Royal Bank of Scotland enters EU with ASIC


The Australian Securities and Investments Commission (ASIC) has accepted an enforceable undertaking (EU) from The Royal Bank of Scotland PLC and The Royal Bank of Scotland NV (RBS) in relation to potential misconduct involving the Australian Bank Bill Swap Rate (BBSR).
ASIC reported that this was the third outcome the regulator had achieved as part of its ongoing enquiries in relation to the BBSW submission process. UBS AG and BNP Paribas have previously entered into EUs and paid a $1 million voluntary contribution.
"Following ASIC enquiries, RBS reported to ASIC that it had found evidence of conduct seeking to influence its BBSW submissions, based on how the submissions may benefit RBS's derivatives positions," the regulator said. "RBS had withdrawn from the BBSW submissions panel on 30 April 2012.
"RBS also reported to ASIC that it had found limited instances of communications discussing trading of Reference Bank Bills with reference to the setting of BBSW."
ASIC reported that on 6 February 2013, the US Commodity Futures Trading Commission issued orders against The Royal Bank of Scotland PLC and RBS Securities Japan Limited in relation to misconduct in respect of the London Interbank Offer Rate. These orders involved undertakings by these entities as to the integrity and reliability of benchmark interest rate submissions globally.
"RBS has cooperated fully with ASIC in relation to ASIC's investigation into the reported conduct," the regulator said.
"As of 27 September 2013 the BBSW is now electronically calculated, and as such there is no longer the need for panel banks to make submissions.
"ASIC is closely monitoring international developments in relation to benchmarks, including the work of the Financial Stability Board and of the Task Force on Financial Market Benchmarks established by the International Organization of Securities Commissions (IOSCO). ASIC is participating in the IOSCO task force.
"ASIC's inquiries in relation to the BBSW submission process and trading in Reference Bank Bills are ongoing."
As well as entering into an EU, RBS has agreed to make a voluntary contribution of $1.6 million to fund independent financial literacy projects in Australia.
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