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BIG BANG UNDERWAY: April Revision of Forex Laws Begins Reforms April 17, 1998 April 1, 1998, was marked by the beginning of the "Big Bang," a set of measures intended to bring about a thoroughgoing reform of Japan's financial markets. The fuse was lit with the enactment of the revised foreign-exchange law. Also liberalized were brokers' commissions on securities transactions involving 50 million yen (385,000 U.S. dollars at 130 yen to the dollar) or more. And Japanese and foreign financial institutions have begun taking steps to merge with one another. Already, one major U.S. brokerage has created a new company, taking over some employees and assets of Yamaichi Securities Co., a big-name brokerage that failed recently. Bringing Down Barriers Revision of the Foreign Exchange and Foreign Trade Law is considered the pioneering reform in the Big Bang. The original law was drawn up in 1933 at a time of currency shortage in Japan. For a very long time, currency transactions were restricted in principle. Later, however, Japanese companies became more globally active and had more need to exchange currency, so the law was changed to allow free exchange of and transactions in currencies except in specific cases. Under the old law, the government allowed only certain banks to handle foreign exchange. Now, however, anybody can hold and exchange foreign currency, and cross-border fund transfers have become completely liberalized. Until April, Japanese companies were only able to use yen for settlement of payments among their units. Now that they can use foreign-currency reserves they have on hand, they no longer have to pay exchange commissions to banks. In particular, companies operating both at home and abroad, previously settling import and export accounts separately for each subsidiary, can now consolidate all accounts of the group as a single account, saving time and effort in the settlement process. Money-changing is another area where big changes are
expected. Prior to the legal revision, certification was
needed to offer this service; apart from banks, it was only
granted to a select few classes of business, such as major
travel agencies. This restriction has been lifted.
Supermarkets, convenience stores, and other retailers are
already preparing to allow customers to pay in dollars and
other major currencies after on-the-spot conversion into
yen. Also abolished were the permit and notification
requirements to which investors were subject before buying
stocks abroad, and restrictions on the opening of accounts
at overseas financial institutions. Japanese investors are
likely to show heightened interest in foreign financial
products as they seek better returns on their money. These deregulatory measures have aroused the interest of foreign financial firms like Merrill Lynch, the biggest U.S. brokerage. It has taken on staff and acquired some branches of failed Yamaichi Securities Co. Having set up a new company, it plans to focus on retail services at around 30 branches nationwide from mid-1998. Meanwhile, as the first Big Bang reforms bring about heightened competition in the financial market, "prompt corrective action," a new financial policy tool to gauge the soundness of individual companies, has also gone into effect from April 1998. This requires financial institutions with low levels of capital adequacy to improve their financial condition. If the capital adequacy ratio (a financial institution's capital and other "own" assets as a percentage of all its assets, among which are included credits to borrowers) of the institution falls below a certain level, the government may order it to improve or even to stop its operations. After the Big Bang, financial institutions and investors will have to take full responsibility for their decisions, and many of the former will be forced out of business. But it is only through such bloodletting that Japanese financial markets are expected to revive.
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