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Business

S.E.C. Chair Gensler Emphasizes Transparency in Markets

Gary Gensler puts market transparency and the need to understand the impact of new technology high on his priority list as the new chairman of the Securities and Exchange Commission.

“I think transparency is at the heart of efficient markets,” said Gensler on his first Capitol Hill testimonial as the country’s top securities cop.

Speaking from his living room, Mr. Gensler video appeared before the House Committee on Financial Services to discuss the SEC’s response to the tumultuous trading of GameStop stock in January. The massive surge in the video game company’s stock price was fueled by retail investors who bought their stocks through Robinhood and other commission-free trading apps, and banded together on social media to inflict huge losses on a hedge fund that had bet on GameStop stocks would fall. Some investors who bought GameStop stock at peak times later lost money.

Mr Gensler said SEC officials were working on a report addressing the issues raised by the episode, which will be released this summer. He also said new rules might be needed for brokerage apps that turn stock trading into a game or competition, a method called gamification.

“Through gamification, you are using psychological props to get people to act more,” Gensler said. Apps that encourage easy trading are part of a wider financial transformation where new technologies have opened markets to ordinary investors, but they also bring new risks, he said.

Mr. Gensler used his appearance to speak on other issues facing the markets and Wall Street. He said the SEC needs to “lean in” to ensure that traders, corporations and others are not using social media to manipulate the markets. Mr Gensler said he plans to work with Congress to develop a strategy to regulate the exchanges on which cryptocurrencies are bought and sold.

Legislators took the opportunity to invite Mr. Genslers’ views on a number of other issues, including whether companies should be required to disclose the environmental impact of their business and whether new regulations are needed for business development companies.

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May 6, 2021, 11:23 a.m. ET

Mr Gensler, 63, reminded lawmakers that he was only his third week on the field and that while he had many things on his to-do list, he had some catching up to do on topics the SEC had already been working on.

In his prepared testimony, Mr Gensler said the staff who prepared the report on GameStop were also looking into whether professional investors who bet that stocks will fall – meaning keeping them short – should be required to disclose .

Mr Gensler said the collapse of Archegos Capital Management, which caused Wall Street banks to lose more than $ 10 billion, has led regulators to consider whether traders should be required to disclose derivatives – the financial trading instruments which allowed Archegos to take massive positions in stocks without attracting any attention. Much of Archegos’ losses was attributed to the company’s heavy investment in total return swaps, a type of heavily leveraged derivative that can allow a trader to get exposure to a stock without actual ownership.

Mr Gensler’s tenure got off to a rocky start after Alex Oh, his enforcement director election, was forced to step down just days after his appointment because Paul, Weiss, the major law firm she had worked for, faced potential sanctions in a case in which she was heavily involved.

The hearing with Mr. Gensler was the third and last to deal with GameStop and the frantic trading in the House Financial Services Committee’s markets. The first hearing was held on February 18, when GameStop’s shares were trading around $ 40 per share after falling from a high of $ 347 per share. Since then, the stock has risen again, rising nearly 300 percent to $ 160 per share.

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Business

The Watch Business Lacks Transparency. That Is Altering.

The Swiss have long had a reputation for being discreet in business life. (Think banks). And their watch industry is no different.

However, growing pressure from activists, investors and consumers on environmental and ethical accountability has convinced some brands that the time has come to reveal where they source some of their raw materials.

They are fighting the deeply ingrained tradition of discretion in the industry, a practice born out of watchmakers’ fear that identifying suppliers will reveal details of their expertise and give competitors an edge.

However, many are kept secret for a completely different reason: They are reluctant to admit that their “Swiss Made” watches contain numerous components made in China. These are not legal concerns: According to Swiss law, at least 60 percent of the manufacturing costs of a product must be incurred in the country in order for it to qualify for the label.

Rather, it is at least partly a branding issue: “Swiss Made” has long been associated with quality, precision and value and is an essential part of the marketing strategies of most Swiss watchmakers. Will that be undermined if the products are not exclusively of Swiss origin?

“The real transparency challenge facing the watch industry goes beyond these important issues, supply chain ethics – it’s the integrity of Swiss Made,” said Jean-Christophe Babin, Bulgari General Manager, in a video call earlier this month. “When you find watches for 500 Swiss francs [$530] If you claim to be Swiss with mechanical movements, you can assume that there is a miracle behind it. Because I’ve never done it before and have been in the Swiss watch industry for 20 years. “

Brands at the prestigious end of the watchmaking spectrum, for whom the Swiss Made edition is less of a problem because they make their own parts or buy them from Swiss suppliers, face a different challenge: the need to demonstrate their commitment to sustainability and ethical sourcing.

They are also being driven by a number of other factors – industry changes caused by the pandemic and digital growth, a new generation of executives, public pressure – to displace long-standing ideas about the way they do business. including the value of, reconsidering working with fellow watchmakers.

For consumers, the emerging spirit of openness in the industry means unreachable information such as: B. Where brands get their gold from and how they make their timepieces more available. Some watchmakers even go out of their way to share this.

For example, during the virtual watch fair in Geneva, which began on April 7, Panerai unveiled the Submersible eLAB-ID, a 44-millimeter wristwatch made almost entirely from recycled raw materials, including recycled Super-LumiNova on the hands and recycled Silicon is its movement inhibitor and a recycled titanium alloy known as EcoTitanium is on its case, sandwich dial and bridges.

In a press release, the brand named the nine companies that worked on the watch, which will remain a unique concept watch until 2022, when Panerai plans to release a limited edition of 30 pieces, each priced at around 30 pieces tentatively are 60,000 euros. “We’d like to be copied and improved,” said Jean-Marc Pontroué, Panerai’s managing director, during a video interview last month.

Mr Pontroué said the value of making a recycled watch is in the ability to “make noise” in order to put the collective effort into making it.

“The watch will be limited to 30 pieces. It won’t change the life of Panerai or the watch industry, ”he said. “But the idea is to create a new business that makes these companies stand out and can be approached by any of our competitors.”

Similarly, in November, Ulysse Nardin unveiled an upcycled concept watch called Diver Net, which features a case and bezel made from recycled fishing nets and a bracelet made from recycled plastic taken from the ocean. The company announced the names of its suppliers in press materials.

“We didn’t try to pretend we could do it ourselves,” said Patrick Pruniaux, Ulysse Nardin General Manager. “You have to do things that inspire others.”

This philosophy is also represented by parent company Kering, the Paris-based luxury group that also includes Gucci, Boucheron and ten other companies High-profile brands – this has made a name for itself for transparency and activism in a sector that is not known for either quality.

Kering has taken this route, at least in part, because it keeps an eye on what its buyers – and potential future buyers – want.

“All over the world,” said Marie-Claire Daveu, Kering’s chief sustainability officer, on a video call last month, “they have millennials and Gen Z.” [customers] ask more questions and want more answers in more detail. “

Claudio D’Amore, a Lausanne-based watch designer, is one of the few Swiss watch managers to welcome such a test. In 2016, he founded a crowdfunding brand called Goldgena Project, later renamed Code41, whose radical approach to transparency was a response to the long simmering debate in the industry about the Swiss Made label.

Mr. D’Amore created his own label called TTO for Total Transparency on Origin. And Code41 is just as transparent about another sensitive issue: pricing.

On their website, the brand included a table listing all of the components and processes of their latest crowdfunded watch, the NB24 Chronograph, as well as their prices and origins. For example, the watch’s Swiss movement cost the company $ 1,056 (including tax), while the Chinese-made titanium case, dial, and packaging were $ 167, $ 56, and $ 22, respectively. The total cost of the watch to manufacture was $ 1,474.

Below the table, the brand stated that it had hit a retail price of $ 3,500 by adding something called a “minimal markup” for profitability.

“At first some people didn’t like us explaining everything,” D’Amore said on a video call last month. “But we also got a lot of positive comments from people who encouraged us, ‘It’s time someone told us how it works.'”

Even the most established brands in the Swiss watch trade understand this message.

According to IWC Schaffhausen, visitors to the website will be able to click an icon or logo on any product page through July for information on the steps that are being taken to ensure that the materials have been responsibly sourced.

The information is part of the latest sustainability report from IWC. What is new is how easy online access will be, said a spokeswoman.

Chopard is another well-known watchmaker who is making an effort to make its business more transparent. In late February, the Geneva-based brand updated its website with more information on its commodities, including gold from the Barequeros, a community of artisanal miners in the Chocó region on Colombia’s Pacific coast. For the first time, the Code of Conduct for Partners was also published.

However, Juliane Kippenberg, a Berlin-based mineral supply chain expert at Human Rights Watch, says these measures are still not meeting the needs of other sectors such as the apparel industry to create transparency, particularly on the complex issue of gold sourcing.

“Big companies like Adidas and H&M publish Excel spreadsheets listing the names of the clothing factories that make their products,” said Kippenberg. “But there is far more reluctance to do this in this sector.” (Of course, these companies aren’t immune to controversy either; H&M, for example, is embroiled in one over its cotton sourcing.)

This hesitation may be because many watchmakers still fear the threatening effects of transparency on their intellectual property.

“Part of our know-how is the know-how and the how – why should you share it?” said Wilhelm Schmid, managing director of A. Lange & Söhne, a renowned watchmaker from the German city of Glashütte.

From Ms. Kippenberg’s point of view, however, the information she wants to see has nothing to do with the characteristic technical or artistic details of a watch. “It’s about the conditions under which the material is mined and processed and the actors in the supply chain,” she said. “There is also a broader question of accountability. Transparency is the only way to ensure that human rights violations can be prevented or addressed. “

Like it or not, the greatest watchmakers in Switzerland may soon no longer have a choice.

In November, Swiss voters rejected the Responsible Business Initiative, a proposal by a civil society coalition that would require Swiss companies to carefully review their human rights and environmental risks in their supply chains and publish their reports. A counter-proposal by the Swiss parliament, according to which companies must ensure the traceability of their supply chains and make their reports publicly available for 10 years, is expected to come into force in 2022.

That means even the notoriously narrow Rolex, the world’s top-selling brand – a Morgan Stanley report on Swiss watches published last month found the company now has an estimated 26.8 percent market share – needs to be more transparent about its business.

“You can’t claim to be a private company because nobody asks your trade secrets,” said Milton Pedraza, executive director of the New York City-based Luxury Institute. “You will have to answer. There is no place to hide. “

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Business

Biden’s Picks for Monetary Regulator Jobs Emphasize Transparency and Equity

President Biden’s decision to head two key regulatory agencies – the Securities and Exchange Commission and the Consumer Financial Protection Bureau – highlighted two goals Tuesday: transparency and control of powerful interests. He stressed that those who break the law must be held accountable for their actions.

In a full hearing before the Senate Banking Committee, SEC candidate Gary Gensler and consumer bureau candidate Rohit Chopra gave details of their positions on issues such as climate change, stock market volatility, student loans and cryptocurrencies.

Faced with questions from Republicans who suspected Mr Biden might use regulatory agencies to advance liberal policies, the two candidates insisted they would not extend the powers entrusted to the agencies – but were sure how to exercise it would.

For example, Mr Gensler defended the need for companies to disclose climate risks and diversity efforts, saying these issues are a top priority for many investors. “I think diversity in board and leadership roles is beneficial to decision-making, and that is something I am committed to with the SEC,” said Gensler.

Republicans asked whether it was appropriate for the SEC to impose such standards on companies, but Mr. Gensler repeatedly stressed that he was talking about transparency for investors and not instructing companies to take certain actions.

Mr. Gensler said corporate disclosure rules boil down to “materiality” and what a “reasonable investor” wants to know. He said the standard was largely developed by the courts but has changed over time.

“It’s the investor community that can decide,” Gensler said, not companies. And with “tens of trillions of assets invested,” he said, they are looking for information on climate risks.

The hearing was milder than expected, especially for Mr Chopra, who ran an agency that is often demonized by Republicans. Mr. Chopra is a close ally of Senator Elizabeth Warren, the Massachusetts Democrat who inspired the creation of the Consumer Bureau, and is expected to aggressively use the agency’s wide-ranging powers to set and enforce rules, including by serving businesses Forcing consumers to pay refunds they have done wrong.

Senator Patrick J. Toomey of Pennsylvania, the senior Republican, echoed his party’s criticism of the consumer bureau in his opening speech, calling it “arguably the most inexplicable agency in federal government history” and one that has persecuted an “activist”. Anti-business agenda. “

But this criticism was at times undercut by members of his own party. Throughout the hearing, Republicans have called for tighter surveillance on companies that harm consumers, especially those targeting members of the military and the elderly, on several occasions. Senator John Kennedy, Republican of Louisiana, suggested that Congress tighten the rules on credit bureaus, forcing them to be more responsive to consumer complaints about inaccurate information in credit reports.

Senators from both parties questioned Mr. Gensler about the GameStop trading frenzy in January, specifically how brokers like Robinhood, the online trading platform at the center of the rally, are making money.

Mr. Gensler assured several senators that, under his leadership, the SEC would investigate the aftermath of the sudden rise and fall in the video game company’s stock and sales of customer deals – called the payment for the flow of orders – that fund popular trading platforms that don’t charge commissions. Mr Gensler said the practice needs to be reviewed to see if it is harming retail investors.

Mr. Chopra, currently commissioner for the Federal Trade Commission, also discussed popular tech companies and criticized the FTC for what he believed to be lax enforcement efforts. The commission’s deal with Facebook on how to deal with people’s private information in 2019, which included a $ 5 billion fine, did not resolve the company’s core problems, he said.

Silicon Valley’s powerhouses will be in the crosshairs of the consumer bureau, he said, saying it is critical for the agency to “look closely” and “look at the implications for our privacy” at big tech companies entering the financial services market and privacy to evaluate our personal information. “

Student loan oversight is another priority for Mr Chopra, who previously served as the first student loan ombudsman at the Consumer Bureau. Some of the problems plaguing the mortgage industry prior to the housing crash – including rampant maintenance failures that hurt borrowers seeking relief to which they were legally entitled – had crept into the student loan market, he said.

Mr Chopra said he will work with the education department and attorneys general to ensure student loan service providers and other industry players are complying with the law. “It’s very, very important that we get it right,” he said.

He also said the office must closely monitor the property market as eviction moratoriums and other emergency chemical relief efforts end. The consumer bureau warned this week that 11 million families – nearly 10 percent of US households – are in arrears with their payments and face eviction or foreclosure.

“We need to be prepared for potentially looming problems when it comes to forbearance that could lead to foreclosures,” said Chopra.

The sharpest moment of the hearing came when Mr Toomey pressed Mr Chopra on his previous criticism of lawmakers who had supported changes to curb consumer bureau independence. In a 2016 lecture, Mr. Chopra accused these lawmakers of “having shillings for predatory lenders,” a statement that Mr. Toomey asked Mr. Chopra to withdraw.

“I regret saying that,” replied Mr Chopra.

Mr. Gensler, who headed the Commodity Futures Trading Commission during the Obama administration and worked for the Senate Banking Committee decades ago, encountered fewer problems. Republicans shared some of his concerns about fair treatment of retail investors and noted his expertise in digital currencies, a subject Mr. Gensler taught at MIT

Mr. Gensler assured Senator Mike Rounds, Republican of South Dakota that he shared the Senator’s desire to support experiments in digital currency.

“These innovations were a catalyst for change,” said Gensler. “Bitcoin and other cryptocurrencies have brought new considerations to payments and financial inclusion, but they have also raised new investor protection issues that we have yet to consider.”

And when Mr. Kennedy asked Mr. Gensler why more people on Wall Street didn’t go to jail after the financial crisis a decade ago, Mr. Gensler said he agreed with the Louisiana Republican concerns but noted that the agency he was During the year the crisis headed only civil and not criminal law enforcement agencies.

“Those are questions I share with you,” said Mr. Gensler.

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Health

HHS releases sweeping new report on U.S. Covid outbreak in transfer towards transparency

The Department of Health and Human Services released a comprehensive new report on the state of the U.S. Covid-19 outbreak on Friday, releasing data previously only available to government employees.

The new “Community Profile Report” uses data collected by various agencies, including the Centers for Disease Control and Prevention, and the HHS Protection System to show the severity of the outbreak in different states and even counties. The first report shows that 35 states are “red,” indicating a major outbreak.

The report also names “selected high-exposure areas” where the number of new cases is increasing rapidly along with the percentage of positive tests. For example, Nashville, Tennessee, Tulsa, Oklahoma, and Somerset, Pennsylvania are high-pollution areas in the first report.

The report also identifies “Rapid Riser Counties” and displays several heatmaps that contain various statistics that are used to determine how bad the local outbreak is in counties across the country. It records, among other things, the death rates, the percentage of positive tests and hospital admissions in Covid.

It is the most comprehensive picture of the US outbreak released by the federal government about nine months after the virus spread across the country. It is a reminder that such data was withheld from the public for months while it was distributed among federal and some state officials.

Jose Arrieta, who served as the chief information officer for HHS when the government launched HHS Protect, the agency’s Covid-19 hospital data warehouse, said the new report was “certainly a step in the right direction” toward transparency. Arrieta resigned in August.

“A number of agency staff, including myself when I was there, pushed for transparency,” he said in a telephone interview on Friday. “I appreciate the fact that the data is being shared.”

Dr. Janis Orlowski, Chief Health Care Officer of the Association of American Medical Colleges, is a member of the working group for White House Health Advisor Dr. Deborah Birx, on improving HHS protection. She said she and other members had been pushing for more data to be released over the past few weeks.

“We pushed for transparency, transparency, transparency … and they are doing a good job,” she said. “I like that it’s transparent and that epidemiologists and other people can look at it and say that’s fine, but it would really be better if we knew X, Y or Z.”

HHS spokeswoman Katie McKeogh said in a statement to CNBC that at least some of the data is in one form or another in scattered reports, but this new report brings it all together.

“As you know, there are different reporting processes at the local, state and state levels, and it has taken time and effort to build consistency between these systems to present the data as you see it today,” she said in a statement opposite CNBC. “This report has been extremely valuable to the federal response and we hope it will be helpful to state and local health departments, hospitals, businesses and the public as well.”

Much of the data in the report has been distributed to governors and state officials by the White House coronavirus task force to guide local Covid-19 strategy. Many of the reports, which in public statements often paint a worse picture of the outbreak than federal officials, were received from reporters.

The new public reports are a major step towards transparency in a federal response that is largely characterized by its opaque data collection.

“We hope that making this data public will help Americans make personal choices to slow the spread,” a group of federal officials who campaigned for the report said in a statement titled “Our data is yours Data”. The group includes Heather Strosnider, Co-Head of Integrated Surveillance at CDC, Kelly Bennett, Co-Head of Integrated Surveillance in the Assistant Secretary’s Office for Preparedness and Response, Amy Gleason of US Digital Service and Kevin Duvall, Assistant Head of Data Officer at HHS .

“HHS believes in the power of open data and transparency,” they wrote. “Publicly publishing the reports that our own response teams use and using the information by others outside of the federal response will only make the data better.”

A federal conflict over data transparency began this summer when the CDC’s data infrastructure proved inadequate to meet the requirements of the Covid pandemic. For example, federal officials needed daily data on the number of Covid patients in each hospital in order to be able to make potentially life-saving decisions about the allocation of scarce resources.

Instead of working on a quick overhaul of the CDC system, HHS rolled out a new data collection system called HHS Protect this summer with the help of federal companies, including Palantir. While many in the public health sector recognized the limitations of the CDC’s data collection system, some saw it as a move by the Trump administration to phase out the CDC amid a crisis.

Orlowski said the detail of the new public report is a demonstration of what HHS Protect is capable of and a testament to the progress the U.S. has made in collecting public health data during the pandemic.

“Never waste a crisis,” said Orlowski. “As long as we don’t increase the burden on the hospital, I believe we must continue to do so.”