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Financial Sector Legal and Regulatory Toolkit : Part One: Introduction and Overview : II. International Financial Standards and Standard-Setting Organizations
B. Standard-Setting and Standard-Setting Organizations
The FSF has agreed upon twelve core areas for standards, which in turn include a total of fifteen individual key standards. These key standards are grouped into three main categories: (i) macroeconomic policy and data transparency, (ii) institutional and market infrastructure, and (iii) financial regulation and supervision. Each set of key standards is supported by a methodology for assessment and implementation and a variety of related principles, practices, and guidelines.
Standards are set by a range of different bodies. These can largely be grouped into international financial institutions (IFIs), other formal international organizations, and international financial organizations (IFOs). IFOs are mainly regulators, central banks, professional groups, market associations, expert groups, and legal groups.
Standard-setting processes appear to follow a similar pattern, with the basic elements (for both initial development and revision) appearing as follows:
- networking and lobbying by potential standard setters for mandates to develop standards in various areas;
- support through the G-7, G-20, FSF, or other bodies for a standard development process to proceed;
- international process of awareness building and discussion of issues;
- multilateral technocratic cooperation in drafting;
- support from the governing body of the standard setting organization;
- testing of use of standard in monitoring and implementation;
- finalization of guidance and supporting materials; and
- approval by the governing body of the standard-setting organization(s) and referral to other bodies such as the G-7, G-20 or FSF.
While neither formal nor completely transparent, the process of standard-setting does appear to be taking place on a multilateral, political, and technocratic basis, thereby resulting in standards with wide support.
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Standards have been developed with the participation of the following institutions:
- IFIs - includes the IMF, World Bank, and BIS
- Other formal international organizations - the Organisation for Economic Co-operation and Development (OECD)
- IFOs
- Regulators - Basel Committee, International Association of Insurance Supervisors (IAIS), and International Organisation of Securities Commissions (IOSCO). The Financial Action Taskforce (FATF) can also be included in this category.
- Central banks - Committee on Payment and Settlement Systems (CPSS) and Committee on the Global Financial System (CGFS)
- Professional groups - includes the International Accounting Standards Board (IASB) and the International Federation of Accountants (IFAC)
- Market associations - includes the International Swaps and Derivatives Association (ISDA), the Securities Industry and Financial Markets Association (SIFMA), the Emerging Markets Traders Association (EMTA), and the International Capital Market Association (ICMA)
- Expert groups - includes the Group of Thirty, the Peter G. Peterson Institute for International Economics, and a plethora of domestic and academic research and policy institutes
- Legal groups - includes the International Law Association, International Bar Association, the UN Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT), the Hague Conference on Private International Law, and the Council of Europe.
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