Blockchain Standards in International Banking

Authors

  • Scott Farrell Partner, King and Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney, NSW, 2000, Australia

DOI:

https://doi.org/10.13052/jicts2245-800X.732

Keywords:

Standards, Blockchain, Smart Contracts, International Banking, Derivatives

Abstract

This article discusses how blockchain standards need to be integrated into the other standards of international banking to facilitate the effective use of the technology. The first part of the article describes the role that blockchain could perform in international banking and why standards are needed for this. The second part of the article describes the role that standards of many different types perform in international banking. The third part of the article describes areas of potential deviation between standards developed for the implementation of blockchain technology and the existing standards which apply to international finance and why these conflicts cannot be ignored.

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Author Biography

Scott Farrell, Partner, King and Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney, NSW, 2000, Australia

Scott Farrell is a senior partner of King & Wood Mallesons with more than 20 years’ experience in markets and systems law in Australia and Asia. Scott has given many years of service to advising on, and guiding, regulatory and legal change in the financial landscape. Much of Scott’s current work is at the connection between financial markets and fintech, including blockchain, smart contracts and data. Scott is the co-chair of the Australian Government’s FinTech Advisory Group and coordinates its open banking and blockchain work streams. Scott led the Australian Government’s review into Open Banking, which made the recommendations which are now being implemented to create Australia’s Consumer Data Right. Scott has been named one of Asia’s top 10 innovative lawyers by the Financial Times.

References

Committee on Payments and Market Infrastructures, “Distributed ledger technology in payment, clearing and settlements: An analytical framework”, February 2017, 2 https://www.bis.org/cpmi/publ/d157.pdf.

BIS, “BIS Quarterly Review”, September 2017, 55 https://www.bis.org/publ/qtrpdf/ r_qt1709f.pdf.

Committee on Payments and Market Infrastructures, “Distributed ledger technology in payment, clearing and settlements: An analytical framework”, February 2017, 1 https://www.bis.org/cpmi/publ/d157.pdf.

IOSCO, “IOSCO Research Report on Financial Technologies (Fintech)”, February 2017, 55 https://www.iosco.org/library/pubdocs/pdf/IOSCOPD554.pdf.

Ibid 56.

BIS, “BIS Quarterly Review”, September 2017, 67 https://www.bis.org/publ/qtrpdf/ r_qt1709f.pdf.

IOSCO, “IOSCO Research Report on Financial Technologies (Fintech)”, February 2017, 56 https://www.iosco.org/library/pubdocs/pdf/IOSCOPD554.pdf.

BIS, “BIS Quarterly Review”, September 2017, 56 https://www.bis.org/publ/ qtrpdf/r_qt1709f.pdf.

IOSCO, “IOSCO Research Report on Financial Technologies (Fintech)”, February 2017, 55 https://www.iosco.org/library/pubdocs/pdf/IOSCOPD554.pdf.

Reserve Bank of Australia, “ISO 20022 Migration for the Australian Payments System – Issues Paper”, April 2019.

Ibid 1.

Bank for International Settlements, “Statistical release: OTC derivatives statistics at end-June 2018”, 31 October 2018.

The notional amount is the figure from which parties’ payments are calculated, whilst the gross market value is the value of those payments, at current market prices. By way of explanation, if the payments of interest under a loan were to be expressed as a derivative, then the amount of the loan on which the interest is calculated would be the notional amount and the gross market value would be the total amount of interest payable, valued as if it were payable at once.

An interest rate swap is a derivative transaction under which the two parties agree to exchange payments based on the application of different interest rates on the same notional amount. Under a cross-currency swap the notional amount for each party is denominated in a different currency, and the notional amounts are also exchanged at the start and end of the transaction.

Financial Stability Board, “Reforming major interest rate benchmarks: Progress Report”, 14 November 2018.

Financial Stability Board, “Making Derivatives Safer” https://www.fsb.org/work-of-the-fsb/policy-development/making-derivatives-markets-safer/.

The others were making financial institutions more resilient, ending too-big-to-fail and enhancing the resilience of “shadow banking”.

Financial Stability Board, “Implementation and Effects of the G20 Financial Regulatory Reforms: 28 November 2018 4th Annual Report”, November 2018 https://www.fsb.org/wp-content/uploads/P281118-1.pdf.

Bank for International Settlements, “Minimum capital requirement for market risk”, January 2019 https://www.bis.org/bcbs/publ/d457.pdf.

International Swaps and Derivatives Association, Inc., “Model Netting Act and Guide”, 2018.

The Convention on the law applicable to certain rights in respect of securities held with an intermediary, or Hague Securities Convention.

Financial Action Task Force, “Public Statement – Mitigating Risks from Virtual Assets”, 22 February 2019, http://www.fatf-gafi.org/publications/fatfrecommendations/documents/ regulation-virtual-assets-interpretive-note.html

Indeed, that is the very expression used by some leading commentators, such as Lawrence Lessig. Lessig’s original work was in fact calledThe Code is Law and other laws of cyberspace (1999). Lessig published a second edition of this in 2006 calledCode 2.0.

Published byCPSS-IOSCO, April 2012.

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Published

2019-09-20

How to Cite

Farrell, S. . (2019). Blockchain Standards in International Banking. Journal of ICT Standardization, 7(3), 209–224. https://doi.org/10.13052/jicts2245-800X.732

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Articles