ensure that they are not being manipulated in this manner. For example, mortgage-

backed securities that are not held with the intent to trade, but that are hedged with

interest rate swaps to mitigate interest rate risk, would be subject to the credit risk capital

rules.

Consistent with the current definition of covered position, under the proposed

rule, a covered position also includes any foreign exchange or commodity position,

whether or not it is a trading asset or trading liability. With prior supervisory approval, a

bank may exclude from its covered positions any structural position in a foreign curency,

22

would be subject to the credit risk capital

rules.

Consistent with the current definition of covered position, under the proposed

rule, a covered position also includes any foreign exchange or commodity position,

whether or not it is a trading asset or trading liability. With prior supervisory approval, a

bank may exclude from its covered positions any structural position in a foreign curency,

22

Draft Dated 12/03/2010

which is defined as a position that is not a trading position and that is (i) a subordinated

debt, equity, or minority interest in a consolidated subsidiary that is denominated in a

foreign currency; (ii) capital assigned to foreign branches that is denominated in a foreign

currency; (iii) a position related to an unconsolidated subsidiary or another item that is

denominated in a foreign currency and that is deducted from the bank's tier 1 and tier 2

capital; or (iv) a position designed to hedge a bank's capital ratios or earnings against the

effect of adverse exchange rate movements on (i), (ii), or (iii).

Also consistent with the current rule, the proposed definition of a covered position

explicitly excludes any position that, in form or substance, acts as a liquidity facility that

provides sùpport to asset-backed commercial paper. In addition, the definition of covered

position excludes all intangible assets, including servicing assets. Intangible assets

are

excluded

because

their

risks are

explicitly addressed in the credit risk capital rules, often

through a deduction from capitaL.

The proposed covered position definition excludes any equity position that is not

publicly traded, other than a derivative that references a publicly traded equity; any direct

real estate holding; and any position that a bank holds with the intent to securitize.

Equity positions that are not publicly traded would include private equity investments,

most hedge fund investments, and other such closely-held and non-liquid investments

that are not easily marketable

tion that is not

publicly traded, other than a derivative that references a publicly traded equity; any direct

real estate holding; and any position that a bank holds with the intent to securitize.

Equity positions that are not publicly traded would include private equity investments,

most hedge fund investments, and other such closely-held and non-liquid investments

that are not easily marketable. Direct real estate holdings include real estate for which

the bank holds title, such as "other real estate owned" held from foreclosure activities,

and bank premises used by a bank as part of its ongoing business activities. With such

real estate holdings, marketability and liquidity are uncertain or even impractical as the

assets are an integral part of

the bank's ongoing business. Indirect investments in real

23

Draft Dated 1 2/03/20 1 0

estate, such as through real estate investment trusts or special purpose vehicles, must

meet the definition of a trading position in order to be a covered position. Positions that a

bank holds with the intent to securitize include a "pipeline" or "warehouse" of loans

being held for securitization; the agencies do not view the intent to securitize these

positions as synonymous with the intent to trade them. Consistent with the 2009

revisions, the agencies believe all of

these excluded positions have significant constraints

in terms of a bank's ability to liquidate them readily and value them reliably on a daily

basis.

The proposed covered position definition excludes a credit derivative that the

bank recognizes as a guarantee

for

purposes

of calculating the amount ofrisk-vv'eighted.

assets under the credit risk capitalrules15 if it is

used to hedge a

position that is not a

covered position (for example, acredít derivative hedge,ofa 19an that is not a covered

position). This requires the bank to include the credit derivative in its risk-weighted

assets for credit risk and exclude it from its VaR-based measure for market risk

oses

of calculating the amount ofrisk-vv'eighted.

assets under the credit risk capitalrules15 if it is

used to hedge a

position that is not a

covered position (for example, acredít derivative hedge,ofa 19an that is not a covered

position). This requires the bank to include the credit derivative in its risk-weighted

assets for credit risk and exclude it from its VaR-based measure for market risk. This

proposed treatment of a credit derivative hedge avoids the mismatch that arises when the

hedged position (for example, a loan) is not a covered position and the credit derivative

hedge is a covered position. This mismatch has the potential to overstate the VaR-based

measure of

market risk if only one side of

the transaction were reflected in that measure.

Question 3: The agencies request comment on all aspects of

the proposed

definition of covered position.

15 See 12 CFR part 3, section 3 (OCC); 12 CFR part 208, Appendix A, section ILB and 12 CFR part 225,

Appendix A, section n.B (Board); and 12 CFR part 325, Appendix A, section n.B.3 (FDIC). The

treatment of guarantees is described in sections 33 and 34 of the advanced approaches rules.

24

Draft Dated 12/03/2010

Under the proposed rule, in addition to commodities and foreign exchange

positions, covered positions include debt positions, equity positions and securitization

positions. The proposal defines a debt position as a covered position that is not a

securitization position or a correlation trading position and that has a value that reacts

primarily to changes in interest rates or credit spreads. Examples of debt positions

include corporate and governent bonds, certain nonconvertible preferred stock, certain

convertible bonds, and derivatives (including written and purchased options) for which

the underlying instrument is a debt position.

The proposal defines an equity position as a covered position that is not a

securitization position or a correlation trading position and

that has a value that reacts

primarly to changes in equity prices

vernent bonds, certain nonconvertible preferred stock, certain

convertible bonds, and derivatives (including written and purchased options) for which

the underlying instrument is a debt position.

The proposal defines an equity position as a covered position that is not a

securitization position or a correlation trading position and

that has a value that reacts

primarly to changes in equity prices. Examples of equity positions include voting or

nonvoting common stock, certain convertible bonds, commitments to buy or sell equity

instruments, equity indices, and a derivative for which the underlying instrument is an

equity position.

Under the proposal, a securitization is a transaction in which: (i) all or a portion of

the credit risk of one or more underlying exposures is transferred to one or more third

parties; (ii) the credit risk associated with the underlying exposures has been separated

into at least two tranches that reflect different levels of seniority; (iii) performance of the

securitization exposures depends upon the performance of

the underlying exposures; (iv)

all or substantially all of

the underlying exposures are financial exposures (such as loans,

commitments, credit derivatives, guarantees, receivables, asset-backed securities,

mortgage-backed securities, other debt securities, or equity securities); (v) for non-

synthetic securitizations, the underlying exposures are not owned by an operating

25

the performance of

the underlying exposures; (iv)

all or substantially all of

the underlying exposures are financial exposures (such as loans,

commitments, credit derivatives, guarantees, receivables, asset-backed securities,

mortgage-backed securities, other debt securities, or equity securities); (v) for non-

synthetic securitizations, the underlying exposures are not owned by an operating

25

Draft Dated 12/03/2010

company; 16 (vi) the underlying exposures are not owned by a small business investment

company described in section 302 of

the Small Business Investment Act of 1958 (15

u.S.C. 682); and (vii) the underlying exposures are not owned by a firm an investment in

which qualifies as a community development investment under 12 U.S.c. 24(Eleventh).

Further, a bank's primary federal supervisor may determine that a transaction in which

the underlying exposures are owned by an investment firm that exercises substantially

unfettered control over the size and composition of its assets, liabilities, and off-balance

sheet exposures is not a securitization based on the transaction's leverage, risk profile, or

economic substance. Generally, the agencies Would consider investment firms that can

easily change the size and composition oftheircapital structure,

as well as the size and.

composition of their assets and off~balance sheet

exposures as eligible for exclusion from

the securitization definition under this provision. Based on a particular transaction's

leverage, risk profile, or economic substance, a

bank's primary federal supervisor may

deem an exposure to a transaction to be a securitization exposure, even if

the exposure

does not meet the criteria in provisions (v), (vi), or (vii) above

sets and off~balance sheet

exposures as eligible for exclusion from

the securitization definition under this provision. Based on a particular transaction's

leverage, risk profile, or economic substance, a

bank's primary federal supervisor may

deem an exposure to a transaction to be a securitization exposure, even if

the exposure

does not meet the criteria in provisions (v), (vi), or (vii) above. A securitization position

is a covered position that is (i) an on-balance sheet or off-balance sheet credit exposure

(including credit-enhancing representations and warranties) that arises from a

securitization (including a resecuritization); or (ii) an exposure that directly or indirectly

references a securitization exposure described in (i) above.

A securitization position includes nth-to-default credit derivatives and

resecuritization positions. The proposal defines an nth-to-default credit derivative as a

16 In a synthetic securitization, a company uses credit derivatives or guarantees to transfer a portion of the

credit risk of one or more underlying exposures to third-part protection providers. The credit derivative or

guarantee may be collateralized or uncollateralized.

26

Draft Dated 12/03/2010

credit derivative that provides credit protection only for the nth-defaulting reference

exposure in a group of reference exposures. In addition, under the proposal, a

resecuritization is a securitization in which one or more of the underlying exposures is a

securitization exposure. A resecuritization position is (i) an on- or off-balance sheet

exposure to a resecuritization; or (ii) an exposure that directly or indirectly references a

resecuritization exposure described in (i)

erence

exposure in a group of reference exposures. In addition, under the proposal, a

resecuritization is a securitization in which one or more of the underlying exposures is a

securitization exposure. A resecuritization position is (i) an on- or off-balance sheet

exposure to a resecuritization; or (ii) an exposure that directly or indirectly references a

resecuritization exposure described in (i).

The proposal defines a correlation trading position as (i) a securtization position

for which all or substantially all of

the value of

the underlying exposures is based on the

credit quality of a single company for which a two-way market exists, or on commonly

traded indices based

on such exposures for which a two-way market exists on the indices;

or (ii) a position that is not

a securitization

position and that hedges a position described

in clause

(i) above. Under the proposed definition,

a correlation trading position does not

include

a resecuritization position, a derivative of a securitization position that does not

provide a pro rata share in the proceeds of a securitization tranche, or a securitization

position for which the underlying assets or reference exposures are retail exposures,

residential mortgage exposures, or commercial mortgage exposures. Correlation trading

positions are typically not rated by external credit rating agencies and may include CDO

index tranches, bespoke CDO tranches, and nth-to-default credit derivatives.

Standardized CDS indices and single-name CDSs are examples of instruments used to

hedge these positions. While banks typically hedge correlation trading positions, hedging

frequently does not reduce a bank's net exposure to a position because the hedges often

do not perfectly match the position.

27

ies and may include CDO

index tranches, bespoke CDO tranches, and nth-to-default credit derivatives.

Standardized CDS indices and single-name CDSs are examples of instruments used to

hedge these positions. While banks typically hedge correlation trading positions, hedging

frequently does not reduce a bank's net exposure to a position because the hedges often

do not perfectly match the position.

27

Draft Dated 12/03/2010

4. Requirements for the Identification of

Trading Positions and Management of

Covered Positions

Section 3 of

the proposal introduces new requirements for the identification of

trading positions and the management of covered positions. The agencies believe that

these new requirements are warranted based on the inclusion of

more credit risk-related,

less liquid, and less actively traded products in banks' covered positions. The risks of

these positions may not be fully reflected in the requirements of

the market risk capital

rule and may be more appropriately captured under credit risk capital rules.

The proposed rule requires a bank to have clearly defined policies and procedures

for determining which of its trading

assets and trading liabilities are trading posilions as

well as which of

its trading positions are corrèlationtrading positions. In determining the

scope oftrading positions, the bank must consider

(i) the extènt to which a position (or a

hedge of its material risks) can be marked-to-market daily by reference to a two-way

market; and (ii) possible impairments to the liquidity of a position or its hedge.

In addition, the bank must have clearly defined trading and hedging strategies.

The bank's trading and hedging strategies for its trading positions must be approved by

senior management. The trading strategy must articulate the expected holding period of,

and the market risk associated with, each portfolio oftrading positions

d (ii) possible impairments to the liquidity of a position or its hedge.

In addition, the bank must have clearly defined trading and hedging strategies.

The bank's trading and hedging strategies for its trading positions must be approved by

senior management. The trading strategy must articulate the expected holding period of,

and the market risk associated with, each portfolio oftrading positions. The hedging

strategy must articulate for each portfolio the level of market risk the bank is willing to

accept and must detail the instruments, techniques, and strategies the bank will use to

hedge the risk of

the portfolio. The hedging strategy should be applied at the level at

which trading positions are risk managed at the bank (for example, trading desk, portfolio

levels).

28

Draft Dated 12/03/2010

The proposed rule requires a bank to have clearly defined policies and procedures

for actively managing all covered positions. In the context of non-traded commodities

and foreign exchange positions, active management includes managing the risks of those

positions within the bank's risk limits. For all covered positions, these policies and

procedures, at a minimum, must require (i) marking positions to market or model on a

daily basis; (ii) assessing on a daily basis the bank's ability to hedge position and

portfolio risks and the extent of market liquidity; (iii) establishment and daily monitoring

of

limits on positions by a risk control unit independent of

the trading business unit; (iv)

daily monitoring by senior management of

the information described in (i) through (iiì)

above; (v)'at least annual reassessment by seniormanagement of established limits on

positions; and (vi)

at least annual assessments by qualified personnel of

the quality

of

market inputs to the valuation process, the

soundness of

key assumptions, the reliability

of parameter estimation in pricing models, and the stability and accuracy of model

calibration under alternative market scenaros

ì)

above; (v)'at least annual reassessment by seniormanagement of established limits on

positions; and (vi)

at least annual assessments by qualified personnel of

the quality

of

market inputs to the valuation process, the

soundness of

key assumptions, the reliability

of parameter estimation in pricing models, and the stability and accuracy of model

calibration under alternative market scenaros.

The proposed rule introduces new requirements for the prudent valuation of

covered positions that include maintaining policies and procedures for valuation, marking

positions to market or to model, independent price verification, and valuation adjustments

or reserves. The valuation process must consider, as appropriate, unearned credit

spreads, close-out costs, early termination costs, investing and funding costs, future

administrative costs, liquidity, and model risk. These new valuation requirements reflect

the agencies' concerns about deficiencies in banks' valuation ofless liquid trading

positions, especially in light of the historical focus of the market risk capital rule on a 10-

business-day time horizon and a one-tail, 99.0 percent confidence level, which has

29

Draft Dated 12/0312010

proved to be inadequate at times to reflect the full extent of

the risks of

less liquid

positions.

5. General Requirements for Internal Models

Model Approval and Ongoing Use Requirements. Under the proposed rule, a

bank must receive the prior written approval of its primary federal supervisor before

using any internal model to calculate its market risk capital requirement. The 2006

proposal included a requirement that a bank receive prior written approval from its

primary federal supervisor before extending the use of an approved model to an

additional business line or product type. Some commenters raised concerns that this

requirement might unduly impede

a new product

launch

pending regulatory approval.

The'agencies have not included this

requirement in the proposed rule

roposal included a requirement that a bank receive prior written approval from its

primary federal supervisor before extending the use of an approved model to an

additional business line or product type. Some commenters raised concerns that this

requirement might unduly impede

a new product

launch

pending regulatory approval.

The'agencies have not included this

requirement in the proposed rule. Instead, the

,proposal requires that a bank promptly notify its primary

federal supervisor when the

bank plans to extend the use of a model

that the primary federal supervisor has approved

to an additional business line or product type.

The proposed rule also requires a bank to notify its primary federal supervisor

promptly if it makes any change to its internal models that would result in a material

change in the bank's amount of risk-weighted assets for a portfolio of covered positions

or when the bank makes any material change to its modeling assumptions. The bank's

primary federal supervisor may rescind its approval, in whole or in par, of

the use of any

internal model, and determine an appropriate regulatory capital requirement for the

covered positions to which the model would apply, if it determines that the model no

longer complies with the market risk capital rule or fails to reflect accurately the risks of

the bank's covered positions. For example, if adverse market events or other

30

Draft Dated i 2/03/20 i 0

developments reveal that a material assumption in a bank's approved model is flawed, the

bank's primary federal supervisor may require the bank to revise its model assumptions

and resubmit the model specifications for review by the supervisor.

Financial markets evolve rapidly, and internal models that were state-of-the-ar at

the time they were approved for use in risk-based capital calculations can become less

relevant as the risks of covered positions evolve and as the industry develops more

sophisticated modeling techniques that better capture material risks

sumptions

and resubmit the model specifications for review by the supervisor.

Financial markets evolve rapidly, and internal models that were state-of-the-ar at

the time they were approved for use in risk-based capital calculations can become less

relevant as the risks of covered positions evolve and as the industry develops more

sophisticated modeling techniques that better capture material risks. The proposed rule

therefore requires a bank to review its internal models periodically, but no less frequently

than annually, in light of developments in financial markets and modeling technologies,

and to

enhance those modelsas appropriate to ensure that they continue to meet the

agencies' standards for model approval and employ risk measurement methodologies that

are

most appropriate for thebank's'covered positions. It

is essential that a bank

continually improve 'its models to ensure

that its market risk capital requirement reflects

the risk of

the bank's covered positions. A bank's primary federal supervisor wil closely

scrutinize the bank's model review practices as a matter of safety and soundness.

To support the model review and enhancement requirement discussed above, the

agencies are considering imposing a capital supplement in circumstances in which a

ban's internal model continues to meet the qualification requirements of

the rule, but

develops specific shortcomings in risk identification, risk aggregation and representation,

or validation. The regulatory capital supplement would reflect the materiality of

these

shortcomings associated with the bank's current model and could result in a risk-

weighted assets surcharge that would apply until such time that the bank enhances its

model to the satisfaction of its primary federal supervisor. For example, the capital

31

k identification, risk aggregation and representation,

or validation. The regulatory capital supplement would reflect the materiality of

these

shortcomings associated with the bank's current model and could result in a risk-

weighted assets surcharge that would apply until such time that the bank enhances its

model to the satisfaction of its primary federal supervisor. For example, the capital

31

Draft Dated 12/03/2010

supplement could take the form of a model risk multiplier similar to the backtesting

multiplier for VaR-type models in section 4 of

the proposed rule. Depending on the

materiality of the shortcomings, the supervisor could increase the multiplier on any

model above three, generally subject to the restriction that the resulting capital

requirement not exceed the capital requirement that would apply under the proposed

rule's standardized measurement method for specific risk.

Question 4: Under what circumstances should the agencies require a model-

specific capital supplement? What criteria could the agencies use to apply capital

supplements consistently across banks? Aside from a capital supplement or withdrawal

. 01 model approval, how else could

the agencies address concerns about outdated models?

Risks Reflected in Models. Under the proposed rule, a bank mustincorporate its

internal models into its risk management process and integrate the internal models used

for

calculating its VaR-based measure into

its daily risk management process. The level

of sophistication of a bank's models must be commensurate with the complexity and

amount of

its covered positions. To measure market risk, a bank's internal models may

use any generally accepted modeling approach, including but not limited to variance-

covariance models, historical simulations, or Monte Carlo simulations. A bank's internal

models must properly measure all material risks in the covered positions to which they

are applied

be commensurate with the complexity and

amount of

its covered positions. To measure market risk, a bank's internal models may

use any generally accepted modeling approach, including but not limited to variance-

covariance models, historical simulations, or Monte Carlo simulations. A bank's internal

models must properly measure all material risks in the covered positions to which they

are applied. The proposed rule requires that risks arising from less liquid positions and

positions with limited price transparency be modeled conservatively under realistic

market scenarios. The proposed

rule also requires a bank to have a rigorous process for

reestimating, reevaluating and updating its models to ensure continued applicability and

relevance.

32

Draft Dated 12/03/2010

Control, Oversight, and Validation Mechanisms. The proposed rule maintains the

current requirement that a ban have a risk control unit that reports directly to senior

management and is independent of its business trading units. In addition, the proposed

rule provides specific model validation standards that are similar to those in the advanced

approaches rules. Specifically, the proposal requires a bank to validate its internal

models initially and on an ongoing basis. The validation process must be independent of

the internal models' development, implementation, and operation, or the validation

process must be subjected to an independent review of its adequacy and effectiveness.

The review personnel do not necessarily have to be external to the bank in order to

achieve the required independence. A bank should ensure that individuals who perform' ..

. the. review are not biased in their assessment due to their involvement in the

development, implementation, or operation of

the mòdels.

. Under the proposed rule, validation must include an evaluation of the conceptual

soundness of

the internal models

necessarily have to be external to the bank in order to

achieve the required independence. A bank should ensure that individuals who perform' ..

. the. review are not biased in their assessment due to their involvement in the

development, implementation, or operation of

the mòdels.

. Under the proposed rule, validation must include an evaluation of the conceptual

soundness of

the internal models. This evaluation should include evaluation of empirical

evidence and documentation supporting the methodologies used; important model

assumptions and their limitations; adequacy and robustness of empirical data used in

parameter estimation and model calibration; and evidence of a model's strengths and

weakesses. Validation also must include an ongoing monitoring process that includes a

review and verification of

processes and the comparson of

the bank's model outputs with

relevant internal and external data sources or estimation techniques. The results of

this

comparson provide a valuable diagnostic tool for identifying potential weaknesses in a

bank's models. As part of

this comparison, the bank should investigate the source of any

33

Draft Dated i 2/03/20 i 0

differences between the model estimates and the relevant internal or external data or

estimation techniques and whether the extent of

the differences is appropriate.

Validation of internal models must include an outcomes analysis process that

includes backtesting. Consistent with the 2009 revisions, the proposed rule requires a

bank's validation process for internal models used to calculate its VaR-based measure to

include an outcomes analysis process that includes a comparson of the changes in the

bank's portfolio value that would have occurred were end-of-day positions to remain

unchanged (therefore, excluding fees, commissions, reserves, net interest income, and

.intraday trading) with VaR-based measures

during a sample period not used in model

. development.

The proposed rule expands uponthe current market risk rule's stress-testing

requirement

includes a comparson of the changes in the

bank's portfolio value that would have occurred were end-of-day positions to remain

unchanged (therefore, excluding fees, commissions, reserves, net interest income, and

.intraday trading) with VaR-based measures

during a sample period not used in model

. development.

The proposed rule expands uponthe current market risk rule's stress-testing

requirement. Specifically, the

proposal requires a bank to stress test the market risk of its

,covered positions at a frequency appropriate

to each portfolio, and in no case less

frequently than quarterly. The stress tests must take into account concentration risk,

illiquidity under stressed market conditions, and other risks arising from the bank's

trading activities that may not be captured adequately in the bank's internal models. For

example, it may be appropriate for a bank to include in its stress testing the gapping of

prices, one-way markets, nonlinear or deep out-of-the-money products, jumps-to-default,

and significant changes in correlation. Relevant types of concentration risk include

concentration by name, industry, sector, country, and market. Market concentration

occurs when a bank holds a position that represents a concentrated share of

the market for

a security, and thus requires a longer than usual

liquidity horizon to liquidate the position

without impacting the market. A bank's primary federal supervisor would evaluate the

34

levant types of concentration risk include

concentration by name, industry, sector, country, and market. Market concentration

occurs when a bank holds a position that represents a concentrated share of

the market for

a security, and thus requires a longer than usual

liquidity horizon to liquidate the position

without impacting the market. A bank's primary federal supervisor would evaluate the

34

Draft Dated 12/03/2010

robustness and appropriateness of a bank's stress tests through the supervisory review

process.

The proposed rule requires a ban to have an internal audit function independent

of

business-line management that at least annually assesses the effectiveness of

the

controls supporting the bank's market risk measurement systems, including the activities

of the business trading units and independent risk control unit, compliance with policies

and procedures, and the calculation of

the bank's measure for market risk. The internal

audit function should review the bank's validation processes, including validation

procedures, responsibilities, results, timeliness, and responsiveness to findings. Further,

the

internal audit function

should evaluate

the depth, scope, and quality of

the risk

management systèm review process and conduct appropriate testing to ensure that the

conclusions of

these reviews are well-founded. At least annually, the internal audit

function

must

report its

findings to the bank's board of

directors (or a committee thereof)~

Internal Assessment of Capital Adequacy. The proposed rule requires that a bank

have a rigorous process for assessing its overall capital adequacy in relation to its market

risk. The assessment must take into account market concentration and liquidity risks

under stressed market conditions, as well as other risks that may not be captured fully in

the VaR-based measure.

Documentation

ttee thereof)~

Internal Assessment of Capital Adequacy. The proposed rule requires that a bank

have a rigorous process for assessing its overall capital adequacy in relation to its market

risk. The assessment must take into account market concentration and liquidity risks

under stressed market conditions, as well as other risks that may not be captured fully in

the VaR-based measure.

Documentation. Under the proposal, a bank must document adequately all

material aspects of its internal models, the management and valuation of covered

positions, its control, oversight, validation and review processes and results, and its

internal assessment of capital adequacy. This documentation would facilitate the

35

Draft Dated i 2/03/20 i 0

supervisory review process as well as the bank's internal audit or other review

procedures.

6. Capital Requirement for Market Risk

As under the current rule, the proposed rule requires a bank to calculate its risk-

based capital ratio denominator as the sum of

its adjusted risk-weighted assets and market

risk equivalent assets. To calculate market risk equivalent assets, a bank must multiply

its measure for market risk by 12.5. Under the proposed rule, a bank's measure for

market risk equals the sum of

its VaR-based capital requirement, its stressed VaR-based

capital requirement, any specific risk add-ons, any incremental risk capital requirement,

any comprehensive risk capital requirement, and any capital requirement for de minimis

exposures, each calculated

according

to the requirements ofthe proposed rule as

discussed further below. No. adjustments are permtted to address potential double

counting among any of

these cOmponents ofa bank's measure for market risk

ment, any specific risk add-ons, any incremental risk capital requirement,

any comprehensive risk capital requirement, and any capital requirement for de minimis

exposures, each calculated

according

to the requirements ofthe proposed rule as

discussed further below. No. adjustments are permtted to address potential double

counting among any of

these cOmponents ofa bank's measure for market risk.

Also, consistent with the current rule, under the proposed rule a bank's VaR-

based capital requirement equals the greater of (i) the previous day's VaR-based measure,

or (ii) the average of

the daily VaR-based measures for each of

the preceding 60 business

days multiplied by three, or such higher multiplication factor required based on

backtesting results determined according to section 4 of the proposed rule and discussed

further below. Similarly, under the proposed rule, a bank's stressed VaR-based capital

requirement equals the greater of (i) the most recent stressed VaR-based measure; or (ii)

the average of

the weekly VaR-based measures for each of

the preceding 12 weeks

multiplied by three, or such higher multiplication factor as required based on backtesting

results determined according to section 4 of

the proposed rule. The multiplication factor

36

Draft Dated 12/03/2010

applicable to the stressed-VaR based measure for purposes of

this calculation is based on

the backtesting results for its VaR-based measure; there is no separate backtesting

requirement for the stressed VaR-based measure for purposes of calculating a bank's

measure for market risk.

The proposed rule requires a bank to include in its measure for market risk any

specific risk add-on as required under section 7(c) of

the proposed rule, determined using

the standardized measurement method described in section 10 of the proposed rule. The

proposed rule also requires a bank to include in its measure for market risk any capital

requirement for de minimis exposures

for market risk.

The proposed rule requires a bank to include in its measure for market risk any

specific risk add-on as required under section 7(c) of

the proposed rule, determined using

the standardized measurement method described in section 10 of the proposed rule. The

proposed rule also requires a bank to include in its measure for market risk any capital

requirement for de minimis exposures. Specifically, a bank must add to its measure for

market risk the absolute value of

the market

value of

those de minimis

exposures that are

not captured.in the bank's V aR ~based measure unless the barik has obtained prior written

approval from its primar

federal supervisor to calculate a capital

requirement for the de

minimis exposures

using alternative techniques that appropriately measure the market

risk associated with those exposures. With regard to a ban's total risk-based capital

numerator, the proposed rule eliminates tier 3 capital and the associated allocation

methodologies.

Determination of

the Multiplication Factor. The proposed rule modifies the

current rule's regulatory backtesting framework for determining the multiplication factor

based on the number of

back

testing exceptions. Under the current market risk capital

rule, a bank must compare its daily VaR-based measure to its actual daily trading profit

or loss, which typically includes realized and uilealized gains and losses on portfolio

positions as well as fee income and commissions associated with trading activities.

Under the proposed rule, each quarter, a bank must compare each of its most recent 250

37

exceptions. Under the current market risk capital

rule, a bank must compare its daily VaR-based measure to its actual daily trading profit

or loss, which typically includes realized and uilealized gains and losses on portfolio

positions as well as fee income and commissions associated with trading activities.

Under the proposed rule, each quarter, a bank must compare each of its most recent 250

37

Draft Dated 12/03/2010

business days' trading losses (excluding fees, commissions, reserves, intra-day trading,

and net interest income) with the corresponding daily V aR -based measure calibrated to a

one-day holding period and at a one-tail, 99.0 percent confidence leveL. The excluded

components of

trading profit and loss are not modeled as part of

the VaR-based measure.

Therefore, excluding them from the regulatory backtesting framework will improve the

accuracy of

the backtesting and provide a better assessment of

the bank's internal modeL.

Some commenters on the 2006 proposal raised concerns with this requirement; however,

the agencies continue to believe that banks' trading and reporting systems are sufficiently

sophisticated to allow this type of

back

testing.

Question 5: The agencies request commenLon any

challenges banks may face in

formulating the measure of trading loss -as proposed, particularly for smaller portfolios,

More specifically, which, if any, of

the items to be excluded

from a bank's measure òf

trading loss (fees, commissions, reserves, intra-davtrading; or net interest income)

present difficulties and what is the nature of such difficulties?

7. VaR-Based Capital Requirement

Consistent with the current rule, section 5 of

the proposed rule requires a bank to

use one or more internal models to calculate a daily VaR-based measure that reflects

general market risk for all covered positions

trading loss (fees, commissions, reserves, intra-davtrading; or net interest income)

present difficulties and what is the nature of such difficulties?

7. VaR-Based Capital Requirement

Consistent with the current rule, section 5 of

the proposed rule requires a bank to

use one or more internal models to calculate a daily VaR-based measure that reflects

general market risk for all covered positions. The daily VaR-based measure also may

reflect the bank's specific risk for one or more portfolios of debt or equity positions and

must reflect the specific risk for any portfolios of correlation trading positions that are

modeled under section 9 of the proposed rule.

The proposal adds credit spread risk to the list of risk categories required to be

captured in a bank's VaR-based measure (that is, in addition to interest rate risk, equity

38

Draft Dated 12/03/2010

price risk, foreign exchange rate risk, and commodity price risk). The VaR-based

measure may incorporate empirical correlations within and across risk categories,

provided the bank validates and justifies the reasonableness of its process for measuring

correlations. If

the VaR-based measure does not incorporate empirical correlations

across risk categories, the bank must add the separate measures from its internal models

used to calculate the VaR-based measure for the appropriate market risk categories to

determine the bank's aggregate VaR-based measure. The proposed rule continues to

require models to include risks arising from the nonlinear price characteristics of option

positions or positions with embedded optionality.

Consistent witht,he2009 revisions;undèr the proposed rule, a bank

must be able

to justifyto the satisfaction ofits primary federal

supervisor the omission of any risk

factors from the calculation of

its VaR-based measure that the bank

includes in its pricing

models

dels to include risks arising from the nonlinear price characteristics of option

positions or positions with embedded optionality.

Consistent witht,he2009 revisions;undèr the proposed rule, a bank

must be able

to justifyto the satisfaction ofits primary federal

supervisor the omission of any risk

factors from the calculation of

its VaR-based measure that the bank

includes in its pricing

models. In addition, a bank must demonstrate to the satisfaction of its primary federal

supervisor the appropriateness of any proxies it uses to capture the risks of

the bank's

actual positions for which such proxies are used.

Quantitative Requirements for VaR-based Measure. The proposed rule includes

the same quantitative requirements for the daily VaR-based measure as the current

market risk capital rule. These include the one-tail, 99.0 percent confidence level, a ten-

business-day holding period, and a historical observation period of at least one year..

To calculate VaR-based measures using a 10-day holding period, the bank may

calculate 10-business-day measures directly, or may convert VaR-based measures using

holding periods other than 10 business days to the equivalent of a 10-business-day

holding period. A ban that converts its VaR-based measure in this manner must be able

39

Draft Dated 12/03/2010

to justify the reasonableness of its approach to the satisfaction of its primary federal

supervisor. For example, a ban that computes its VaR-based measure by multiplying a

daily VaR amount by the square root of 10 (that is, using the square root of time) should

demonstrate that daily changes in portfolio value do not exhibit significant mean

reversion, autocorrelation, or volatility clustering. 17

The proposed rule requires a bank's VaR-based measure to be based on data

relevant to the bank's actual exposures and of sufficient quality to support the calculation

of risk-based capital requirements

root of 10 (that is, using the square root of time) should

demonstrate that daily changes in portfolio value do not exhibit significant mean

reversion, autocorrelation, or volatility clustering. 17

The proposed rule requires a bank's VaR-based measure to be based on data

relevant to the bank's actual exposures and of sufficient quality to support the calculation

of risk-based capital requirements. The ban must update data sets at least monthly, or

more frequently as changes in market conditions or portfolio composition warrant. For

banks that use a weighting scheme or

other method for identifying the historical

observation period, the bank must either: (i) use an effective observation period of at least

one year in which the average time lag of the observations is at least six months; or (ii)

demonstrate to its primary federal supervisor that the method used is more effective than

that described in (i) at representing the volatility of

the bank's trading portfolio over a full

business cycle. In the latter case, a bank must update its data more frequently than

monthly and in a manner appropriate for the type of weighting scheme. In general, a

bank using a weighting scheme should update its data daily. Because the most recent

observations typically are the most heavily weighted it is important to include these

observations in the bank's VaR-based measure.

The proposed rule requires a bank to retain and make available to its primary

federal supervisor model performance information on significant subportfolios. Taking

17 Using the square root of time assumes that daily portfolio returns are independent and identically

distributed (IID). When the IID assumption is violated, the square root of

time approximation is not

appropriate.

40

R-based measure.

The proposed rule requires a bank to retain and make available to its primary

federal supervisor model performance information on significant subportfolios. Taking

17 Using the square root of time assumes that daily portfolio returns are independent and identically

distributed (IID). When the IID assumption is violated, the square root of

time approximation is not

appropriate.

40

Draft Dated 12/03/2010

into account the value and composition of a ban's covered positions, the subportfolios

must be sufficiently granular to inform a bank and its supervisor about the ability of

the

bank's VaR model to reflect risk factors appropriately. A ban's primary federal

supervisor must approve the number of subportfolios it uses for subportfolio backtesting.

While the proposed rule does not prescribe the basis for determining significant

subportfolios, the primary federal supervisor may consider the bank's evaluation of

certain factors such as trading volume, product types and number of distinct traded

products, business lines, and number of

traders or trading desks.

The proposed rule requires a ban to retain and make available to its primary

fêderal supervisor,

with no less than a 60 day lag, information for each subportfolio tòr

each business day over the previous two years (500 business days) that includes (i) a.

daily VaR-based measure for the subportfolio calibrated

to a one-tail, 99.0 percent

confidence level; (ii) the daily profit or loss for the subportfolio (that is, the net change in

price of

the positions held in the portfolio at the end of

the previous business day); and

information for each subportfolio tòr

each business day over the previous two years (500 business days) that includes (i) a.

daily VaR-based measure for the subportfolio calibrated

to a one-tail, 99.0 percent

confidence level; (ii) the daily profit or loss for the subportfolio (that is, the net change in

price of

the positions held in the portfolio at the end of

the previous business day); and

(iii) the p-value of

the profit or loss on each day (that is, the probability of observing a

loss greater than reported in (ii) above, based on the model used to calculate the VaR-

based measure described in (i) above).

Daily information on the probability of observing a loss greater than that which

occurred on any day is a useful metric for bans and supervisors to assess the quality of a

bank's VaR modeL. For example, if a bank that used a historical simulation VaR model

using the most recent 500 business days experienced a loss equal to the second worst day

of

the 500, it would assign a probability of

0.004 (2/500) to that loss based on its VaR

modeL. Applying this process over a given period provides information about the

41

Draft Dated 12/03/2010

adequacy of

the VaR model's ability to characterize the whole distribution oflosses,

including information on the size and number of

back

testing exceptions. The

requirement to create and retain this information at the subportfolio level may help

identify particular products or business lines for which the model is not adequately

measuring risk.

Question 6: The agencies request comment on what, if any, challenges exist wit4

the proposed subportfolio backtesting requirements described above

nformation on the size and number of

back

testing exceptions. The

requirement to create and retain this information at the subportfolio level may help

identify particular products or business lines for which the model is not adequately

measuring risk.

Question 6: The agencies request comment on what, if any, challenges exist wit4

the proposed subportfolio backtesting requirements described above. How might banks

determine significant subportfolios of covered positions that would be subject to these

requirements? What basis could be used to determine an aPQopriate number of

.:ubportfolios? Isthe.Q-vah!~ë: useful

statistic for evaluating the efficac--a ball's Va~

model in gauging market risk? What, if any, other statistics should the agencies consider '

.and whiZ

The current market risk capital rule requires a bank to include in its VaR-based

measure only covered positions. In contrast, the proposed rule allows a bank to include

term repo-style transactions in its VaR-based measure even though these positions may

not meet the definition of a covered position, provided the bank includes all such term

repo-style transactions consistently over time. Under the proposed rule, a term repo-style

transaction is a repurchase or reverse repurchase transaction, or a securities borrowing or

securities lending transaction, including a transaction in which the bank acts as agent for

a customer and indemnifies the customer against loss, that has an original maturity in

excess of one business day, provided that it meets certain requirements, including being

based solely on liquid and readily marketable securities or cash and subject to daily

42

e transaction, or a securities borrowing or

securities lending transaction, including a transaction in which the bank acts as agent for

a customer and indemnifies the customer against loss, that has an original maturity in

excess of one business day, provided that it meets certain requirements, including being

based solely on liquid and readily marketable securities or cash and subject to daily

42

Draft Dated 12/03/2010

marking-to-market and daily margin maintenance requirements.18 While repo-style

transactions typically are close adjuncts to trading activities, GAA traditionally has not

permitted companies to report them as trading assets or trading liabilities. Repo-style

transactions included in the VaR-based measure will continue to be subject to the

requirements of

the credit risk capital rules for calculating capital for counterpary credit

risk.

8. Stressed VaR-based Capital Requirement

Under section 6 of

the proposed rule, a bank must calculate at least weekly a

stressed VaR-based measure using the same internal model(s) used to calculate its VaR-

based measure. The stressed VaR-based measure supplements the VaR-based measure,

which,

due

to inherentlirnitations,provedinadequatè in producing capital requirements

. appropriate to the levelof losses incurred

at 'many banks during the financial market

crisis that began inmid-2007. The stressed VaR~based measure mitigates the

procyclicality of the minimum capital requirements for market risk and contributes to a

more appropriate measure of

the risks of a bank's covered positions.

Quantitative Requirements for Stressed VaR-based Measure. To determine the

stressed VaR-based measure, a bank must use the same model(s) used to calculate its

VaR-based measure, but with model inputs calibrated to reflect historical data from a

continuous l2-month period that reflects a period of significant financial stress

appropriate to the bank's current portfolio

f a bank's covered positions.

Quantitative Requirements for Stressed VaR-based Measure. To determine the

stressed VaR-based measure, a bank must use the same model(s) used to calculate its

VaR-based measure, but with model inputs calibrated to reflect historical data from a

continuous l2-month period that reflects a period of significant financial stress

appropriate to the bank's current portfolio. The stressed VaR-based measure must be

calculated at least weekly and be no less than the bank's VaR-based measure. The

18 See Section 2, "Definitions," of the proposed rule for a full definition of a term repo-style transaction.

43

Draft Dated 12/0312010

agencies generally expect that a bank's stressed VaR-based measure wil be substantially

greater than its VaR-based measure.

The proposed rule requires a bank to have policies and procedures that describe

how it determines the period of significant financial stress used to calculate the bank's

stressed VaR-based measure, and to be able to provide empirical support for the period

used. These policies and procedures must address (i) how the bank links the period of

significant financial stress used to calculate the stressed VaR-based measure to the

composition and directional bias of

the bank's current portfolio; and (ii) the bank's

process for selecting, reviewing, and updatìng the period of significant financial stress

. used to

calculate the stressed VaR-based measure and for monitoring the appropriateness

of

the l2-month period in light of

the bank's current portfolio. The bank: must obtain the

prior appi;oval of

its primary federal

supervisor for, and notify its primary federal

supervisor if

the bank makes anymaterial changes to,

these policies and procedures. A

bank's primary federal supervisor may require it to use a different period of significant

financial stress in the calculation of

the bank's stressed VaR-based measure.

9

e bank's current portfolio. The bank: must obtain the

prior appi;oval of

its primary federal

supervisor for, and notify its primary federal

supervisor if

the bank makes anymaterial changes to,

these policies and procedures. A

bank's primary federal supervisor may require it to use a different period of significant

financial stress in the calculation of

the bank's stressed VaR-based measure.

9. Revised Modeling Standards for Specific Risk

The proposed rule more clearly specifies the modeling standards for specific risk

and eliminates the current option for a bank to model some but not all material aspects of

specific risk for an individual portfolio of debt or equity positions. As under the current

market risk capital rule, a bank may use one or more internal models to measure the

specific risk of a portfolio of debt or equity positions with specific risk. A bank must also

use one or more internal models to measure the specific risk of a portfolio of correlation

trading positions with specific risk that are modeled under section 9 of

the proposed rule.

44

Draft Dated 12/03/2010

A ban may not, however, model the specific risk of securitization positions that are not

modeled under section 9 of the proposed rule. This treatment addresses regulatory

arbitrage opportunities as well as deficiencies in the modeling of securitization positions

that became more evident during the course of the financial market crisis that began in

mid-2007.

Under the proposed rule, the internal models must explain the historical price

variation in the portfolio, be responsive to changes in market conditions, be robust to an

adverse environment, and capture all material aspects of specific risk for the debt and

equity positions. Specifically, the proposed

revisions require that a bank's internal

models capture event risk and idiosyncratic risk; capture and demonstrate sensitivity to

material differences between positions that are

similar but not

identical; and capture and

nges in market conditions, be robust to an

adverse environment, and capture all material aspects of specific risk for the debt and

equity positions. Specifically, the proposed

revisions require that a bank's internal

models capture event risk and idiosyncratic risk; capture and demonstrate sensitivity to

material differences between positions that are

similar but not

identical; and capture and

. demonstrate

sensitivity

to changes in portfolio composition and concentrations. If a

bank

calculates an incremental risk measure for a portfolio of debt or equity positions under

section 8 of the proposed rule, the bank is not required to capture default and credit

migration risks in its internal models used to measure the specific risk of

those portfolios.

Under the current market risk capital rule, if a bank incorporates specific risk in

its internal model but fails to demonstrate to its primary federal supervisor that its internal

model adequately measures all aspects of specific risk for a portfolio of debt and equity

positions, the bank is subject to an internal models-based specific risk add-on for that

portfolio. In contrast, the proposed rule requires a bank that does not have an approved

internal model that captures all material aspects of specific risk for a particular portfolio

of debt, equity, or correlation trading positions to use the standardized measurement

method (described in section 10 of

the proposed rule) to calculate a specific risk add-on

45

s-based specific risk add-on for that

portfolio. In contrast, the proposed rule requires a bank that does not have an approved

internal model that captures all material aspects of specific risk for a particular portfolio

of debt, equity, or correlation trading positions to use the standardized measurement

method (described in section 10 of

the proposed rule) to calculate a specific risk add-on

45

Draft Dated 12/03/2010

for that portfolio. This proposed change reflects the agencies' interest in creating

incentives for more robust specific risk modeling. Due to concerns about the ability of a

bank to model the specific risk of certain securitization positions, the proposed rule

requires a bank to calculate a specific risk add-on under the standardized measurement

method for all of its securitization positions that are not correlation trading positions

modeled under section 9 of

the proposed'rule. The agencies note that not all debt, equity,

or securitization positions have specific risk (for example, certain interest rate swaps).

Under the proposed rule, there is no specific risk capital requirement for positions

without specific risk. A bank should have clear policies and procedures for determining

whethetaposition has specifìc risk:

While the proposed rule continues to

provide for flexibility and a combination of

approaches to measure market risk, including the use

of different models to measure the

general market risk and the specifìcrisk of one or more portfolios of debt and equity

positions, the agencies strongly encourage banks to develop and implement models that

integrate the measurement ofVaR for general market risk and specific risk. A bank's use

of a combination of approaches would be subject to supervisory review to ensure that the

overall capital requirement for market risk is commensurate with the risks of

the bank's

covered positions.

10

folios of debt and equity

positions, the agencies strongly encourage banks to develop and implement models that

integrate the measurement ofVaR for general market risk and specific risk. A bank's use

of a combination of approaches would be subject to supervisory review to ensure that the

overall capital requirement for market risk is commensurate with the risks of

the bank's

covered positions.

10. Standardized Specific Risk Capital Requirement

The proposed rule requires a bank to calculate a total specific risk add-on for each

portfolio of debt and equity positions for which the bank's VaR-based measure does not

capture all material aspects of specific risk and for each of its securitization positions that

is not modeled under section 9 of the proposed rule. A ban must calculate each specific

46

Draft Dated 12/03/2010

risk add-on in accordance with the requirements of

the proposed rule. The ban must add

the total specific risk add-on for each portfolio of

positions to the ban's measure for

market risk. The specific risk add-on for an individual debt or securitization position that

represents purchased credit protection is capped at the market value of

the protection.

For debt, equity, and securitization positions that are derivatives with linear

payoffs (for example, futures, equity swaps), a bank must apply a risk weighting factor to

the market value of

the effective notional amount of

the underlying instrument or index

portfolio. For debt, equity, and securitization positions that are derivatives with nonlinear

payoffs (for example, options, interest rate caps, tranched positions), a bank must apply a

risk weighting factor to the market value of the effective notional amount of the

. underlying instrument or portfolio multiplied by the derivative's delta (that is, the change

of

the derivative's value relative to changes in the price of

the reference exposure). For a

standard interest rate derivative, the effective notional amount refers to the apparent or

stated notional principal amount

ly a

risk weighting factor to the market value of the effective notional amount of the

. underlying instrument or portfolio multiplied by the derivative's delta (that is, the change

of

the derivative's value relative to changes in the price of

the reference exposure). For a

standard interest rate derivative, the effective notional amount refers to the apparent or

stated notional principal amount. If the contract contains a multiplier or other leverage

enhancement, the apparent or stated notional principal amount must be adjusted to reflect

the effect of

the multiplier or leverage enhancement in order to determine the effective

notional amount. A swap must be included as an effective notional position in the

underlying debt, equity, or securitization instrument or portfolio, with the receiving side

treated as a long position and the paying side treated as a short position. Consistent with

the current rules, a ban may net long and short positions (including derivatives) in

identical issues or identical indices. A bank may also net positions in depositary receipts

against an opposite position in an identical equity in different markets, provided that the

bank includes the costs of conversion.

47

Draft Dated 12/03/2010

The proposed rule also expands the recognition of hedging effects for debt and

securitization positions. A set of

transactions consisting of either a debt position and its

credit derivative hedge or a securitization position and its credit derivative hedge has a

specific risk add-on of zero if the debt or securitization position is fully hedged by a total

return swap (or similar instrument where there is a matching of payments and changes in

market value of

the position) and there is an exact match between the reference

obligation, the maturity, and the currency of

the swap and the debt or securitization

position

on and its credit derivative hedge has a

specific risk add-on of zero if the debt or securitization position is fully hedged by a total

return swap (or similar instrument where there is a matching of payments and changes in

market value of

the position) and there is an exact match between the reference

obligation, the maturity, and the currency of

the swap and the debt or securitization

position.

If a set of

transactions consisting,of either a debt

position and its credit derivative

hedge

or a securitization position and its credit derivative hedge does not meet the criteria

for no specific risk add-on, the specific risk add-on for the set oftraiisactions is equal to

20.0 percent of

the specific risk add-on for the side of

the transaction with the higher

specific risk add-on, provided that the credit risk of

the position is fully hedged by a

credit default swap (or similar instrument), and there is an exact match between the

reference obligation of

the credit derivative hedge and the

debt or securitization position,

the maturity of

the credit derivative hedge and the debt or securitization position, and the

currency of

the credit derivative hedge and the debt or securitization position. For a set of

transactions that consists of either a debt position and its credit derivative hedge or a

securitization position and its credit derivative hedge that does not meet the criteria for

full offset or the 80.0 percent offset described above (for example, there is mismatch in

the maturity of

the credit derivative hedge and that of

the debt or securitization position),

but in which all or substantially all of

the price risk has been hedged, the specific risk

48

redit derivative hedge or a

securitization position and its credit derivative hedge that does not meet the criteria for

full offset or the 80.0 percent offset described above (for example, there is mismatch in

the maturity of

the credit derivative hedge and that of

the debt or securitization position),

but in which all or substantially all of

the price risk has been hedged, the specific risk

48

Draft Dated 12/03/2010

add-on is equal to the specific risk add-on for the side of the transaction with the larger

specific risk add-on.

Debt and Securitization Positions. While most securitization positions are

considered debt positions under the current market risk capital rule, the agencies

distinguish between securitization positions and debt positions in the proposed rule

because of new proposed requirements that are uniquely applicable to securitization

positions. Under the proposed rule, the total specific risk add-on for a portfolio of debt or

securitization positions is the sum of

the specific risk add-ons for individual debt or

securitization positions, which are determined by multiplying the absolute value of

the

current marketvalue of each net long or net

short debt or securitization position by an

appropriate risk-weighting factor for the position.

The 2005 revisions to the màrket risk

framework incorporated changes to the

standardized measurement method used for calculating the specific risk add-ons for debt

positions. For example, the "governent" category was expanded to include all

sovereign debt, and the specific risk-weighting factor for sovereign debt was changed

from zero percent to a range from zero to 12.0 percent based on the external rating of

the

obligor and the remaining contractual maturity of the debt position. Table 1 below

provides an illustrative representation of

the specific risk-weighting factors applicable to

debt positions in the "governent," "qualifying," and "other" categories under the market

risk framework.

49

ereign debt was changed

from zero percent to a range from zero to 12.0 percent based on the external rating of

the

obligor and the remaining contractual maturity of the debt position. Table 1 below

provides an illustrative representation of

the specific risk-weighting factors applicable to

debt positions in the "governent," "qualifying," and "other" categories under the market

risk framework.

49

Draft Dated 12/03/2010

Table 1 - Specific Risk-Weighting Factors for Debt Positions

Category

Ilustrative External Rating

Description

Remaining Contractual

Maturity

Specific

Risk

Weight

Factor

--------- ------

i

I

i I

-+----------~

i 12.00% I

Highest investment grade to

second highest investment grade

(for example, AA to AA-).

Government

Residual term to final

maturity 6 months or less.

Residual term to final

maturity greater than 6 and

up to and including 24

months.

Residual term to final I

maturity exceeding 24 .

i months. i

One category bel~Ç~i~~;~rri~nt~~~-~~_--~~----l

grade to two categories below I

I investment grade (for examplt: 'I,

,,~ ' , ' BB+ to B-). , , '. ' _~I~--_,

i More than two categories below

investment

grade.

Third highest investment grade to

lowest investment grade (for

example, A+ to BBB-).

0.00%

0.25%

1.00%

I

1.60%

8.00%

Umated.

8.00%

Qualifying

Not applicable.

Residual term to final

maturity 6 months or less.

Residual term to final

maturity greater than 6 and

up to and including 24

months.

Residual term to final

maturity exceeding 24

months.

0.25%

1.00%

1.60%

Other

One category below investment

grade to two categories below

investment grade (for example,

BB+ to B-).

More than two categories below

investment grade, or equivalent

based on a bank's internal ratings.

Umated.

8.00%

12.00%

8.00%

50

or less.

Residual term to final

maturity greater than 6 and

up to and including 24

months.

Residual term to final

maturity exceeding 24

months.

0.25%

1.00%

1.60%

Other

One category below investment

grade to two categories below

investment grade (for example,

BB+ to B-).

More than two categories below

investment grade, or equivalent

based on a bank's internal ratings.

Umated.

8.00%

12.00%

8.00%

50

Draft Dated 12/03/2010

The 2009 revisions to the market risk framework also incorporated changes to the

specific risk-weighting factors under the standardized measurement method for rated

securitization and re-securitization positions as well as other treatments for unrated

securitization and re-securitization positions. For rated positions, the revisions apply risk

weights according to whether the positions' external rating represents a long-term credit

rating or a short-term credit rating and generally apply higher risk weights to rated re-

securitization positions than to other rated securitization positions. Tables 2 and 3 below

provide illustrative representations of

the specific risk-weighting factors applicable to

rated securitization and re-securitization position under the market risk framework. This

tteatment,was designed to. addres~ regulatory arbitrageopportllnities as well as

deficiencies in the modeling

of seciiritization positions that became more evident during

tht: course of the financialllarket crisis that began in mid-2007. This revised treatment

also assigns a more risk-sensitive capital requirement to securitization positions than

applied previously

the market risk framework. This

tteatment,was designed to. addres~ regulatory arbitrageopportllnities as well as

deficiencies in the modeling

of seciiritization positions that became more evident during

tht: course of the financialllarket crisis that began in mid-2007. This revised treatment

also assigns a more risk-sensitive capital requirement to securitization positions than

applied previously.

Table 2 - Long-term Credit Rating Specific Risk-Weighting Factors for Securitization

and Re-securitization Positions

Securitization

exposure

Resecuritization

Ilustrative External Rating

(that is not a

exposure

Example

resecuritization

Description

exposure)

Risk-weighting

Risk-weighting

factor

factor

Highest investment grade rating

AA

1.60%

3.20%

Second-highest investment grade rating

AA

l.60%

3.20%

Third-highest investment grade rating

A

4.00%

8.00%

Lowest investment grade rating

BBB

8.00%

18.00%

One category below investment grade

BB

28.00%

52.00%

51

Draft Dated 12/03/2010

Two categories below investment grade

B

100.00%

100.00%

Three categories or more below

investment grade

CCC

lOO.OO%

100.00%

Table 3 - Short-term Credit Rating Specific Risk-Weighting Factors for Securitization

and Re-securitization Positions

Securitization

exposure

Resecuritization

Ilustrative External Rating

(that is not a

exposure

Description

Example

resecuritization

Risk-weighting

exposure)

factor

Risk-weighting

factor

Highest investment grade rating

A-1/P-1

1.60%

3.20%

Second-highest investment grade rating

A-2/P-2

4.00%

8.00%

Third-highest investment grade rating

A-3/P-3

8.00% ~18.00%

.

' -

100.00%--1

All other ~'atings

N/A

100.00%

--

._--__________~

As a result ofthe recent

enactment in the United States of

the Dodd-Frank Wall

Street Reform and Consumer Protection Act19 (the Act), the agencies may not reference

or require reliance on credit ratings in the assessment of

the creditworthiness of a security

or money market instrument

nvestment grade rating

A-3/P-3

8.00% ~18.00%

.

' -

100.00%--1

All other ~'atings

N/A

100.00%

--

._--__________~

As a result ofthe recent

enactment in the United States of

the Dodd-Frank Wall

Street Reform and Consumer Protection Act19 (the Act), the agencies may not reference

or require reliance on credit ratings in the assessment of

the creditworthiness of a security

or money market instrument. The Act provides that each federal agency, after a required

review of its regulations, must remove from each of its regulations any reference to or

requirement of reliance on credit ratings and substitute a standard of creditworthiness the

agency determines is appropriate for the regulation.2o

The 2005 and 2009 BCBS revisions include provisions that rely on credit ratings

for determining the specific risk-weighting factors for debt, securitization, and re-

securitization positions. These provisions would need to be revised when implemented in

the U.S. in order to conform to the Act. The agencies acknowledge that the specific risk

19 See Public Law 111-203 (July 21, 2010).

20 See section 939A ofthe Act.

52

Draft Dated 12/03/2010

treatment for debt, securitization and re-securitization positions outlined in Tables 1

through 3 would provide a more risk-sensitive treatment for these positions than exists

under the current rule; however, pending the agencies' development of appropriate

standards of creditworthiness to replace use of credit ratings as required by the Act, the

proposed rule retains as a placeholder the current rule's method for determining specific

risk add-oil applicable to debt and securitization positions. More specifically, the

"governent," "qualifying," and "other" categories as described in the current market

risk capital rule and associated risk-weighting factors would continue to apply to a ban's

debt and securitization positions until the agencies develop a substitute standard of

creditworthiness to:replace reliance

on credit ratings. For completeness and to ensure

. t-"

ritization positions. More specifically, the

"governent," "qualifying," and "other" categories as described in the current market

risk capital rule and associated risk-weighting factors would continue to apply to a ban's

debt and securitization positions until the agencies develop a substitute standard of

creditworthiness to:replace reliance

on credit ratings. For completeness and to ensure

. t-".

uniformity of

regulatory text across the agencies' rules, the proposed rule includes in. i

section 10(b) the current standardized measurement method for these positions. The..

agencies

acknowledge the shortcomings of the current treatment and recognize that it

will

have to be amended in accordance with the requirements ofthe Act. To the extent

possible, the amended treatment would seek to establish comparable capital requirements

for the affected positions in order to ensure international consistency and competitive

equity. At the same time, the agencies believe it is important to move forward with the

revisions to the market risk rules contained in this proposal.21

When the agencies determine a substitute standard of creditworthiness for

external ratings as required by the Act, they intend to incorporate the new standard into

their capital rules, including the market risk rule. The agencies are currently reviewing

21 The agencies also note that certain other provisions of

the Act may affect the market risk capital rules.

For example, the credit risk retention requirements of

the Act may affect whether a securitization position

retained by a bank pursuant to the requirements meets the definition of a trading position or a covered

position.

53

uding the market risk rule. The agencies are currently reviewing

21 The agencies also note that certain other provisions of

the Act may affect the market risk capital rules.

For example, the credit risk retention requirements of

the Act may affect whether a securitization position

retained by a bank pursuant to the requirements meets the definition of a trading position or a covered

position.

53

Draft Dated 12/03/2010

alternative approaches to the use of credit ratings across all of the agencies' regulations

and requirements with the goal of establishing a uniform alternative credit-worthiness

standard. The agencies have asked for public input on this process through an advance

notice of

proposed rulemaking (ANPR).22 The agencies noted in the ANR that in

evaluating any standard of creditworthiness for purpose of determining risk-based capital

requirements, the agencies will, to the extent practicable and consistent with the other

objectives, consider whether the standard would:

. appropriately distinguish the credit risk associated with a particular exposure

within an asset class;

. be suffciently transparent, unbiased, replicable, änd defined to allow banking

organizations of varying size ànd complexity to arrve at the same assessment of

creditworthiness for similar expòsùres and to allow for appropriate supervisory

review;

. provide for the timely and accurate measurement of

negative and positive changes

in creditworthiness;

. minimize opportunities for regulatory capital arbitrage;

. be reasonably simple to implement and not add undue burden on banking

organizations; and

. foster prudent risk management.

22 75 FR 52283 (August 25, 20l0).

54

ess for similar expòsùres and to allow for appropriate supervisory

review;

. provide for the timely and accurate measurement of

negative and positive changes

in creditworthiness;

. minimize opportunities for regulatory capital arbitrage;

. be reasonably simple to implement and not add undue burden on banking

organizations; and

. foster prudent risk management.

22 75 FR 52283 (August 25, 20l0).

54

Draft Dated 12/03/2010

Question 7: What specific standards of creditworthiness that meet the agencies'

suggested criteria for a creditworthiness standard outlined above should the agencies

consider for these positions?

Under the proposed rule, the total specific risk add-on for a portfolio of nth -to-

default credit derivatives is the sum of the specific risk add-oil for individual nth -to-

default credit derivatives, as computed therein. A bank must calculate a specific risk add-

on for each nth -to-default credit derivative position regardless of

whether the bank is a net

protection buyer or net protection seller.

For first-to-default credit derivatives, the specific risk add-on is the lesser of (i)

the

sum of

the specific risk add~ons for the individual reference credit exposures'

in the

group

of

reference exposures; and (ii)the maximum possible

credit

event payment under

the credit derivative contract: Where a bank has a riskposition in one oftherefereiice

. credit exposures underlying a first-to-default credit derivative and this credit derivative

hedges the bank's risk position, the bank is allowed to reduce both the specific risk add-

on for the reference credit exposure and that part of the specific risk add-on for the credit

derivative that relates to this particular reference credit exposure such that its specific risk

add-on for the pair reflects the ban's net position in the reference credit exposure

vative and this credit derivative

hedges the bank's risk position, the bank is allowed to reduce both the specific risk add-

on for the reference credit exposure and that part of the specific risk add-on for the credit

derivative that relates to this particular reference credit exposure such that its specific risk

add-on for the pair reflects the ban's net position in the reference credit exposure.

Where a ban has multiple risk positions in reference credit exposures underlying a first-

to-default credit derivative, this offset is allowed only for the underlying reference credit

exposure having the lowest specific risk add-on.

For second-or-subsequent-to-default credit derivatives, the specific risk add-on is

the lesser of: (i) the sum of

the specific risk add-ons for the individual reference credit

exposures in the group of reference exposures, but disregarding the (n-l) obligations with

55

Draft Dated 12/03/2010

the lowest specific risk add-ons; or (ii) the maximum possible credit event payment under

the credit derivative contract. For second-or-subsequent-to-default credit derivatives, no

offset of

the specific risk add-on with an underlying reference credit exposure is allowed

under the proposed rule.

Equity Positions. Under the proposed rule, the total specific risk add-on for a

portfolio of equity positions is the sum of

the specific risk add-ons of

the individual

equity positions, which are determined by multiplying the absolute value of

the current

market value of each net long or short equity position by an appropriate risk-weighting

factor.

The proposed ruÌe retains

the specific risk add-oils applicable to equity positions

under.the current market risk capital rule,

with one exception. Consistent

with the 2009

revisions, the proposed rule eliminates the provision.that allows a bank to apply a specific

risk-weighting factor of 4.0 to an equity position held in a portfolio that is both liquid and

well-diversified

k-weighting

factor.

The proposed ruÌe retains

the specific risk add-oils applicable to equity positions

under.the current market risk capital rule,

with one exception. Consistent

with the 2009

revisions, the proposed rule eliminates the provision.that allows a bank to apply a specific

risk-weighting factor of 4.0 to an equity position held in a portfolio that is both liquid and

well-diversified. Instead, a bank must multiply the absolute value of

the current market

value of each net long or short equity position by a risk-weighting factor of 8.0 percent.

For equity positions that are index contracts comprising a well-diversified portfolio of

equity instruments, the absolute value of

the current market value of each net long or

short position is multiplied by a risk-weighting factor of2.0 percent. A portfolio is well-

diversified if it contains a large number of individual equity positions, with no single

position representing a substantial portion of

the portfolio's total market value.

The proposed rule retains the specific risk treatment in the current market risk

capital rule for equity positions arising from futures-related arbitrage strategies where

long and short positions are in exactly the same index at different dates or in different

56

Draft Dated 12/03/2010

market centers, or where long and short positions are in index contracts at the same date

in different but similar indices. The proposed rule also retains the current treatment for

futures contracts on main indices that are matched by offsetting positions in a basket of

stocks comprising the index.

Due Diligence Requirements for Securitization Positions. The proposed rule

incorporates requirements from the 2009 revisions that banks perform due diligence on

securitization positions

date

in different but similar indices. The proposed rule also retains the current treatment for

futures contracts on main indices that are matched by offsetting positions in a basket of

stocks comprising the index.

Due Diligence Requirements for Securitization Positions. The proposed rule

incorporates requirements from the 2009 revisions that banks perform due diligence on

securitization positions. The due diligence requirements apply to all securitization

positions and emphasize the need for banks to conduct their own due diligence of

bOlTower creditworthiness, in addition to any use of

third-party assessments, and not

place undue reliance on external credit ratìngs.

In order to meet the proposed due diligence requirements, a bank must be able to i'

demonstrate, to the satisfaction

of its primary federal supervisor, a comprehensive ' , ,

understanding of the features of a securitization position that would materially affect the 'i .

performance of

the bank's securitization position. The bank's analysis must be

commensurate with the complexity of

the securitization position and the materiality of

the position in relation to capitaL.

To support the demonstration of its comprehensive understanding, for each

securitization position, the bank must conduct and document an analysis of

the risk

characteristics of a securitization position prior to acquiring the position, considering: (i)

structural features of

the securitization that would materially impact the performance of

the position, for example, the contractual cash flow waterfall, waterfall-related triggers,

credit enhancements, liquidity enhancements, market value triggers, the performance of

organizations that service the position, and deal-specific definitions of default; (ii)

57

cquiring the position, considering: (i)

structural features of

the securitization that would materially impact the performance of

the position, for example, the contractual cash flow waterfall, waterfall-related triggers,

credit enhancements, liquidity enhancements, market value triggers, the performance of

organizations that service the position, and deal-specific definitions of default; (ii)

57

Draft Dated 12/03/2010

relevant information regarding the performance of

the underlying credit exposure(s), for

example, the percentage of loans 30, 60, and 90 days past due; default rates; prepayment

rates; loans in foreclosure; property types; occupancy; average credit score or other

measures of creditworthiness; average LTV ratio; and industry and geographic

diversification data on the underlying exposure(s); (iii) relevant market data of

the

securitization, for example, bid-ask spreads, most recent sales price and historical price

volatility, trading volume, implied market rating, and size, depth and concentration level

of the market for the securitization; and (iii) for resecuritization positions, performance

information on the underlying securitization exposures, for example, the issuer name and

credit quality, and Tnecharacteristics and perforrnance:of the exposures underlying the

. securitization exposures. On an on-goingbasis,butnokssfrequently than quarterly, the

bank must also evaluate, review;andupdate:as approprate theai1alysis required above

for each securitization position

itions, performance

information on the underlying securitization exposures, for example, the issuer name and

credit quality, and Tnecharacteristics and perforrnance:of the exposures underlying the

. securitization exposures. On an on-goingbasis,butnokssfrequently than quarterly, the

bank must also evaluate, review;andupdate:as approprate theai1alysis required above

for each securitization position.

Question 8: What, if any, specific challenges are involved with meeting the

proposed due diligence requirements and for what types of securitization positions? How

might the agencies address these challenges while still ensuring that a ban conducts an

appropriate level of due diligence commensurate with

the risks of its covered positions?

For example, would it be appropriate to scale the requirements according to a position's

expected holding period? How would such scaling affect a bank's ability to demonstrate

a comprehensive understanding of

the risk characteristics of a securitization position?

What are the benefits and drawbacks of

requiring public disclosures regarding a bank's

processes for performing due diligence on its securitization positions?

58

Draft Dated 12/03/2010

The agencies are considering alternative methodologies to the standardized

measurement method for determining the specific risk capital requirement for

securtization positions to better recognize the risk reduction benefits of hedging.

Conceptually, such a methodology could recognize some degree of offsetting between

positions that reference the same pool of assets but have different levels of seniority, or

between positions that reference similar but not identical assets. For example, it could

use a formulaic approach to determine a degree of offset between securitization positions

that are similar to an index. Inputs to the formula could include factors such as the

attachment and detachment points of an individual securitization position, the aggregate

ts but have different levels of seniority, or

between positions that reference similar but not identical assets. For example, it could

use a formulaic approach to determine a degree of offset between securitization positions

that are similar to an index. Inputs to the formula could include factors such as the

attachment and detachment points of an individual securitization position, the aggregate

. capital requirement of

its underlying exposures, and the percentage ofunâerlying

obligors

common to the securitization exposure and the index.

Question

9: What alternative non-inodels-based methodologies could the agencies

. use to determine the specific risk

add-ons for securitization positions? . Please provide

specific details on the mechanics of and rationale for any suggested methodology. Please

also describe how the methodology conservatively recognizes some degree of

hedging

benefits, yet captures the basis risk between non-identical positions. To what types of

securitization positions would such a methodology apply and why?

11. Incremental Risk Capital Requirement

Under section 8 of the proposed rule, a bank that measures the specific risk of a

portfolio of debt positions using internal models must calculate an incremental risk

measure for that portfolio using an internal model (incremental risk model). Incremental

risk consists of the default risk of a position (that is, the risk of loss on the position upon

an event of default (for example, the failure of

the obligor to make timely payments of

59

k that measures the specific risk of a

portfolio of debt positions using internal models must calculate an incremental risk

measure for that portfolio using an internal model (incremental risk model). Incremental

risk consists of the default risk of a position (that is, the risk of loss on the position upon

an event of default (for example, the failure of

the obligor to make timely payments of

59

Draft Dated 12/03/2010

principal or interest), including bankptcy, insolvency, or similar proceeding) and the

credit migration risk of a position (that is, price risk that arises from significant changes

in the underlying credit quality of the position).

With the prior approval of its primary federal supervisor, a ban may also include

portfolios of equity positions in its incremental risk model, provided that it consistently

includes such equity positions in a manner that is consistent with how the bank internally

measures and manages the incremental risk for such positions at the portfolio leveL.

Default is deemed to occur with respect to any equity position that is included in the

bank's incremental risk model upon the default of any debt of the issuer of the equity

position. A bank may not include correlation

trading positions or securitization positions

in its incremental risk modeL.

Under the proposed rule, a bank's model to measure the

incremental risk of 3

portfolio of debt positions (and equity positions, if applicable) must meet certain

requirements and be approved by the bank's primary federal supervisor before the bank

may use it to calculate its risk-based capital requirement. The model must measure

incremental risk over a one-year time horizon and at a one-tail, 99.9 percent confidence

level, either under the assumption of a constant level of risk, or under the assumption of

constant positions.

The liquidity horizon of a position is the time that would be required for a bank to

reduce its exposure to, or hedge all of

the material risks of, the position(s) in a stressed

market

l must measure

incremental risk over a one-year time horizon and at a one-tail, 99.9 percent confidence

level, either under the assumption of a constant level of risk, or under the assumption of

constant positions.

The liquidity horizon of a position is the time that would be required for a bank to

reduce its exposure to, or hedge all of

the material risks of, the position(s) in a stressed

market. The liquidity horizon for a position may not be less than the lower of

three

months or the contractual maturity of the position.

60

Draft Dated 12/03/2010

A position's liquidity horizon is a key risk attribute for purposes of calculating the

incremental risk measure because it puts a bank's overall risk exposure to an actively

managed portfolio into context. Positions with longer (that is, less liquid) liquidity

horizons are more difficult to hedge and result in more exposure to both default and

credit migration risk over any fixed time horizon. In particular, two positions with

differing liquidity horizons but exactly the same amount of default risk if held in a static

portfolio over a one-year horizon may exhibit significantly different amounts of default

risk ifheld in a dynamic portfolio in which hedging can occur in response to observable

changes in credit quality. The position with the shorter liquidity horizon can be hedged

more rapidíy and with less cost in

the event of a change in credit quality, which leads toa

different exposure to default risk overa one-year horizon than the position with the

longer liquidity-horizon.

A constant level of risk assumption assumes that the bank rebalances, or rolls

over, its trading positions at the beginning of each liquidity horizon over a one-year

horizon in a manner that maintains the bank's initial risk leveL. The bank must determine

the frequency

of

rebalancing in a maner consistent with the liquidity horizons of

the

positions in the portfolio. A constant position assumption assumes that a bank maintains

the same set of positions throughout the one-year horizon

ading positions at the beginning of each liquidity horizon over a one-year

horizon in a manner that maintains the bank's initial risk leveL. The bank must determine

the frequency

of

rebalancing in a maner consistent with the liquidity horizons of

the

positions in the portfolio. A constant position assumption assumes that a bank maintains

the same set of positions throughout the one-year horizon. If a bank uses this

assumption, it must do so consistently across all portfolios for which it models

incremental risk. A bank has flexibility in whether it chooses to use a constant risk or

constant position assumption in its incremental risk model; however, the agencies expect

that the assumption will remain fairly constant once selected. As with any material

change to modeling assumptions, the proposed rule requires a ban must promptly notify

61

Draft Dated 12/03/2010

its primary federal supervisor if the bank changes from a constant risk to a constant

position assumption or vice versa. Further, to the extent a bank estimates a

comprehensive risk measure under section 9 of

the proposed rule, the bank's selection of

a constant position or a constant risk assumption must be consistent between the bank's

incremental risk model and comprehensive risk modeL. Similarly, the bank's treatment of

liquidity horizons must be consistent between a bank's incremental risk model and

comprehensive risk modeL.

The proposed rule requires a bank's incremental risk mo~el to meet the conditions

described below. The model must recognize the impact of correlations between default

and credit migration events among obligors.! In particular, the existence of an aggregate,

economy':wide credit cycle implies some degree o.f correlation between the default and

credit migration events across different issuers ..Thedegreeof correlation

between

default

and credit migration events of

different issuers may

also

depend on other issuer

attributes such as industry sector or region of domicile

migration events among obligors.! In particular, the existence of an aggregate,

economy':wide credit cycle implies some degree o.f correlation between the default and

credit migration events across different issuers ..Thedegreeof correlation

between

default

and credit migration events of

different issuers may

also

depend on other issuer

attributes such as industry sector or region of domicile. The mòdel must also reflect the

effect of issuer and market concentrations, as well as concentrations that can arise within

and across product classes during stressed conditions.

The bank's incremental risk model must reflect netting only oflong and short

positions that reference the same financial instrument and must also reflect any material

mismatch between a position and its hedge. Examples of such mismatches include

maturity mismatches as well as mismatches between an underlying position and its

hedge, (for example, the use of an index position to hedge

a single name security).

The bank's incremental risk model must also recognize the effect that liquidity

horizons have on hedging strategies. When a bank's hedging strategy requires continual

62

Draft Dated 12/03/2010

rebalancing of

the hedge position, the constraints on rebalancing imposed by the liquidity

horizon of

the hedge must be recognized. As an example, if a position is being hedged

with an instrument with a liquidity horizon of

three months, no rebalancing of

the hedge

can occur within a three month period. Accordingly, any divergence in the value of

the

position and its hedge that occurs because the hedge cannot be rebalanced within the

three month liquidity horizon must be recognized

horizon of

the hedge must be recognized. As an example, if a position is being hedged

with an instrument with a liquidity horizon of

three months, no rebalancing of

the hedge

can occur within a three month period. Accordingly, any divergence in the value of

the

position and its hedge that occurs because the hedge cannot be rebalanced within the

three month liquidity horizon must be recognized. Moreover, in order to reflect the effect

of hedging in the incremental risk measure, the bank must (i) choose to model the

rebalancing of

the hedge consistently over the relevant set of

trading positions; (ii)

demonstrate that the inclusion of rebalancing results in a more appropriate risk

measurement; (iii) demonstrate that the market for

the hedge is suffciently Equid to

permit rebalancing during

periods

of stress; and (iv) capture in the incremental risk model

any residual risks arising from such hedging strategies.

The

incremental risk model must reflect the nonlinear impact of options and other

positions with material nonlinear behavior with respect to default and credit migration

changes. In light of

the one-year horizon of

the incremental risk measure and the

extremely high confidence level required, it is important that nonlinearities be explicitly

recognized. Price changes resulting from defaults or credit migrations can be large and

the resulting nonlinear behavior of

the position can be materiaL. The ban's incremental

risk model must also maintain consistency with the bank's internal risk management

methodologies for identifying, measuring, and managing risk.

A bank that calculates an incremental risk measure under section 8 of the

proposed rule must calculate its incremental risk capital requirement at least weekly.

63

and

the resulting nonlinear behavior of

the position can be materiaL. The ban's incremental

risk model must also maintain consistency with the bank's internal risk management

methodologies for identifying, measuring, and managing risk.

A bank that calculates an incremental risk measure under section 8 of the

proposed rule must calculate its incremental risk capital requirement at least weekly.

63

Draft Dated 12/03/2010

This capital requirement is the greater of: (i) the average of

the incremental risk measures

over the previous 12 weeks; or (ii) the most recent incremental risk measure.

12. Comprehensive Risk Capital Requirement

Under section 9 of

the proposed rule, with its primary federal supervisor's prior

approval, a ban may measure all material price risks of one or more portfolios of

correlation trading positions (comprehensive risk measure) using a model

(comprehensive risk model). If the bank uses a comprehensive risk model for a portfolio

of correlation trading positions, the bank must also measure the specific risk of

that

portfolio using internal models that meet the requirements in section 7(b) of

the proposed

rule. If the bank does not use a comprehensive risk model to calculate the price risk of a .

portfolio of correlation trading

positions,

it must calculate a specific risk add-on for the

p.ortfolio under section 7(c) of

the proposed rule, determined

using the standardized

measurement method for specific risk described in section 10 of the proposed rule.

A bank's comprehensive risk model must meet several requirements under the

proposed rule. The model must measure comprehensive risk (that is, all price risk)

consistent with a one-year time horizon and at a one-tail, 99.9 percent confidence level,

under the assumption of either a constant level of risk or constant positions

ent method for specific risk described in section 10 of the proposed rule.

A bank's comprehensive risk model must meet several requirements under the

proposed rule. The model must measure comprehensive risk (that is, all price risk)

consistent with a one-year time horizon and at a one-tail, 99.9 percent confidence level,

under the assumption of either a constant level of risk or constant positions. As

mentioned under the incremental risk measure discussion, while a bank has flexibility in

whether it chooses to use a constant risk or constant position assumption, the agencies

expect that the assumption will remain fairly constant once selected. The bank's

selection of a constant position assumption or a constant risk assumption must be

consistent between the bank's comprehensive risk model and its incremental risk modeL.

64

Draft Dated i 2/03/20 i 0

65

Draft Dated i 2/03/20 i 0

model is an appropriate representation of comprehensive risk in light of

the historical

price variation of its correlation trading positions. The agencies win scrutinize the

positions a bank identifies as correlation trading positions and will also review whether

the correlation trading positions have sufficient market data available to support reliable

modeling of

material risks. If

there is insufficient market data to support reliable

modeling for certain positions (such as new products), the agencies may require the bank

to exclude these positions from the comprehensive risk model and, instead, require the

bank to calculate specific risk add-ons for these positions under the standardized

measurement method for specific risk. Again, the proposed rule requires a bank to

proIIptlynotify its primary federal supervisor if

the bank plans.

to extend the use of a

model that has been approved by the supervisor to an additional business line or product

type

comprehensive risk model and, instead, require the

bank to calculate specific risk add-ons for these positions under the standardized

measurement method for specific risk. Again, the proposed rule requires a bank to

proIIptlynotify its primary federal supervisor if

the bank plans.

to extend the use of a

model that has been approved by the supervisor to an additional business line or product

type.

In addition to these requirements, a bank must at least weekly apply to its

portfolio of correlation trading positions a set of specific, supervisory stress scenarios that

capture changes in default rates, recovery rates, and credit spreads; correlations of

underlying exposures; and correlations of a correlation trading position and its hedge. A

bank must retain and make available to its primary supervisor the results of

the

supervisory stress testing, including comparisons with the capital requirements generated

by the bank's comprehensive risk modeL. A bank also must promptly report to its

primary federal supervisor any instances where the stress tests indicate any material

deficiencies in the comprehensive risk modeL.

The agencies are evaluating the appropriate bases for supervisory stress scenarios

to be applied to a bank's portfolio of correlation trading positions. There are inherent

66

Draft Dated 12/03/2010

difficulties in prescribing stress scenarios that would be universally applicable and

relevant across all banks and across all products contained in banks' correlation trading

portfolios. The agencies believe a level of comparability is important for assessing the

sufficiency and appropriateness of

banks' comprehensive risk models, but also recognize

that specific scenaros may not be relevant for certain products or for certain modeling

approaches

uld be universally applicable and

relevant across all banks and across all products contained in banks' correlation trading

portfolios. The agencies believe a level of comparability is important for assessing the

sufficiency and appropriateness of

banks' comprehensive risk models, but also recognize

that specific scenaros may not be relevant for certain products or for certain modeling

approaches. The agencies are considering various options for stress scenarios, including

an approach that would involve specifying stress scenarios based on credit spread shocks

to certain

correlation trading positions (for example, single-name CDSs, CDS indexes,

index tranches), which may replicate historically observed spreads. Another approach

~wouldreqiiIrea bank

to

calibrate

its existing

valuation model to certain specified stress

, periods by ¡adjusting credit-related risk factors to reflect a given stress period. The credit~ ,

related riskfactors, as adjusted,

would then be

used to revalue the bank's correlation

trading portfolio under one or more stress scenarios.

Question 10: What are the benefits and drawbacks of

the supervisory stress

scenario requirements described above and what other specific stress scenario approaches

for the correlation trading portfolio should the agencies consider? For which products

and model types are widely applicable stress scenarios most appropriate, and for which

product and model types is a more tailored stress scenaro most appropriate? What other

stress scenario approaches could consistently reflect the risks of

the entire portfolio of

correlation trading positions?

The agencies have identified prudential challenges associated with relying solely

on banks' comprehensive risk models for determining risk-based capital requirements for

correlation trading positions. For example, a bank's ability to perform robust validation

67

te? What other

stress scenario approaches could consistently reflect the risks of

the entire portfolio of

correlation trading positions?

The agencies have identified prudential challenges associated with relying solely

on banks' comprehensive risk models for determining risk-based capital requirements for

correlation trading positions. For example, a bank's ability to perform robust validation

67

Draft Dated 12/03/2010

of its comprehensive risk model using standard backtesting methods is limited in light of

the proposed requirements for the model to measure potential

losses on correlation

trading positions due to all price risk at a one-year time horizon and high-percentile

confidence leveL. As a result, banks will need to use indirect model validation methods,

such as stress tests, scenario analysis or other methods to assess their models. The

agencies anticipate that banks' comprehensive risk model validation approaches will

evolve over time; however, to address near-term modeling challenges while still giving

consideration to sound risk management practices, the agencies are proposing à floor on

the modeled correlation trading position capital requirements in the form of a capital

surcharge as described below.

A bank approved to measure comprehensive.riskfor one or more portfolios of

correlation trading positions must calculate at least weekly a comprehensive risk

measüre. The comprehensive risk measure equals

the sum

of the output from the bank's

approved comprehensive risk model plus a surcharge on the bank's modeled correlation

trading positions. The agencies propose setting the surcharge equal to 15.0 percent of

the

total specific risk add-on that would apply to the bank's modeled correlation trading

positions under the standardized measurement method for specific risk in section 10 of

the proposed rule

m

of the output from the bank's

approved comprehensive risk model plus a surcharge on the bank's modeled correlation

trading positions. The agencies propose setting the surcharge equal to 15.0 percent of

the

total specific risk add-on that would apply to the bank's modeled correlation trading

positions under the standardized measurement method for specific risk in section 10 of

the proposed rule.

The agencies propose that banks initially be required to calculate the

comprehensive risk measure under the surcharge approach while banks and supervisors

gain experience with the bans' comprehensive risk models. Over time, with approval

from its primary federal supervisor, a bank may be permitted to use a floor approach to

calculate its comprehensive risk measure as the greater of: (1) the output from the bank's

68

Draft Dated 12/03/2010

approved comprehensive risk model; or (2) 8.0 percent of

the total specific risk add-on

that would apply to the bank's modeled correlation trading positions under the

standardized measurement method for specific risk, provided the bank has met the

comprehensive risk modeling requirements in the proposed rule for a period of at least

one year and can demonstrate the effectiveness of its comprehensive risk model through

the results of ongoing validation efforts, including robust benchmarking. Such results

may incorporate a comparison of

the banks' internal model results to those from an

alternative model for certain portfolios and other relevant data. The agencies may also

consider a benchmarking approach that uses banks' internal models to determine capital

requirements for a portfolio specified by the supervisors to allow for a relative

assessment of models across bans. A bank's primary federal superlIsor will monitor the

appropriateness of

the floor approach on an ongoing basis and may rescind its approval of.

this approach ifit detem1ines that the bank's comprehensive risk model may not

suffciently reflect the risks of

the bank's modeled correlation trading positions

tfolio specified by the supervisors to allow for a r

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