Saturday, January 3, 2009

"In making these judgments, Treasury will obtain and consider information from a variety of sources"

From the WSJ:

"
By SARAH N. LYNCH

WASHINGTON -- The U.S. Treasury Department on Friday released guidelines of the program it used under a $700 billion bailout package to justify its $20 billion rescue of Citigroup.

It also unveiled guidelines( THE LACK OF SPECIFICITY HAS BEEN A PROBLEM, INCREASING THE FEAR AND AVERSION TO RISK ) for a new insurance program for troubled assets called the Asset Guarantee Program. At this point, Treasury said it is exploring the use of this insurance program to provide Citigroup with a guarantee of up to $5 billion as part of an agreement that was disclosed in late November when the Treasury, Federal Reserve Board and Federal Deposit Insurance Corporation announced their plans to help rescue Citigroup.

Both the guidelines for the $20 billion purchase of Citigroup stock and the new insurance program were delivered to Congress this week as required by law.

Under the new insurance program, Treasury said it would assume a loss position on certain assets that the department will select, and collect a premium.

Although Treasury is currently considering using the insurance program for Citigroup, its report to Congress seemed to leave open the possibility that other institutions may utilize it. Participation in the insurance program, Treasury said, would be determined on a "case-by-case basis."( THIS HAS ADDED TO OUR PROBLEMS )

"The objective of this program is to foster financial market stability and thereby to strengthen the economy and protect American jobs, savings, and retirement security," Treasury said.

Treasury noted that it is currently reviewing the possibility of developing other programs to insure( GUARANTEE. THIS IS THE ONLY SOLUTION I'M AFRAID. ) troubled assets as well.

The program used to purchase the $20 billion of preferred Citigroup stock, meanwhile, has been dubbed the "Targeted Investment Program." So far only Citigroup has used this program, and it is unclear if other companies may be eligible to utilize it in the future.

Treasury said it considers five factors before deciding if a company is eligible for either the Targeted Investment or the Asset Guarantee programs.

Those include the extent to which the "destabilization of the institution could threaten the viability of creditors" and whether an institution is "sufficiently important to the nation's financial and economic system that a loss of confidence in the firm's financial position could potentially cause major disruptions to the credit markets."

The problem is that these guidelines are not, and have not been, explicit enough. Also, the Treasury Department has also become a Lender Of Last Resort, but is not acting as an effective LOLR.

Here's the actual press release:

"January 2, 2009

HP-1338

Treasury Releases Guidelines for Targeted Investment Program

Washington – Treasury today released the program description for the Targeted Investment Program under which the Citigroup investment that was announced on Nov. 23 was made. This program description is required by Section 101(d) of the Emergency Economic Stabilization Act. Other EESA program descriptions are posted at: http://www.treasury.gov/initiatives/eesa/program-descriptions/.

Guidelines for Targeted Investment Program

The United States Department of the Treasury will determine eligibility of participants and allocation of resources under the Emergency Economic Stabilization Act (EESA) pursuant to the Targeted Investment Program. Financial Institutions (as defined in EESA) will be considered for participation in the Targeted Investment Program on a case-by-case basis. There is no deadline for participation in this program.

Justification

The objective of this program is to foster financial market stability( END THE CALLING RUN ) and thereby to strengthen the economy and protect American jobs, savings, and retirement security. In an environment of high volatility and severe financial market strains, the loss of confidence in a financial institution could result in significant market disruptions( A CALLING RUN, BANK RUN, OR PROACTIVITY RUN ) that threaten the financial strength of similarly situated financial institutions and thus impair broader financial markets and pose a threat to the overall economy( BY FORCING OTHER CALLS ON CAPITAL, FOR INSTANCE ). The resulting financial strains( CLAIMS ON RAISING CAPITAL BY HAVING TO SELL ASSETS, CALL IN ASSETS, BORROW, ETC. ) could threaten the viability of otherwise financially sound ( THE CALLING RUN IS CAUSING THEM TO LIQUIDATE OTHERWISE HEALTHY INVESTMENTS )businesses, institutions, and municipalities, resulting in adverse spillovers on employment( PROACTIVITY RUN ), output( PROACTIVITY RUN ), and incomes.( ALL TRUE )

Eligibility Considerations

In determining whether an institution is eligible for participation, Treasury may consider, among other things( COME ON ):

  1. The extent( NUMBER AND AMOUNT ) to which destabilization of the institution could threaten the viability of creditors and counterparties exposed to the institution, whether directly or indirectly;
  2. The extent to which an institution is at risk of a loss of confidence and the degree to which that stress is caused by a distressed or illiquid portfolio( UNABLE TO BE SOLD AT PRESENT, BUT OF SOME FUTURE VALUE ) of assets;
  3. The number and size of financial institutions that are similarly situated, or that would be likely to be affected by destabilization of the institution being considered for the program( A CALLING RUN );
  4. Whether the institution is sufficiently important( LARGE AND POWERFUL ) to the nation's financial and economic system that a loss of confidence in the firm's financial position could potentially cause major disruptions( INCREASE THE FEAR AND AVERSION TO RISK ) to credit markets or payments and settlement systems, destabilize asset prices, significantly increase uncertainty, or lead to similar losses of confidence or financial market stability that could materially weaken overall economic performance; and
  5. The extent to which the institution has access to alternative sources( WITHOUT GOVERNMENT INTERVENTION OR GUARANTEES ) of capital and liquidity, whether from the private sector or from other sources of government funds.

In making these judgments, Treasury will obtain and consider information from a variety of sources, and will take into account recommendations received from the institution's primary regulator, if applicable, or from other regulatory bodies and private parties that could provide insight into the potential consequences if confidence( ADDS TO CALLING RUN OR THE FEAR AND AVERSION TO RISK ) in a particular institution deteriorated.

Form, Terms, and Conditions of Treasury Investment

Treasury will determine the form, terms, and conditions of any investment made pursuant to this program on a case-by-case basis in accordance with the considerations mandated in EESA. Treasury may invest in any financial instrument, including debt( BONDS ), equity( STOCKS ), or warrants( DEAL SWEETENERS ), that the Secretary of the Treasury determines to be a troubled asset( STRICTLY SPEAKING, ONE THAT CAN'T BE SOLD AT PRESENT, BUT MIGHT SOLD IN THE FUTURE FOR A PROFIT ), after consultation with the Chairman of the Board of Governors of the Federal Reserve System and notice to Congress. Treasury will require any institution participating in this program to provide Treasury with warrants( DEAL SWEETENERS ) or alternative consideration( SOME KIND OF ADDED VALUE ), as necessary, to minimize the long-term costs and maximize the benefits to the taxpayers( ESSENTIAL ) in accordance with EESA. Treasury will also require any institution participating in the program to adhere to rigorous executive compensation standards( GOOD ). In addition, Treasury will consider other measures, including limitations on the institution's expenditures, or other corporate governance requirements, to protect the taxpayers' interests( GOOD ).

These program guidelines are being published in accordance with the requirements of Section 101(d) of EESA."

The problem is the lack of specificity. However, it is true that, going forward, some implicit guarantees will be judged to be explicit. As a Bagehot follower, I find this lack of specificty to have exacerbated the current crisis, although the actions are better than inaction, which would have led to a Calling Run, followed by a Proactivity Run, followed by a Banking Run. At that point, social dislocations such as massive unemployment would have occurred, threatening the actual viabilty of our current Political Culture. This outcome should be avoided at all cost.

No comments: