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District Circular Letters

December 18, 1997

BANKING SUPERVISION AND REGULATION:

GUIDANCE CONCERNING
THE REPORTING OF COMPUTER-RELATED
CRIMES BY FINANCIAL INSTITUTIONS

RISK-FOCUSED FRAMEWORK FOR SUPERVISION OF LARGE COMPLEX INSTITUTIONS

SURVEY OF DISCLOSURES ABOUT
TRADING AND DERIVATIVES ACTIVITIES
OF BANKS AND SECURITIES FIRMS

To Bank Holding Companies, State Member Banks,
Edge Act Corporations, U.S. Branches and Agencies
of Foreign Banks, and Others Concerned
in the Twelfth Federal Reserve District

Guidance Concerning the Reporting of Computer-Related Crimes by Financial Institutions

The Federal Bureau of Investigation, working with Federal Reserve staff and representatives from the other federal banking agencies as well as other federal law enforcement agencies, has developed a guidance concerning the reporting of violations of the federal criminal statute relating to computer crimes, 18 U.S.C. § 1030 (Fraud and Related Activity in Connection with Computers) in Suspicious Activity Reports (SARs). This guidance is intended to facilitate the timely and accurate reporting of apparent violations of this law to law enforcement and bank supervisory agencies.

The attached guidance describes the provisions of 18 U.S.C. § 1030 and gives some examples of conduct that may violate the law. It also tells you how to report violations in a SAR. We would appreciate your bringing this matter to the immediate attention of all personnel in your organization responsible for reporting suspicious activity.

Risk-Focused Framework for Supervision of Large Complex Institutions

The Federal Reserve Board has developed a handbook, Framework for Risk-Focused Supervision of Large Complex Institutions, to enhance the effectiveness of its supervisory processes for state member banks, bank holding companies, and foreign banking organizations. The Board's letter (SR 97-24[SUP]) detailing this handbook is attached.

Survey of Disclosures about Trading and Derivatives Activities of Banks and Securities Firms

The Basle Committee on Banking Supervision and the Technical Committee of the International Organisation of Securities Commissions (IOSCO) has issued Survey of Disclosures about Trading and Derivatives Activities of Banks and Securities Firms, a joint report on the public disclosure of trading and derivatives activities of banks and securities firms worldwide.

This joint report provides an overview of the disclosures about trading and derivatives activities in the 1996 annual reports of a sample of the largest, internationally active banks and securities firms in the G-10 countries, and notes improvements since 1993. The analysis builds, in part, upon a framework used by the Federal Reserve in analyzing the trading and derivatives disclosures of major U.S. banking organizations.

In total, seventy-nine major banks and securities firms in the G-10 countries comprised the sample reviewed for the 1993 - 1996 period, representing over $14 trillion in total assets and over $83 trillion in notional amounts of derivative instruments. Disclosures in the 1995 and 1996 annual reports of a major securities firm in Hong Kong were also reviewed.

The analysis revealed that there have been general improvements as well as voluntary innovations in the annual report disclosures of a number of large, internationally active banks and securities firms. In particular, there were notable improvements in quantitative disclosures about market risk in 1996 and 1995. However, despite encouraging advances in disclosure practices by a number of institutions in the G-10 countries, many institutions continued to disclose very little about their trading and derivatives activities.

In addition, the report includes recommendations made by the Basle Committee and IOSCO in 1995 for further improvements in disclosures of qualitative and quantitative information about institutions' involvement in trading and derivatives activities, including their risk exposures and risk management policies, and the earnings impact of these activities.

The report's recommendations draw on concepts developed in the Discussion Paper on Public Disclosure of Market and Credit Risks by Financial Intermediaries released by the Euro-currency Standing Committee of the G-10 central banks in September 1994, and in the joint report of the Basle Committee and the IOSCO Technical Committee, Framework for Supervisory Information About the Derivatives Activities of Banks and Securities Firms, issued in May 1995.

Copies

To request copies of Framework for Risk-Focused Supervision of Large Complex Institutions and the Basle Committee and IOSCO joint report on the public disclosure of trading and derivatives activities of banks and securities firms via mail, please contact our Corporate Services Department at (415) 974-2748. These documents are not available via fax due to their length.

Internet Access

The Board's letters and guidances are available via the Board of Governor's internet site (http://www.federalreserve.gov/). Survey of Disclosures about Trading and Derivatives Activities of Banks and Securities Firms is available via the BIS website (http://www.bis.org/).

Additional Information

For additional information regarding these matters, please contact our Banking Supervision and Regulation Department, at (415) 974-2932 [for the guidance concerning reporting of computer-related crimes by financial institutions], at (415) 974-2998 [for the risk-focused framework for supervision of large complex institutions], and (415) 974-3177 [for the survey of disclosures about trading and derivatives activities of banks and securities firms].

FEDERAL RESERVE BANK OF SAN FRANCISCO