WM Market Reports
EXCLUSIVE: SBA Keeps It Real In Halting Regulation Overkill; Says Switzerland Is Adapting

This publication recently interviewed one of the top men at the Swiss Bankers Association in Zurich to find out how it is rising to a broad regulatory challenge and pressure on the country to adapt.
In trying to persuade policymakers about the folly of
over-regulation – a constant challenge – the best way to get the
message across is to state that jobs, and wider economic
wellbeing, are on the line, argues the Swiss
Bankers Association.
The organisation, which represents over 300 banks (a number that
has fallen from 375 banks around 14 years ago), believes that
only by showing the tangible harm that can be done to Swiss
people by certain changes will it prevail in making the case for
clear but not destructive rules in the wake of the 2008 financial
crisis.
That is certainly one of the key points made to this publication
by its chief economist, and senior management member, Dr Martin
Hess. The SBA and this publication recently met at the SBA’s
offices in Zurich. The association also has offices in Berne, the
Swiss national capital, and Basel.
“If you want to win a battle in parliament it is about showing
that we are about creating jobs and promoting competition. Maybe
policymakers and regulators think too much about the intended
benefits of regulation and not about the long-term costs,” Dr
Hess said.
The SBA hasn’t been afraid to be blunt in its warnings of
overzealous regulation. Recently, it said the updated European
Union rules known as MiFID, which require non-EU banks to have an
onshore presence in the EU bloc, will hurt Swiss banks,
particularly the smaller ones. The SBA is worried this is hitting
free trade rather than about protecting Joe Public.
“The objective [of MiFID] was consumer and investor protection…We
were afraid that under the label of consumer protection there
would be protectionist tendencies. If you are a country small
like Switzerland, your financial services have to grow abroad,”
Dr Hess said.
There is a lot at risk from the regulatory juggernaut. The Swiss
banking sector employs more than 105,000 people in the Alpine
state. This figure doesn’t include areas such as insurance,
brokerage and asset management, in which case the headcount is
much bigger. Banking accounts for between five and six per cent
of Swiss GDP; in total, financial services make up around 12 per
cent. Banking, in other words, matters a great deal, although as
Dr Hess noted, some people are surprised that banking does not
account for a much larger share of GDP, if they get their
impressions from news headlines. There is a lot more to this
country than banking. (For a recent SBA report on Swiss bank
data, see here.)
Busy times
The SBA has seldom been busier or had to deal with such sensitive
issues. The Swiss and US governments last year signed a sweeping
accord to draw a line under a long-running tax wrangle between
the countries over wealthy Americans’ use of offshore Swiss
accounts. Over a third of Swiss banks have reportedly signed up
to that accord. Separately, a number of Swiss banks face legal
investigation by US authorities for allegedly aiding tax evaders;
the past few years have seen firms such as UBS pay large sums to
settle charges of helping tax dodgers. Wegelin, Switzerland’s
oldest bank (1741), ceased to operate in the US and its non-US
business now operates under a different name. Switzerland has
inked a number of accords with other countries and there is an
increasing sense that its bank secrecy law, which in current form
dates back to the early 1930s, is cracking.
But on the positive side, the country remains one of the world’s
most competitive economies with low inflation and unemployment; a
steady growth rate and a currency that suffers from the “problem”
of being too popular with investors (so much so that the central
bank has capped it against the euro). And Swiss banking has a
centuries-old pedigree and the legal and political stability of
this nation gives it plenty of selling points for international
clients.
Warming to this point, Dr Hess also stressed that the sheer
variety of banking models in Switzerland, ranging from big,
universal models (such as UBS and Credit Suisse) to smaller,
stand-alone institutions, was a strength, particularly as there
is no such thing, in his mind, as a “perfect” type of bank.
“Looking back at the crisis, I haven’t seen one banking model
that is more fragile or stronger than any others…the more
restrictive the regulations, the more similar banks will be,” he
said.
And Swiss financial services need to move forward. One initiative
Dr Hess was keen to focus on was the work it is doing to help
promote the country as an asset management hub. It is working
with the Swiss Funds and Asset Management Association, as well as
other trade service bodies. “This is something of a new direction
on asset management,” Dr Hess said.
Another issue in promoting Switzerland’s financial services is in
its status as a place to handle RMB transactions. The country is
in close dialogue with China about this. One objective is to
attract Chinese banks to Switzerland, he said. To date, Chinese
banks haven’t beaten the kind of path to the West that was taken
by Japanese firms three decades ago; with the RMB becoming an
international currency and China achieving status as the world’s
second-biggest economy, Switzerland can’t afford not to get a
piece of the action.
One question put to Dr Hess was on the regular prediction made
that the wealth management industry in Switzerland was ripe for
heavy consolidation via mergers and acquisitions, and some recent
moves (Julius Baer-Merrill Lynch; Credit Suisse-Morgan Stanley’s
wealth arm; Safra-Sarasin) have fuelled such talk. Dr Hess is
cautious; he said that the decline in the total number of Swiss
banks long pre-dated the 2008 financial crisis, adding that broad
consolidation had not yet come to pass.
What is worth noting, he concluded, is that while Switzerland has
had to deal with a lot of issues, it has done so in some ways
earlier than in other countries. “I think banks have seen that
there are new times ahead. Banks here have taken action earlier
than a lot of their competitors abroad,” he said in reference to
meeting higher capital requirements.
“If you adapt and take corrective action early enough, you are
able to be very competitive in the future,” he said.