This page has been archived and commenting is disabled.

SEC Denies China's Dagong of Market Entry After U.S. Debt Downgrade

asiablues's picture




 

By Dian L. Chu, Economic Forecasts & Opinions

The U.S. Securities and Exchange Commission (SEC) on Thursday denied the application by China's largest credit rating firm--Dagone Global Credit Rating Co.--to become a Nationally Recognized Statistical Rating Organization (NRSRO) in the U.S.

The SEC cited concern regarding cross boarder supervision since “It does not appear possible at this time for Dagong to comply with the record keeping, production, and examination requirements of the federal securities laws."

Media report quoted an SEC official that Dagong is the first firm to be denied by the SEC since the regulations governing the application process went into effect in 2007.

Dagong’s claim to fame came with its first international sovereign ratings report released in July of this year. In the report, Dagone stripped the U.S. the AAA rating, while giving emerging economies like Brazil and China higher credit ratings than the US , the UK, and Japan. Those ratings widely contradict the ones assigned by the Big Three – Moody’s, Standard & Poor's, and Fitch.

Dagong, then followed up with some sharp criticism of its western counterparts, and a verbal clash with Harold "Terry" McGraw III, whose company owns Standard & Poor’s credit agency.

So, it is of no surprise that Dagong immediately issued an angry rebuff calling the SEC’s decision discriminatory against China and a barrier specifically set for Dagong. It also takes the matter a few octanes higher –citing China’s sovereignty and financial assets safety are at issue here. From People’s Daily Online:

“….the contention by U.S. authorities… amounts to bias against Chinese credit-rating agencies. Dagong will not accept the NRSRO status at the price of betraying national sovereignty….. Dagong will consider conducting activities at the right time to protect its rights, including seeking legal actions against the SEC."

China Daily also cited Dagong statement that having China's own say in credit rating in the United States is significant to safeguarding the security of China's overseas financial assets. And Dagong aims to enter the U.S. market to protect China's interests as the largest creditor there. As of July, China held $846.7 billion worth of U.S. Treasurys, according to official U.S. data.

Although Dagong’s ownership structure is not public information, the company works closely, and undoubtedly has significant linkage to the Chinese government. So we can pretty much take whatever coming out of Dagong as “quasi-official,” at the minimum. 

Meanwhile, quite Interestingly, a Xinhua editorial quoted Jiang Yong, director of the Center for Economic Security Studies, that he was "shocked" as to how the 'Big Three' ratings agencies have been able to penetrate and accumulate a database “far bigger” than that of the Chinese government over the past three years.

With its increasing wealth and presence, China is becoming more aggressive and assertive in global affairs. While China’s been successful in entries into sectors such as energy, mining, and banking, credit rating is one financial niche that China has not been able to crack.  Beijing is obviously getting anxious as the world's largest sovereign debt holder, and Dagong is the only major Chinese rating company without foreign ownership.

SEC’s delivery of this denial of entry news coincides with Japanese PM’s rejection to China’s demand for apology and compensation for the seizure of the fishing boat and its crew.  And Beijing is already unset with Washington’s involvement in the sea border disputes with Japan and China’s other neighboring countries, and had signaled for the U.S. to stay out of it. This is on top of the newly escalating yuan and trade dispute.

In the midst of all, Beijing is most likely going through a heightened sense of national identity and image crisis right now.  As such, Dagong will unlikely go away quietly, while the U.S. is not going to let Beijing breathe down the neck of its T-bill.  Now, I wonder which jurisdiction would Dagong bring this law suit against the SEC?

Note: More of my blog entries covering the saga of Dagong here.  Statement on SEC Rejection by Dagong here.      

Dian L. Chu, Sept. 26, 2010

 

- advertisements -

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Fri, 11/12/2010 - 02:02 | 721416 paragshah12
paragshah12's picture

What's really striking about the Dagong analysis is the lower GDP number. This reminds me of a chart of GDP showing negative growth starting in 2001, a chart showing the contribution of home equity borrowing. In other words the US has been in recession since 2001 if you take out home equity leverage.
http://www.financemetrics.com/chinese-economy-not-as-indispensable-as-yo...

Mon, 09/27/2010 - 02:04 | 606638 thegr8whorebabylon
thegr8whorebabylon's picture

Joe Mutt Lun YAY

Mon, 09/27/2010 - 01:47 | 606623 RagnarDanneskjold
RagnarDanneskjold's picture

The SEC has requirements for disclosure. Dagong wants an exception due to "state secrets." What state secrets will be revealed? Well, China declares whatever it wants to be a state secret, whenever it feels like it.

When I saw the headline I laughed because the SEC doesn't have any business regulating anyone, they cannot even regulate themselves. From personal experience and comments from others, the SEC also does not understand modern finance.

That said, if you think having a Chinese government rating agency that declares "state secrets" to avoid disclosure is an improvement, think again. This is a clown fight between two governments who are trying their best to hide the bodies. 

Mon, 09/27/2010 - 03:42 | 606690 jeff montanye
jeff montanye's picture

china is hardly alone in declaring "whatever it wants to be a state secret, whenever it feels like it."  the bush and obama administrations are infamous for this same behavior.

Mon, 09/27/2010 - 04:18 | 606710 luigi
luigi's picture

Only difference being that they are naive enough as to declare it clearly instead of saying they would comply with transparency rules and then making all sort of things behind courtains.

 

Mon, 09/27/2010 - 07:46 | 606843 AnAnonymous
AnAnonymous's picture

China is lacking in the duplicity department.

This will play them tricks.

Duplicity is the hallmark of the US. They are unbeatable in it.

Sun, 09/26/2010 - 23:06 | 606419 CheapKUNGFU
CheapKUNGFU's picture

awhh, dont make me say it...

All your SEC porn are belong to us, make your time!

Heh

Sun, 09/26/2010 - 23:06 | 606418 Bob
Bob's picture

A more balanced perspective, perhaps:

http://news.xinhuanet.com/english2010/business/2010-09/26/c_13530849.htm

It ain't like they don't know what's going on.

Sun, 09/26/2010 - 22:53 | 606393 williambanzai7
williambanzai7's picture

 

This is not going to look good to the Chinese man on the street. Take a look at this

http://www.sec.gov/rules/other/2007/34-56510.pdf

Those SEC Porn Surfers are Class A morons.

Meanwhile, the "so called" rating agencies are living in LaLa Land.

 

Sun, 09/26/2010 - 22:59 | 606410 williambanzai7
williambanzai7's picture

UNITED STATES OF AMERICA BEFORE THE SECURITES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 Release No. 56510/September 24, 2007

ORDER GRANTING REGISTRATION OF JAPAN CREDIT RATING AGENCY, LTD. AS A NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION

Japan Credit Rating Agency, Ltd., a credit rating agency, furnished to the Securities and Exchange Commission (“Commission”) an application for registration as a nationally recognized statistical rating organization (“NRSRO”) under Section 15E of the Securities Exchange Act of 1934 (“Exchange Act”) for the classes of credit ratings described in clauses (i) through (v) of Section 3(a)(62)(B) of the Exchange Act. The Commission finds that the application furnished by Japan Credit Rating Agency, Ltd. is in the form required by Exchange Act Section 15E, Exchange Act Rule 17g-1 (17 CFR 240.17g-1), and Form NRSRO (17 CFR 249b.300) and contains the information described in subparagraph (B) of Section 15E(a)(1) of the Exchange Act.

Based on the application, the Commission finds that the requirements of Section 15E of the Exchange Act are satisfied.

Accordingly,

IT IS ORDERED, under paragraph (a)(2)(A) of Section 15E of the Exchange Act, that the registration of Japan Credit Rating Agency, Ltd. with the Commission as an NRSRO under Section 15E of the Exchange Act for the classes of credit ratings described in clauses (i) through (v) of Section 3(a)(62)(B) of the Exchange Act is granted.

By the Commission.

Nancy M. Morris Secretary

Sun, 09/26/2010 - 22:58 | 606408 williambanzai7
williambanzai7's picture

UNITED STATES OF AMERICA BEFORE THE SECURITES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 Release No. 56510/September 24, 2007

ORDER GRANTING REGISTRATION OF JAPAN CREDIT RATING AGENCY, LTD. AS A NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION

Japan Credit Rating Agency, Ltd., a credit rating agency, furnished to the Securities and Exchange Commission (“Commission”) an application for registration as a nationally recognized statistical rating organization (“NRSRO”) under Section 15E of the Securities Exchange Act of 1934 (“Exchange Act”) for the classes of credit ratings described in clauses (i) through (v) of Section 3(a)(62)(B) of the Exchange Act. The Commission finds that the application furnished by Japan Credit Rating Agency, Ltd. is in the form required by Exchange Act Section 15E, Exchange Act Rule 17g-1 (17 CFR 240.17g-1), and Form NRSRO (17 CFR 249b.300) and contains the information described in subparagraph (B) of Section 15E(a)(1) of the Exchange Act.

Based on the application, the Commission finds that the requirements of Section 15E of the Exchange Act are satisfied.

Accordingly,

IT IS ORDERED, under paragraph (a)(2)(A) of Section 15E of the Exchange Act, that the registration of Japan Credit Rating Agency, Ltd. with the Commission as an NRSRO under Section 15E of the Exchange Act for the classes of credit ratings described in clauses (i) through (v) of Section 3(a)(62)(B) of the Exchange Act is granted.

By the Commission.

Nancy M. Morris Secretary

Sun, 09/26/2010 - 22:35 | 606376 MarketTruth
MarketTruth's picture

Protectionism and corporatocracy... the American way.

Sun, 09/26/2010 - 23:43 | 606459 eigenvalue
eigenvalue's picture

Guess you are Chinese. Well, in my mind, Dagong is just a clown designed and manufactured by the Chinese Communist government. Of course, the US does not deserve a triple-A rating. But our Communist China is by no means better. With so many tacitly guaranteed obligations like the social welfare, the state-owned banks, etc, China should not be labelled as AAA.

Mon, 09/27/2010 - 04:09 | 606704 luigi
luigi's picture

"With so many tacitly guaranteed obligations like the social welfare, the state-owned banks, etc, China should not be labelled as AAA".

Good to know that each and every sort of welfare State doesn't qualify for triple A: Scandinavians thank you.

I remember to you that one of the few US States which manage to stay somewhat afloat is North Dakota, who has a public owned bank and is the only US State experiencing growth in 2009.

BTW, after the introduction of the Medicare reform U.S. doesn't qualify anymore: Dagong is right after all.

Three american clowns against one chinese juggler... Is the Circ du Soleil performing in Wall Street?

 

Sun, 09/26/2010 - 23:56 | 606478 Bob
Bob's picture

Perhaps the criminally negligent (at best) American rating agencies can benefit from some good old American competition, particularly since the SEC and everybody else in the "regulation" racket are corrupt jokes. 

Not saying they'd necessarily be any better, but they might serve a priceless "checks and balances" function (another of those wonderful American ideas) in the rating industry. 

One thing seems clear:  They would have people thinking and talking about credit ratings, including sovereigns. 

Hmmm, perhaps that's the problem . . .

 

Sun, 09/26/2010 - 22:31 | 606370 Bob
Bob's picture

Damn, how bad do you have to be to not measure up by SEC standards?

Perhaps they should take it as a compliment!  Additionally, I see that, in the SEC's opinion, they cannot, rather than refuse to, meet those standards.  What to say about that . . . is that like being thrown out of the crack house by the ho's because you're too "uptown"?

Seriously, this looks potentially bigger to me than the little rows they've been having with Japan.  This could open some serious floodgates. 

Mon, 09/27/2010 - 00:02 | 606494 NorthenSoul
NorthenSoul's picture

Damn, how bad do you have to be to not measure up by SEC standards?

Hmmm! You mean regulatory standards...or political standards? Inquiring minds would like to know.

Sun, 09/26/2010 - 22:42 | 606390 UninterestedObserver
UninterestedObserver's picture

Guess they didn't get the memo to send a truckload of pron and Chinese hookers along with the application.....

Mon, 09/27/2010 - 00:10 | 606452 knukles
knukles's picture

From:  SEC
To:     China
Re:     Yourdong's registration as NRSRO

Intlrpletured bly Trubo Tax

Prease le-slubmit aprikshun incruding tlanny plorn insted legrurr porn. 

Rove,
Enflorcment Divishun
(BDSM deplarthment)

"Time for chains"
"You wiggle, we giggle" 

Sun, 09/26/2010 - 22:57 | 606403 Bob
Bob's picture

Perhaps they were heroically intercepted in defense of the integrity of the industry by Moody's, Fitch, and S&P.   Or the prawn were oil-free and the hookers weren't trannies. 

I think the Chinese will appreciate how surreal this is just as I do, but I doubt they're going to find any humor in it. 

 

Sun, 09/26/2010 - 22:10 | 606339 justtotaketheedgeoff
justtotaketheedgeoff's picture

Dear China,

        Go blow it out your goddamn shorts.

Love,

America

Sun, 09/26/2010 - 22:41 | 606388 tmosley
tmosley's picture

Dear America,

We own you.  Do as we say, or we'll dump our Treasuries and precipitate instant hyperinflation in your obnoxious little country.  Oh, and don't bother with military threats.  We've got nuclear subs that you can't detect even when they are in the middle of one of your carrier fleets, and each is equipped with enough nukes to take out half your cities.

DO NOT FUCK WITH US.

Love, 

China

Mon, 09/27/2010 - 08:40 | 606929 Dollar Bill Hiccup
Dollar Bill Hiccup's picture

Da Gong show ...

The unknown comic says : " You know what would be funny? 1 Billion pissed off Chinese with pitchforks after the CCP sells $800bn USTs repatriates and prints RMB ..."

The Chinese cannot sell their USTs en masse. There is nowhere the money can go without catastrophic effect.

 

Mon, 09/27/2010 - 17:02 | 608211 tmosley
tmosley's picture

That's like saying there is no place to set off a nuclear bomb without catastrophic effect.

Well, DUH, that's the point!

Mon, 09/27/2010 - 11:56 | 607322 GoinFawr
GoinFawr's picture

"The Chinese cannot sell their USTs en masse. There is nowhere the money can go without catastrophic effect"

Not necessarily, it all depends on the opportunities presented to the PRC. Take today for example, nations worldwide are doing their level best to buy USD in a race to maintain export market share (devalue), yet the DXY is having egregious difficulty breaking resistance at this level. I wonder who might be taking the other side of that trade, hmm?

The PRC is divesting, as 'en masse' as it can safely do so. Just like anybody with a large position in anything they wanted out of would do.

Regards

Sun, 09/26/2010 - 23:12 | 606424 Paladin en passant
Paladin en passant's picture

Dream on.  The Chinese are so far below our league in everything except cheap labor and the ability to steal intellectual property it isn't funny.  They're begging for a spanking (though that might have to wait till our hapless leader is voted out in 2012).

Mon, 09/27/2010 - 17:04 | 608215 tmosley
tmosley's picture

You remind me of this guy: http://1-2knockout.typepad.com/photos/uncategorized/2008/04/06/bart.png

Others are not as naive as the citizens of Rock Ridge.

Mon, 09/27/2010 - 03:22 | 606681 doggings
doggings's picture

lol. you're thinking of the 80's.

Sun, 09/26/2010 - 22:57 | 606407 NoVolumeMeltup
NoVolumeMeltup's picture

What type of rock are you smoking? Jumbo? Crackerjack?

Sun, 09/26/2010 - 22:01 | 606326 GoinFawr
GoinFawr's picture

Ask not for whom Dagong tolls; it tolls for thee.

 

Regards

Sun, 09/26/2010 - 22:19 | 606351 merehuman
merehuman's picture

goinfawr,  Best comment

Sun, 09/26/2010 - 21:58 | 606325 patience...
patience...'s picture

I guess if they are worried about their AAA rated treasuries, they could unload them.

Sun, 09/26/2010 - 21:54 | 606318 snowball777
snowball777's picture

http://www.youtube.com/watch?v=ezSm9TLci6M

The imploded buildings are just 21st century chest-thumping.

Sun, 09/26/2010 - 21:39 | 606301 doolittlegeorge
doolittlegeorge's picture

no do not love it, do not love it.  if this a precursor to "reality" these events can move very quickly.  our "debt" is owned by everyone and "all the exits are closed."  truly terrifying.

Sun, 09/26/2010 - 21:20 | 606270 papaswamp
papaswamp's picture

I love it love it!  Do us a favor China..let the world know how bad we really are...maybe someone will listen...or advise your investors that the US is headed for a large loss.

Mon, 09/27/2010 - 03:20 | 606680 Sudden Debt
Sudden Debt's picture

LONG LIVE THE MIRAGE BITCHES!!

KEEPING THE DREAM ALIVE!!

Do NOT follow this link or you will be banned from the site!