Chinese banks - Luxembourg for Finance
Transcription
Chinese banks - Luxembourg for Finance
The Newsletter | Special Edition Special Edition Luxembourg meets Asia "Luxembourg has a competitive edge and a sophisticated infrastructure. That’s why I strongly feel the necessity to explain Luxembourg’s attractive infrastructure, especially its financial framework". T oru HORIE Managing Director and CEO, Mizuho Trust & Banking (Luxembourg) S.A. Chinese banks The Chinese invasion Japanese banks Advice in Japanese Luxembourg at a glance Luxembourg banks BACK TO THE FUTURE Private banks FOLLOWING FORTUNE Investment Funds SO DIFFERENT, YET SO ALIKE Clearstream Clearing the way 3 6 9 11 15 19 21 Law firms THIS IS NO SLAM DUNK Big 4 FOUR REASONS TO DO BUSINESS IN ASIA PFS SOME FLEW EAST ATTF THE AMBASSADORS OF GOODWILL Promotion in China MOVING AROUND IN THE WORKSHOP OF THE WORLD Carbide industry HARD MATERIAL MATTERS Dredging THE LANDMAKERS Impressum E ditor: Luxembourg for Finance • 12, rue Erasme • B.P. 904 • L-2019 Luxembourg Tel. (+352) 27 20 21 1 • Fax (+352) 27 20 21 399 • Email lff_communication@lff.lu Responsible for publication: Jean-Jacques Picard. Editors: Elisabeth Adams (EA), Eleanor de Rosmorduc (ER), Christian Welter (CW). Circulation: 7000. Photos: all rights reserved - January 2013 25 30 33 35 37 40 42 The Chinese invasion Until the middle of the 19th century, Asia was the economic centre of the world. After the Opium War and the Indian Revolution, it was replaced by Europe and the US. Since the beginning of the financial crisis, the pendulum is swinging back to Asia once again. By 2050, its GDP share is projected to amount for 52% of the world’s economic power. During her visit to China at the beginning of the year 2012, German Chancellor Angela Merkel’s request for financial support for the European rescue package was rejected by the Chinese government. China, long being illreputed as a low cost country with questionable human rights and a flourishing imitation industry, has been catching up rapidly. Ailing Europe has become its main target market and thus, the Chancellor‘s appeal for help was not in vain. Chinese Banks | P. 2|3 The current shift in power is also seen in the fact that just lately, the world‘s second largest bank by market value, The China Construction Bank, decided to open a subsi diary in Luxembourg. Chinese banks recently complained in a letter to the UK Treasury that opening a branch in London would be too complicated and thus they preferred Luxembourg to London. The close relationship to the Luxembourg government and the Ministry of Finance is indeed one of the reasons the world‘s largest bank by market capitalisation, Industrial and Commercial Bank of China (ICBC), has a representative office in the Grand Duchy since 1998, which was quickly upgraded to a branch in 1999. Xue JIAN, Head/Senior Manager Corporate Banking and Financial Institution Department, Bank of China (Luxembourg) S.A. "If the Chinese economy continues to grow in the coming years, the middle and the upper classes will be enormous. They will try to find a good allocation of their wealth. By then, I‘m confident that the Chinese government will loosen capital control. People will move more wealth out of China to elsewhere in the world. Luxembourg is a very good place for them". "Luxembourg offers an attractive legal and business framework with political and social stability, a skilful and multilingual workforce and a favourable tax regime". "Luxembourg offers an attractive legal and business framework with political and social stability, a skilful and multilingual workforce and a favourable tax regime", says Gao Ming, General Manager of ICBC Luxembourg branch and Chairwoman of ICBC (Luxembourg) S.A., which was named ICBC (Europe) S.A. in 2011 and serves as the group‘s European continent headquarters. "When our group’s head office considered choosing an EU network expansion platform in 2009, it was inevitable to think of ICBC Luxembourg, from where we could expand our EU network in the most efficient way. In 2011, we opened five branches out of Luxembourg, namely Paris, Brussels, Amster dam, Milan and Madrid at the same time. In 2012, ICBC Europe set up two more branches in Warsaw and in Barcelona". Behind the background of more and more European companies going to China and in return, more and more Chinese companies coming to Europe, ICBC Europe focuses on its European customer base, especially those that invest in China or have trade transac- Chinese Banks | P. 4|5 tions with Chinese enterprises. "Chinese companies with investments in Europe, es pecially those companies which are ICBC key clients in Mainland China are definitely our major clients in Europe", Gao Ming explains. "We try to give them better service and offer them solutions for their investments and de velopment in both China and Europe. On the private banking side, we serve both wealthy Chinese and local private clients who have a special preference or need for RMB products or products linked to the Asian economy". THE RMB IS KEY In 2011, the cross-border RMB settlement and trade finance volume of ICBC Europe accounted for 15bn in assets under management. As the group‘s key product, Mrs Gao strongly welcomes and actively supports the initiative of the Luxembourg government to promote the local financial centre as Europe‘s hub for RMB products. "We benefit from the speed up internationalisation of the Chinese RMB by expanding our offshore RMB financial services. RMB products and services are our strong edge and competitive advantage when we enter into partnerships with the big local companies". Not being considerably affected by the European crisis, the best for the Chinese banks in Europe is yet to come. Being more conservative and prudent in expanding new business other than their core business than its European counterparties, Chinese banks successfully escaped from the recent years’ financial tsunami relatively unscathed. "European banks are more client- and market-oriented and experts at high-value-added business such as private banking and wealth management", Mrs Gao illustrates. "What Chinese banks can learn from Europe is how to explore new busi ness opportunities with lower capital require ments and an improved revenue structure". "What Chinese banks can learn from Europe is how to explore new business opportunities with lower capital requirements and an improved revenue structure". Gao Ming, Chairwoman, ICBC (Europe) S.A., General Manager, ICBC Luxembourg branch HEADING OFF According to forecasts, China will overtake the US as largest economy in the world by the year 2020. Already, Chinese companies are competing hard in the domestic market, causing them to search for new investment opportunities abroad. "This development will bring more opportunities for our overseas branches and also for Luxembourg to see more business opportunities from China", Xue Jian, Head of Corporate Banking & Financial Institution Department at Bank of China (Luxembourg) S.A., says. "They will use Luxembourg as a distribu tion channel or even as the final destination of investments. If the Chinese economy continues to grow in the coming years, the middle and the upper classes will be enormous. They will try to find a good allocation of their wealth. By then, I‘m confident that the Chinese government will loosen capital control. People will move more wealth out of China to elsewhere in the world. Luxembourg is a very good place for them. The private banking and the fund sector will directly benefit from this trend". Bank of China Luxembourg S.A. was the group’s first bank in continental Europe when they opened their branch in Luxembourg in 1979. Legally, the Luxembourg entity is both a branch and a subsidiary. With the help of the European passport, European branches can be easily set up in other countries out of Luxembourg. "We set up the branches in Rotterdam, Brussels, Warsaw and Stockholm; currently, we are setting up a branch in Lisbon. If we were to set up from our head office, it would take us a long time because of the regulatory needs". SIZE MATTERS Similar to ICBC, Bank of China‘s main business is syndicated loans for overseas Chinese, as well as European companies. Since for Chinese companies assets in Europe are getting cheaper compared to the years before the crisis, Bank of China has benefitted strongly from this trend. "The strength of Luxembourg is for instance that the government is very close to business and it readily adapts itself to the market situation and the changes going on in the world. Luxembourg really listens to the business community and supports their development", Mr Xue says. According to his experience, Luxembourg is not yet well known in China. "The Shanghai Expo helped Luxem bourg boost its image, but there is still a lot of work to be done". Despite the various relationships between the Luxembourg financial centre and China and the advantages a small country with a strong economic sector can offer, Luxembourg will always remain the little brother of the rising star. Mr Xue is confident that the wave of success in the region will continue. "China still is the most important market in all of Asia because the Eastern coast is already very developed. Shanghai is much better developed than even New York or London. In Mainland China, there is still a lot of land available. In Vietnam and India, the population is ready for the changes to come. The whole population is very young and now that China’s labour costs are rising, a lot of industry is moving to these other countries. This will bring them a big domestic market and educated staff. Regarding the financial industry, in China the strongest banks have always been the tra ditional Chinese banks. I don’t think the foreign banks can really compete with them. If we are strong in China, we can also be competitive overseas". EA Advice in Japanese Speaking with a Japanese person in times of the European crisis is somewhat reassuring. Since 1960, Japan’s real GDP growth rate has been continuously declining. In 2013, it is projected to fall from 2.22% (2012) to 1.23%, according to the IMF. However, Japan’s GDP per capita is, at over 40,000 USD, almost on the same level as Singapore’s, showing the maturity of the country. Thus the Japanese perfectly know how to cope with difficult economic situations over a long period of time. Japanese Banks | P. 6|7 While European and US politicians insist on a quick recovery from the Eurozone crisis, to the Japanese managing directors of Mizuho Trust & Banking (Luxembourg) S.A. and Mitsubishi UFJ Global Custody S.A, it is obvious that good things are worth waiting for. banks have dramatically reduced their debt. As of March 2012, the debt ratio of our group accounted for 1.7% of total assets. In Euro pean banks, it’s nearly 8%. They need to focus more if they want to survive. European banks should look at Japan as a case study". "I personally think that in Europe, the crisis will continue because government debt is not easy to reduce", Hiroshi Minagawa, Managing Director of the Mitsubishi UFJ Global Custody, notes. "This cannot be resolved in the short-term. The Japanese economy has been surviving for almost twenty years since the depression started. As it stands now, Japanese Toru Horie, managing Director and CEO of Mizuho in Luxembourg, agrees that the EU can learn from Japan how to recover from a crisis. "The Japanese have the knowledge necessary for effective risk management because of the natural catastrophes that have threatened the country in the past". In recent years, Mr Horie noticed that Japanese investors are watching the Eurozone situation very carefully. "However, they don’t shift their money from the EU to other countries. In Japan there are a lot of liquid assets, that’s why they are preparing to reinvest the money in Europe. Many Japanese companies are plan ning to purchase European and US companies. The Japanese want to invest outside of Japan because of the strong yen". ARMED WITH A STRONG YEN According to a recent survey, the Japanese private sector currently holds 1,500 trillion yen in private assets. More than 50% of these assets are cash deposits, a Japanese characteristic. Due to low interest rates, the probability that Japanese investors will take a risk and invest money into European equity and bonds is quite high, given that the situation of the domestic economy is quite stable. "At the moment, Japanese bond yield is lower than 1%", Mr Minagawa underlines. "The Japanese yen exchange rate is strong against the dollar and the euro. If the Japanese bond yield needs some additional premium, or if the Japanese yen is starts getting weaker, that will be a critical point". Japan is also one step ahead when it comes to the ageing of society, a development that the country has already experienced and that had a significant impact on GDP growth rate. Over 72% of the national GDP comes from the service sector, which makes the country very dependent on the global economy. Nevertheless, Japan recovered well after the tsunami and nuclear disaster in 2011, thanks to high levels of government spending. Even though, as an already mature market, Japan does not take part in Asia’s rapid growth, it remains important due to its size. About 54.1% of all Asian HNWIs reside in Japan. This makes the country by far the largest HNWI market in the region (Capgemini/RBC Wealth Management Asia-Pacific Wealth Report 2012). "Japanese investors are looking for the invest ment opportunity into the global market due to lower performance in the domestic market", explains Mr Minagawa of Mitsubishi. "That’s why we are expanding our business outside Japan. Japanese investors have focused on disaster recovery structures and investments in new technologies. In Europe, our group works on strengthening project finance. Due to global warming, new infrastructure and new energy sources will be needed. We are encouraging such projects". Toru Horie, Managing Director and CEO, Mizuho Trust & Banking (Luxembourg) S.A. OUT OF LUXEMBOURG In Luxembourg, Mitsubishi UFJ Global Custody S.A. manages the securities and cash assets of Japanese financial institutions. "Nearly 90% of our clients are Japanese and main clients are fi nancial institutions, assets managers or security firms. They have retail clients and public funds distributed in Japan and we are managing their funds", the managing director says. "One of the reasons we are doing business here is that in Luxembourg there is a lot of expertise in fund management. We utilise that environment and infrastructure and also the human resources". Mizuho’s Trust and Banking Luxembourg business is in the custody, fund administration and security agent business. The bank has successfully carried out a structural transformation by transferring the custody business "The Japanese have the knowledge necessary for effective risk management because of the natural catastrophes that have threatened the country in the past". "Japanese investors have focused on disaster recovery structures and investments in new technologies. In Europe, our group works on strengthening project finance. Due to global warming, new infrastructure and new energy sources will be needed". Hiroshi Minagawa, Managing Director, Mitsubishi UFJ Global Custody from London to Luxembourg and in exchange, moving the securities lending business from Luxembourg to London. "We may be currently one of the only banks expanding its business and recruiting here in Luxembourg", says Toru Horie. "In terms of custody business, most of our clients are of Japanese origin; that is to say, Japanese financial institutions, insurance companies and manufacturing companies. Our clients in the fund administration business are Japanese investment managers, investor man agement companies and securities companies. Speaking of the security agent business, we get a lot of our business from Japanese industrial companies. But we don’t intend to limit to Japanese clients on our business. We will be able to capture more business in collaboration with Mizuho’s other entities around the world". During personal conversations, Mr Horie notices that most Japanese professional financial investors are not familiar with Luxembourg. "They don’t know where Luxembourg is located or what the most important industrial sector is. Luxembourg has a competitive edge and a sophisticated infrastructure. That’s why I strongly feel the necessity to explain Luxem bourg’s attractive infrastructure, especially its financial framework". Both managers agree that not only can Europe learn from Japan, but Japan can also learn from Europe, especially when it comes to speaking several languages. What Luxembourg is concerned, Mr Minagawa of Mitsubishi has another piece of advice: "Luxembourg should go more for the global view. The country is in a good location to do global business. It should focus on its geographic location. Luxembourg banks should expand their global standard of services using an international network". EA Luxembourg at a glance The history of Luxembourg is characterised by continuous battles for its liberty and territory. Located in the heart of Europe and surrounded by France, Belgium and Germany, it is obvious why the tiny country has long been an object of desire for its neighbours. Luxembourg city is first mentioned in a record dating from 963, which refers to a castle called "Lucilinburhuc". The castle, which was strate gically positioned at the heart of the Frankish empire, passed into the hands of the Holy Roman Empire for many centuries. This period ended when King Louis XIV of France took Luxembourg from the Habsburg emperors and asked his chief engineer, Sébastien de Vauban, to turn it into an impregnable fortress. Luxembourg history becomes more lively after 1815, when it was declared a Grand Duchy, held in personal union by the king of the Netherlands. After a struggle for independence that lasted many decades, Luxembourg finally managed to escape from the claws of its neighbours. In the Second Treaty of London, of 1867, Luxembourg was declared neutral and luxembourg | P. 8|9 its fortress was dismantled. In 1890, the personal union with the Kingdom of the Netherlands had come to an end, in the absence of a male heir to the throne. Since then, the Grand Duchy has been led by its own dynasty, the house of Nassau-Weilburg. Today, Luxembourg is a parliamentary democracy in the form of a constitutional hereditary monarchy. Grand Duke Henri is the Head of State. His duties are largely ceremonial. With an area of just 2500 square kilometers and 524,000 inhabitants, the Grand Duchy of Luxembourg is the second smallest country in the EU. However, travelling from North to South, the visitor can enjoy an astonishingly varied landscape, beginning to the North with the wooded Ösling region, in the foothills of the Ardennes, down through rolling farm and woodland, to the capital with its medieval relics and ending in the South East with the vineyards of the Moselle or to the South with the so called "red earth" where the region is still marked by huge iron ore production sites. And all this within 82 kilometers. The economic upturn began directly after the Second World War, when Luxembourg temporarily became headquarters of the European Coal and Steel Community (ECSC). At that date the iron ore industry had al ready begun to shape the country, having been discovered and extracted since the middle of the 19th century. Nowadays, this main industrial pillar has been replaced by the finance industry. In the 1960s, the first foreign banks moved to Luxembourg, settling down in the Boulevard Royal, which rapidly became the "Wall Street" of Luxembourg. As the banks grew and needed more space, there was a general move out of the city centre to the Kirchberg. Over the years, Kirchberg has developed into a pulsating quarter, where almost every internationally operating bank has a branch. In order to diversify its economy, Luxembourg has worked hard in recent years to develop other business sectors. With success: Luxembourg has a thriving film industry and is internationally known in the telecommunications sector through RTL and the SES satellite group. It is a centre of excellence for intellectual property issues, IT and biochemistry. Moreover, one of the world’s ten largest cargo airlines, Cargolux, operates from Luxembourg, stimulating the development of a major logistics hub. With over 100,000 people working in the financial sector, this industry is of special importance to Luxembourg. Every day, more than 150,000 commuters cross the French, Belgian and German borders in order to earn a living in Luxembourg. They present almost one third of the national labour force. And it is not only the neighbouring populations who appreciate the favourable working conditions in Luxembourg. Expatriates from all over the world make the Grand Duchy a truly cosmopolitan country. Strolling through Luxembourg City means submerging oneself in a cultural melting pot, where different languages can be heard at every corner. The 1960s were also the beginning of Luxembourg as one of the capitals of the European Union. Today, the Grand Duchy hosts five European institutions: the secretariat of the European Parliament, the European Court of Justice, the European Court of Auditors, the European Investment Bank and the European Commission. And, of course, all these institutions attract numerous employees from all over Europe. It is not only the working conditions that make Luxembourg an attractive place to live. No other European city can offer such a multicultural atmosphere in such a small area. In recent years, the cultural scene has experienced incredible development. With the opening of the Philharmonie in 2005, Luxembourg City hosts the most prestigious concert hall in the "Grande Région" and well beyond. International stars from the classical music world rub shoulders with jazz legends and pop stars, appreciating the location and the excellent quality of the sound. The younger audience is served at the Rockhal, the biggest national concert hall in the country, located in the South of Luxembourg. Besides music, there are several museums that invite people to learn more about the artistic and natural history of the country, and the theatres offer a varied programme of dance and drama – both domestic and foreign - in four different languages. Named a UNESCO World Heritage city, Lux embourg has a special atmosphere that in summer months is almost Mediterranean. The remains of the fortress and the deep valley that cuts through the city, protecting it on two sides, shape its character and appearance. Gourmets, in particular, will love the Luxembourg way of cooking, where French and German cuisine blends to create delicious meals that make the epicurean’s heart beat faster. Luxembourg is the living proof that small can, indeed, mean beautiful. Come and see for yourself! EA Area 2,586 sq km Land boundaries 356 km Ethnic groups Luxembourger 63.1%, Portuguese 13.3%, French 4.5%, Italian 4.3%, German 2.3%, other EU 7.3%, other 5.2% Languages Luxembourgish (national language), French (administrative language), German Population 524,900 (2012) Government type constitutional monarchy Independence 1839 (from the Netherlands) Real growth of GDP 1.0% (2013 est.) Employment growth rate 1.3% (2013 est.) Unemployment rate 6.5% (2013 est.) Public dept (in % of GDP) 18.3% (2011) Back to the future Asia is the world's largest and most populous continent with over four billion people and a rapidly emerging middle class. Asian populations also have a reputation for being passionate savers. There are plenty of reasons for Luxembourg banks to be present in the Far East and several, such as Banque LBLux, BNP Paribas Securities Services, BIL and HSBC are developing strategies to expand on the Asian continent. Frédéric Perard, Head of Luxembourg & Offshore Centres, BNP Paribas Securities Services Today, China and India together account for almost 40% of the world’s population. Global demographic changes will bring us back to where we were in the beginning of the 19th century: according to United Nations projections, by 2050 Asian countries will represent more than half of the world’s GDP. By nearly doubling its share of global gross domestic product (GDP) to 52%, Asia would regain the dominant position it held before the industrial revolution. BNP Paribas Securities Services provides securities services and investment operations to the world's financial institutions. The company employs more than 7,700 staff in 34 locations around the world including 1,200 staff in Luxembourg and a strategic presence in Asia. Frédéric Perard, Head of Luxembourg & Offshore Centres, says that BNP Paribas has had a strategic presence in Asia for the last five years to ensure that financial market opportunities in these fast- LuxEMBOURG banks | P. 10|11 developing countries are captured. "Paribas Securities Services is one of the few custodians to have its own global custody network. This is very critical, given the evolution of European Directives, since the fact of having our own sub custodian in key markets will be a factor for safety for the depositary bank. That’s why we have established a presence in Hong Kong and Singapore", Mr Perard explains. Countries like Indonesia, Malaysia and Taiwan, where BNP Paribas Securities Services can provide its own local custody service, are on the company’s radar for other, obvious reasons. "Distribu tion of investment funds is the other reason for developing our presence in these countries. It is crucial to be in Asia when it comes to tackling the issues around KYC (Know Your Customer) and AML (Anti-Money Laundering), for which there is a slightly different approach between European and Asian countries. If you want to support your customers for global distribu tion, you have to be present physically in these locations". Global footprint Michael SchaaL, Senior Vice President, Private WealthManagement Asian Desk, Banque LBLux Nigel Fielding, CEO, HSBC Luxembourg François Pauly, CEO, Banque Internationale à Luxembourg (BIL) luxembourg banks | P. 12|13 Founded in 1865, HSBC is one of the world’s largest banking and financial services organisations with 35 years’ experience in Luxembourg. Its four main activities – asset management, corporate banking, private banking and securities services – are complementary. It is one of the largest foreign banks in Luxembourg, with over 500 staff "offering expertise in emerging markets from the heart of Europe", as Nigel Fielding, Chief Executive Officer of HSBC in Luxembourg, puts it. This global player is fully committed to the Asia Pacific region, which contributes over two thirds of the group’s results today. In Luxembourg, one third of all new corporate business comes from Asia, of which more than half is from Greater China. "We have a strategic presence throughout Asia", continues Nigel Fielding, "and clearly a large footprint in Hong Kong and Mainland China, as the company was founded in Hong Kong and Shanghai and our headquarters has been in Hong Kong for quite some time, making it one of our most signifi cant centres. Mainland China in general is very significant and not just Shanghai: we have over a hundred locations in Mainland China". HSBC also has a big presence in India, Indonesia, Malaysia and Singapore, which are also key markets for the bank, along with its presence in Australia, New Zealand, Taiwan, Korea, Thailand, Vietnam, Sri Lanka, Bangladesh, Brunei, Japan and the Philippines. Basically, HSBC has all the bases covered in the Asia Pacific region. François Pauly, CEO of Banque Internationale à Luxembourg (BIL), shares this enthusiasm". Recent studies show that, in the next few years, Asian wealth will grow faster than the rest of the world’s wealth. Also, the number of mil lionaires in Asia is expected to grow steadily over the next five years". BIL is the oldest private bank in the Grand Duchy, founded in 1856. The bank has over 2,150 employees and is present in the financial centres of Luxembourg, France, Denmark, Switzerland and the Middle East, with a presence in Asia since 1982. "Today, our Singapore branch is well positioned in Asia. As you know, the ‘Lion City’ is commonly defined as the strategic financial centre and regional hub for Southeast Asia", Mr Pauly adds. He goes on to remark that, a few years ago, it was easy to distinguish between emerging markets and countries that were economically advanced with highly developed capital markets, high levels of liquidity, meaningful regulatory bodies, large market capitalisations and high levels of per capita income. "Recent studies show that, in the next few years, Asian wealth will grow faster than the rest of the world’s wealth. Also, the number of millionaires in Asia is expected to grow steadily over the next five years". "However, in recent times, different bodies have developed diverse definitions of what constitutes a developed market or an emerg ing market. South Korea is one such example. According to the FTSE it is a developed market, but to the MSCI it is an emerging market". Accordingly, BIL does not differentiate bet ween the two sectors per se: clients from these markets are handled in line with their investment objectives. Welcome to paradise Banque LBLux, a subsidiary of BayernLB, has its head office in Luxembourg. The philosophy of the group is that it does not need to be present everywhere: the bank should be able to operate from the best possible location. Luxembourg, located in the heart of Europe, is seen precisely as such. Consequently, Banque LBLux does not have a strategic presence in Asia yet. A small team of three experts with high mobility travels around Asia three to four times a year. Business within Asia started about five years ago with German expatriates based in the most vibrant cities like Hong Kong, Shanghai and Singapore. That was the group’s gateway to the Asian market. Today, the bank has a solid customer base of expats and Asians. Michael Schaal is Senior Vice President, Private Wealth Management Asian Desk at Banque LBLux. In his opinion, Singapore is the ideal hub due to its efficiency and perfect geographical location: once there, you can easily react to developments and opportunities as they arise. Mr Schaal and his team are evaluating how the bank can best serve its clients’ needs in Southeast Asia. "We have built a network and people have begun to recognise us because of our regular and stable presence. What you need is your personality, intercultural competence, a special brand and technical know-how. Hong Kong and Singapore are the wealth management and private banking capi tals of Asia. The challenge, and our only chance to succeed, is to find our own unique way and offer quality services that others don’t in order to survive in such a huge banking industry". For him it is important to stay in places like Singapore and give clients a personal touch to show them that you are in it for a long-term relationship. The client profile varies from one financial institution to the next. In the larger markets, HSBC covers all client types from retail to ultra-high net worth individuals; also from small- and medium-sized companies to multinationals and other financial institutions. In the smaller markets it is more focused: private banking services are not offered in some countries and in some others, there is no retail banking. HSBC’s ethos revolves around international trade flows and wealth solutions, as Nigel Fielding explains. "We ask our clients: where are you going and how can we help you con nect with that market? We are seeing a lot of Asian companies, particularly companies from Greater China (Hong Kong, China and Taiwan) coming to Luxembourg and using it as a base not only for Europe-based activity, be it investment or selling products, but some times these companies are even using Luxem bourg to launch to other parts of the world". BIL’s main clients are high-net-worth individuals, wealth managers and independent financial advisors. With Singapore and Hong Kong as its key Asian markets, the bank also targets different sectors like real estate, finance, commodities and others in Mainland China and other parts of Asia. François Pauly underlines that BIL’s main challenge is to get to know the various Asian markets and better understand customer needs. "For example, family wealth management is becoming more and more important to private clients; provid ing them with standard financial investment products is no longer attractive enough to them. On the corporate level, for Chinese companies for example, foreign mergers and acquisitions, joint ventures and the like are presenting growth opportunities". Fast lane Banque LBLux targets clients whose wealth is substantial enough to require diversification all over the world. "That is the ideal situation", Mr Schaal admits. Besides, the bank’s goal is to build its base of company clients in order to offer a package including family office services. This goes beyond wealth management and private banking solutions. One thing is clear: Michael Schaal sees a lot of potential in terms of Asian outbound investment. "You have no idea how fast these countries are moving; the number of new millionaires every day is incredible. The prices for luxury goods are much higher than in our regions, yet the wealth is more openly visible in places like Singapore. So the wealth is there. What’s more, the Chinese would like to come to Europe to buy real estate and invest in companies and they need help. There is no doubt that Southeast Asia will continue to grow at an impressive rate in the next ten to fifteen years". BNP Paribas Securities Services targets sovereign wealth managers and, of course, asset managers. As investment flows go both ways, it focuses on Asian managers who want to set up funds in Europe to be distributed globally and also on the more traditional Europe-based clients who also have their range of Luxembourg or Irish domiciled funds and who want to sell them in Asia. If you look at the statistics, there is no doubt that UCITS is a brand that is broadly recognised in Asia. At the same time Asians are learning fast and there is speculation as to whether they should, or could, create a regional product similar to UCITS. Frédéric Perard warns that mature markets should not rest on their laurels. "Asians have the critical mass, they are cash-rich and they might take over European companies by building up exper tise in Europe or the US. We have to make sure in Luxembourg that we create funds at the pace they are needed, being faster than Ireland. In terms of distribution, we should take into account local regulation notably regarding AML/KYC, if we want to increase our market share". Funds are good for you For François Pauly, CEO of BIL, there is no doubt that Luxembourg, the world’s second largest player in the fund industry, presents a real advantage to Asian managers who opt for a Luxembourg structure. "In doing so, Asian investors are using vehicles from a financial centre recognised in the region for the easy dis tribution of its funds, such as UCITS funds. This advantage is the consequence of Luxembourg’s excellent know-how and the recognition of the country’s professionalism in the fund industry". Nigel Fielding, Regional CEO of HSBC in Luxembourg, echoes these sentiments stating that with wealth growing in countries like China, Luxembourg has an excellent card to play, because the UCITS brand has worked for 25 years. He is convinced that Luxembourg remains attractive for Asian investors, despite the worries about current issues in the Eurozone. "Luxembourg doesn’t want to disenfran chise from the European Union, it is stable and perceived as neutral. It has a lot of double tax treaties, and in Luxembourg, there are faster decisions because there is easy access to decision makers and good infrastructure". A lot of Asian investors know that Luxembourg is located at the heart of Europe. They know Prime Minister Jean-Claude Juncker, who is at the head of the Eurozone group, but they have no idea whether it is a small or large country and what industries are at the core of its economy. This is how Michael Schaal of Banque LBLux sums up his experiences speaking with Asians about Luxembourg. But he knows how to solve the conundrum by conveying the similarities between Singapore and Luxembourg. "I tell them that Luxembourg is in Europe what Singapore is in Asia; a strong financial centre, well connected and at the heart of the continent. And people from Asia, especially Chinese ones, are also interested in our landscape, the vineyards and the Moselle River". Speaking of culture and customs, Chinese people in general strive for harmony and are group oriented; they also have a terrific sense of humour and can laugh at themselves if they have a comfortable relationship with the other person. For Nigel Fielding, communication is key – that it is why it is important to have a presence on the ground. Another fundamental key for success is building relationships. "Once you have the relation ships, they tend to be very long-term", Nigel Fielding notes. Michael Schaal of LBLux adds that Western business people have to improve on their intercultural competence. Patience is one of the skills he recommends Westerners to work on. "It can happen that you have three dinners with them, talk about the weather and your family without talking about business", he remarks. Time is on Asia’s side, although the rise of the world’s most populous continent is not written in stone. Multiple risks and challenges have to be managed: decreasing inequality within countries, improving governance and adapting to climate change are only a few of them. CW Following fortune Being the largest private banking centre in the Eurozone does not mean restricting business to "Euroland". Almost all Luxembourg private banks have representative offices, subsidiaries or branches in Asia. LFF spoke to five of them, representing different countries of origin, but all active in Asia in private banking and/or asset management. Starting with a small representative office, these banks have found that demand for their services is constantly growing. Claude Pech, Vice-Chairman, Executive Committee, Banque Privée Edmond de Rothschild "Our Geneva based Head office started with a representative office in Hong Kong in 1992 that was transferred into a branch in 2011", says Claude Pech, Vice-Chairman of the Executive Committee of Banque Privée Edmond de Rothschild Luxembourg. "With our expertise in private banking, we offer a value proposition for Asian clients. We have to take into account that Asian wealth is quite young. People in Asia are growing in confidence with regard to the preservation and protection of their assets. They are increasingly interested in Luxembourg structures and therefore we hired a person in Hong Kong to promote Luxembourg solutions through our local private bankers and more generally in the Hong Kong and Singapore asset management community". According to Capgemini’s latest World Wealth Report, the number of HNWIs in Asia-Pacific rose 1.6% to 3.37 million individuals in 2011, surpassing North America for the first time. 41% of Asian HNWIs are 45 or younger. Private Banks | P. 14|15 Disillusioned by classical wealth management products, they tend to take greater control of their wealth themselves. There is also the fact that the 2008 crisis caused them to lose trust in private bankers. These were not the best possible conditions for foreign private banks to access this huge market. "It is wrong to think that as a Luxembourg bank, we can just go there with a flower in the barrel of a gun and expect thousands of clients to knock on our door. They have a different under standing of private banks. The biggest mistake a Luxembourg banker can make is thinking that private banking in Asia means discretionary management. In Europe, because the clientele is more mature, we mainly sell asset manage ment, discretionary management and invest ment advisory services. In Asia, this strategy doesn’t work. The clientele prefers to remain hands-on, which means that most revenues of local private banks result from brokerage or club deals", Claude Pech says. TAILOR-MADE SOLUTIONS Thomas Keller, Member of the Executive Board, Pictet & Cie (Europe) S.A., Luxembourg Keeping only a small percentage of their assets with wealth managers, Asian clients are very demanding concerning products. Thomas Keller, Member of the Executive Board at Pictet & Cie (Europe) S.A. in Luxembourg agrees: "It’s not a question of discretionary asset management, it’s mainly advisory and execution-only activity. Clients are more traders or even gamblers. They are very active, requiring good execution levels and sophisti cated, tailor-made products". At their branch in Hong Kong, Pictet targets Asian HNWIs. The Hong Kong office also oversees accounts of Asian clients that are booked in Pictet’s head office in Geneva or its subsidiary in Singapore, depending on clients’ needs. Mr Keller admits that opening the branch has been hard work. "The market is very tough. The requirements in terms of govern ance, organisation and the service level we of fer to clients are all very high. We had to put a lot of substance into our branch in Hong Kong, both in terms of client servicing and in terms of back office and corporate functions". Given the positive economic outlook of the region, these efforts will in all likelihood pay off. With a GDP growth rate of 6.0% in 2012, Asia outpaced the rest of the world. In 2013, the growth rate is even predicted to rise to 6.5%. Thomas Albert, Managing Director International Sales, Sal. Oppenheim Private Banks | P. 16|17 Hong Kong is equally the market of choice for Sal. Oppenheim. Being part of Deutsche Bank group, they are represented in Asia via Deutsche Bank Wealth Management. "The market that we target via Deutsche Bank is the family office segment", Thomas Albert, Managing Director International Sales at Sal. Oppenheim says. "For the UHNWI segment, we have the capability of launching SIF constructions or individual fund solutions. Asian UHNWIs have a different focus than European UHNWIs: most of the wealth is first generation wealth. They have much more of an entrepreneurial style in terms of investing. Hence they require higher returns, also based on the local returns that you get in the fixed income space. The second aspect, again, because wealth is young, is that there is less of a focus on asset allocation with a long-term view. Their view is more short-term, and thus the requirements and demands in Asia are different to the developed world in Europe and the US". AN ENTREPRENEURIAL SPIRIT Many Asians have made their fortune in hands-on markets like real estate and thus have a different mindset compared to Europeans. According to the Knight Frank-Citibank Wealth Report 2012, 31% of Asian-Pacific asset portfolios are invested in property, compared with just 16% in Europe. "Asian HNWIs have often made their money as entrepreneurs in a certain economic sec tor and are increasingly interested in buying companies, vineyards or real estate", remarks Claude Pech of Rothschild. "Thus, with club deals, a private banker can attract their inter est. Don’t expect to convince them with the sort of classical asset management we are currently selling in Europe. You have to be very prudent concerning your business plan if you plan going to Asia". Where the Asian market is concerned, Jhon Mortensen, Chief Executive Officer at Nordea in Luxembourg, is an old stager. "I opened a branch in Singapore in 1987 and stayed there for three years. In those days, it was a remote corner of the world. But now it’s becoming more and more the centre of gravity. Our pri vate banking clients do not move to Asia and move back again, they tend to stay there, they grow wealthy and establish themselves there. I see a tremendous future for Asia; it’s currently growing much faster than Europe and obvi ously we want to take part of that growth". "I opened a branch in Singapore in 1987 and stayed there for three years. In those days, it was a remote corner of the world. But now it’s becoming more and more the centre of gravity. Our private banking clients do not move to Asia and move back again, they tend to stay there, they grow wealthy and establish themselves there". Jhon Mortensen, CEO, Nordea Luxembourg Nordea Luxembourg has a representative office inside the group’s branch in Singapore, selling and providing private banking services to its Asian clients. "We are presently applying to the MAS (Monetary Authority Singapore) in order to upgrade this office to a branch. We hope to receive a license during 2013, for private banking purposes out of Luxembourg". As the group’s centre for international private banking, private banking services in Asia are developed out of Luxembourg. NORDICS IN THE EAST Contrary to other private banks, Nordea’s main client base in Asia is Nordic expatriates, who in general account for 60-70% of their business. "We can see that the Nordic expatri ate base in South-East Asia is growing quite rapidly. At the last count, there are between 15,000 and 16,000 Nordics in Asia. Many of those want to have a private banking relation ship with somebody nearby. So, basically, what we do is to provide the similar services that we do here in Luxembourg, but out of Singapore instead. At present we serve our Asian clients out of Luxembourg. But we will change this as soon as we have transformed the office into a branch". Doing business in Asia means entering a longterm commitment and being patient. "In a growing economy, there are few opportunities on a short-term basis", says Jean-Luc Neyens, Business Development Director, Investment Funds Services at Banque Degroof Luxembourg. "We still need to see long-term savings plans put in place by Asian countries. Today, Asian investors invest either directly on the stock market or in real assets, including real estate. They do not yet have the culture of investing in investment funds and will do this only when their governments put in place new regulation for pension plans and long-term savings plans". A GROWING FUND MARKET According to recent PwC figures, Asian investors’ investments only account for 13% of assets in the global mutual fund industry, compared to 52% in the Americas and 35% in Europe. Though the UCITS brand is well known, especially in Hong Kong, Korea and Taiwan, the low penetration of investment funds opens another huge potential market for Luxembourg banks. "You cannot only focus on private banking", says Jean-Luc Neyens. "Asian HNWIs don’t invest in funds yet, but do a lot of trading including currency trading. If one can provide those sort of services, I am sure it will be very profitable: a low-margin business, indeed, but a high-volume business". Banque Degroof opened a representative office in Hong Kong in 2011. "Our initial purpose is to focus on existing customers we gathered during the last few years in Hong Kong, Singapore and Kuala Lumpur, and also to target new prospects, focusing on asset management boutiques that serve European clients", Jean-Luc Neyens says. "The issue for Asian managers is that they used to have off shore funds from Cayman or BVI. Increasingly, their clients in Europe request them to move towards more regulated financial centres". The office is thus supporting the sales effort of Banque Degroof out of Luxembourg. Targeting mainly asset management boutiques, Degroof has benefitted from former asset managers of large companies that left in order to set up their own boutiques. "Those people started with Cayman products, selling them mainly to EU- and Swiss-based custom ers. Now that these boutiques have grown, they recognise they have to find a better regulation framework for their product, so they move to Luxembourg". Jean-Luc Neyens, Business Development Director, Investment Funds Services, Banque Degroof Luxembourg Regulation is the key issue when it comes to future relationships between Asia and Europe. "We have reached the limit of what is afford able", Marc-André Bechet, Member of the Management Committee, Director Investment Funds Department at Degroof says. "A concern we hear quite often is that people are not that much consulted regarding regulatory matters. The same applies to FATCA, which will affect Hong Kong or China like all other finan cial centres and where nobody except the US is getting the chance to co-manage or define this development. Going too far into regulation of course encourages Asian asset managers to develop their own UCITS equivalent". However, using Luxembourg structures still offers an advantage, because of their focus on cross-border distribution. "None of the other Asian jurisdictions have that cross-regional focus", Thomas Albert from Oppenheim says. "This also refers to a specific set of clients who require this multinational approach. The image of Luxembourg is innovative, a well regulated market that is going forward, especially re garding AIFMD. We personally believe that this (AIFMD) will have an enormous impact in Asia, because it is the first international attempt to control alternative investment wrappers. It is well recognised by Asians that there is a control over those products, contrary to British Virgin Marc-André Bechet, Member of the Management Committee, Director Investment Funds Department, Banque Degroof Luxembourg Island or Cayman structures. The Euro crisis is an issue and that puts a bit of a burden on our reputation. But Luxembourg, being still AAA rated, stands out because of that. However, overall the focus is less on Europe; there is sim ply no alternative in Asia at present. I believe that we still have an advantage, but it won’t be long before they pick up with their local structures". Luxembourg has already made a big effort to promote its funds. "Though investment fund activity is quite new in Asia, we think that there is big potential for growth in selling Lux embourg structures to Asian asset managers", Thomas Keller of Pictet believes. "Pension funds are not so developed in Asia. This could offer opportunities for us to serve them as a custody bank and as an administrator for putting in place funds that help intermediaries in Asia to develop pension plans for big com panies or even public entities". Luxembourg private banks and asset managers are well aware that Asia cannot be ignored. All of the companies interviewed have plans to strengthen their activity in the Far East by opening more offices. Claude Pech from Rothschild gets to the heart of it: "We have to be interested in the rest of the world, because that’s where fortunes evolve". EA "Asian HNWIs don’t invest in funds yet, but do a lot of trading including currency trading. If one can provide those sort of services, I am sure it will be very profitable: a low-margin business, indeed, but a high-volume business". So different, yet so alike 75% of the cross-border investment funds distributed in Hong Kong are domiciliated in Luxembourg. This success is due in part to the Association of the Luxembourg Fund Industry (ALFI), which actively promotes Luxembourg UCITS in Asia. In 2010, ALFI opened an office in Hong Kong in order to strengthen the presence of the Luxembourg investment fund industry in the region. Investment Funds | P. 18|19 Ching Yng Choi, Head of the Asia Representative Office, Association of the Luxembourg Fund Industry (ALFI) Ching Yng Choi is Head of the ALFI Asia Representative Office. "Our main work consists of liaising with industry players. This could be Luxembourg players with branches affiliated with Asia who have specific questions and who would like to raise them back in Luxembourg. Or it can be new players in Asia, mainly asset managers, who are interested in setting up a fund in Luxembourg. For that, we have now launched two working groups in Hong Kong. One is the counterpart to the Transfer Agency & Distribution Forum that has existed in Lux embourg for twelve years now. This group is more operational and technical. Then we have a more general working group that follows regulatory changes affecting Luxem bourg investment funds and the regulatory developments in Asia or in Europe". Mrs Choi is working closely with the local regulators and the Hong Kong Investment Funds Association (HKIFA), with whom an agreement of cooperation was signed two years ago. However, the office’s work isn’t limited to China, but has close relationships with Taiwan, Singapore, Japan and South Korea as well. Although the UCITS brand is very well known in Asia, active marketing is still important. "With Mainland China you really have to work things from a political perspective and in a diplomatic way", Mrs Choi explains. "In Japan, the regulator is open to all jurisdictions. After the scandal with the Cayman funds, UCITS and Luxembourg are very much on their radar". "There is no standardised strategy to be applied in every jurisdiction. Distribu tion channels are difficult, because when you don’t know the market, you need to have those relation ships in order to be able to distribute your products. The other way around, it’s a similar situation. For an Asian player coming to Eu rope, it’s difficult as well". Working in a dynamic and growing region like Asia, which consists of several jurisdictions, each with its own respective regulations has its challenges, of course. "There is no standardised strategy to be applied in every jurisdiction. Distribution channels are difficult, because when you don’t know the market, you need to have those relationships in order to be able to distribute your products. The other way around, it’s a similar situation. For an Asian player coming to Europe, it’s difficult as well. The ways the channels are built are so different". Another significant difference is that private individuals in Asia don’t usually invest directly in investment funds. "In a lot of countries, the mindset is still at savings. And when it comes to investment, most prefer to speculate on the stock exchanges rather than thinking about long-term investments", says Mrs Choi. With the rapid growth of the region, the need for capital investments will grow as well. "There is some interest in the alternative side; the Specialised Investment Fund (SIF) works pretty well. It’s still a regulated product, but with fewer constraints. Private equity is much sought-after, too". Even though things are shaping up well, Luxembourg investment vehicles will face increased competition in the near future. "The jurisdictions where the market is suffi ciently mature would like to strengthen their in dustry by developing an Asian passport, which is understandable. In the last two years, there have been two main initiatives that have gained a momentum. They are APEC (Australia and Asia Pacific Economic Cooperation) and ASEAN (Association of Southeast Asian Nations). Since then, Singapore and Thailand have agreed to the standardisation of regulatory develop ments. Hong Kong would like to have more in common with Mainland China and started focusing on product innovation such as RQFIIs (Renminbi Qualified Foreign Institutional Inves tors), QFIIs (Qualified Foreign Institutional Investors) and ETFs (Exchange Traded Funds), which are nominated in RMB. There has been also discussion around a mutual recognition of investment funds between the Mainland and Hong Kong, or even a Greater China passport lead by the two jurisdictions. But the markets are still fragmented and the level of expertise is too different. I don’t think they are quite there yet, but it’s definitely something that we need to look at carefully". Mrs Choi is confident that in the future Luxembourg funds with the European passport will remain a success in the region. The efforts of the Luxembourg government to boost Luxembourg as an offshore renminbi centre surely bear fruit then as well. EA "In a lot of (Asian) countries, the mindset is still at savings. And when it comes to investment, most prefer to speculate on the stock exchanges rather than thinking about long-term investments". CLEARING THE WAY LFF: What role does the Asian market play for Clearstream? LFF: Do you have competitors in Asia? HT: Asia has always played a significant part in the fabric of Clearstream’s business whether it be helping Asian firms bring their Eurobonds/International debt instruments to market or in helping our non-Asian clients to access most of the domestic securities market across the region. Naturally, over time, Asia has become a cornerstone of Clearstream’s strategy and contributes significantly to our revenue stream. Going forward, we believe that our solutions can support the growing levels of intra-regional investment across traditional domestic borders and this is where we can add value. In a nutshell, Clearstream’s goal is to stay the preferred international central securities depository (ICSD) in Asia and to support CSD interoperability within Asia and to the rest of the world. Hersh Tegala, Head of Business Intelligence, Clearstream clearstream | P. 20|21 LuxembourgforFinance Why did you choose Hong Kong for your first Asian office? HT: As in every region of the world we are facing growing competition from our peers. The dedication and ambition of many of our partners – financial institutions across the region – and the success this has engendered has given rise to many varied opportunities; service providers that can provide all-round solutions with a local touch are likely to gain and retain market share. Our strategic approach to the region over a sustained period of time is one that many are now looking to emulate. Hersh Tegala Very early on, Clearstream recognised the advantage of being present in the rapidly growing Asian markets and traditionally Hong Kong has had an important role to play as a trading centre, a financial market and geopolitically across the region. However, in such a diverse and dynamic continent, it is natural that a number of regional centres have also evolved over time. Our commitment to the region reflects this with our office in Tokyo that opened soon after Clearstream inaugurated its first office in Asia (Hong Kong) in 1991 and we recently set up of a full operational hub in Singapore. Based on discussions with our partners, we strongly believe that we have been proven right in our approach; our Asian clients appreciate being served by our "local" experts in their timezone(s) and in their language(s). LuxembourgforFinance What is your main target client group? Hersh Tegala Our principle client target groups include banks (including central banks, local, regional and global custodians), universal banks, investment banks, asset/investment managers and brokers and we are proud to number many influential institutions from these categories among our existing client base. For Asia we have also been taking a close look at a number of areas that have been growing in importance and that have characterised the region over the past few years such as the private banking and wealth management sector. LFF: What services can you offer to Asian clients? HT: In order to satisfy their exacting demands and attention to detail, our Asian clients benefit from the same range of services we offer all over the world: strong settlement and custody services, supported by fund services, world-class collateral management and securities lending products all benefiting from a high degree of automation. For example, in order to meet growing demand across Asia, our Vestima suite of services provides a single access point to global funds solutions from order routing, settlement and asset servicing to collateral management. Our product offering also includes bespoke Asian Issuance services which helps to shape an efficient cross-border issuance market in the region. We believe that the experience we have in this regard is invaluable to the growing number of issuers across the region that intend to issue international debt instruments and are seeking the expertise of an institution that is able to provide tailored distribution solutions. LFF: Do you rely on partnerships in the Asian market? HT: Partnership is at the core of Clearstream’s business strategy, no matter where. As part of our strategy-based approach to Asia, we understand that building long-lasting partnerships is the most effective way to achieving both our goals and those of the institutions with which we partner. Clearstream’s partnership approach is wellperceived and is welcomed as the right way Clearstream | P. 22|23 forward in this heterogeneous region: it is worth noting that Clearstream does not only maintain custody relationships, but we also continue to explore innovative ways in which we can partner with local entities such as the Hong Kong Monetary Authority in Hong Kong and the ASX Group in Australia to deliver local collateral management solutions based on our awarding-winning technology platform. Another good example is our decision to partner with the Hong Kong Exchange in their new Ecosystem project which focuses on providing market participants with access to HKEx market data, trading and clearing systems. From this perspective, we are able to offer a unique value proposition. LFF: Is the fragmentation of the Asian market an issue for Clearstream? HT: As we focus increasingly on delivering a harmonised post-trade environment in Europe – a project that began over a decade ago – the term "fragmentation" is being used increasingly in the Asian context. There are many reasons why this term is valid, but it should not necessarily be used pejoratively: Asia is a continent that is composed differently with a number of diverse markets that are at different stages along their respective paths. Therefore, we would not call it an issue, but there is still some work to do to improve harmony across different jurisdictions that would lead to further cross-border transfers and services. Clearstream has been actively engaging with pan-Asian groups to address issues that contribute to the fragmentation of the market as a whole and to look into ways to further standardisation. Great progress has been made in the International debt markets with regard to harmonisation of practices and LuxembourgforFinance How many currencies FROM THE ASIAN-PACIFIC REGION do you cover? Hersh Tegala The 27 Asian currencies covered by Clearstream are as follows: Asia AUSTRALIA Korea Sri Lanka Jordan Dollar AUD Won KRW Rupee LKR Dinar JOD CHINA Macao Taiwan Kuwait Yuan Renminbi CNY Pataca MOP Dollar TWD Dinar KWD Hong Kong Malaysia ThaiLAND LebanON Dollar HKD Ringgit MYR Baht THB Pound LBP India Mongolia Vietnam Oman Rupee INR Tugrik MNT Dong VND Rial OMR Indonesia New Zealand Rupiah IDR Dollar NZD Japan PhilippineS Bahrain Saudi ARABIA Yen JPY Peso PHP Dinar BHD Riyal SAR Kazakhstan Singapore Israel UAE Tenge KZT Dollar SGD Shekel Dirham AED Qatar Rial QAR Middle East in Europe across markets and there is a great deal of accelerated learning from which Asia can benefit going forward; our belief is that there is a willingness for this to take place. together, however many specific hurdles in the post-trade layer need to be overcome in order to achieve an effective outcome that will deliver end-to-end efficiencies. LFF: How heavy is the regulatory burden in Asia? What is on Asia’s agenda in terms of regulation? For the time being, some Asian CSDs have bilateral linkages but, generally, cross-border investment is limited. Creating a favourable cross-border environment will boost investment by providing predictable requirements that reduce operational, credit, foreign exchange and regulatory risk. This will avoid additional costs and resource-intensive activities which impact foreign investors and intermediaries. From a trading perspective certain initiatives have been successful recently in bringing various platforms closer In parallel, Clearstream continues to maintain its extensive Asian network through local agent banks in Australia, China, Hong Kong, Indonesia, Japan, Malaysia, New Zealand, Singapore, South Korea, Thailand and the Philippines. Where potential for expansion of the network to new markets exists, Clearstream remains committed to engaging with local authorities and sub-custodians who would be able to meet our needs and requirements. HT: The Asian markets have displayed certain robustness since the onset of the recent crises that have spread to many parts of the global economy since 2008. By demonstrating the ability to cope in this environment, the sense of urgency for broad regulatory change has been reduced. With many of the market infrastructures operating as "national utilities", highly capitalised commercial banks generally operating to high prudential standards and a lower level of interconnectedness between markets to slow any "contagion" from external typical trade settlement transaction New Instructions Suspense Unmatched Matching (if required) Forthcoming Settlement Settlement Date Suspense Provision Provisions MT537a Statement of Pending Transactions/ MT548 Settlement Status and Process Advice MT536a Statement of Transactions MT535a Statement of Holdings shocks, Asia has been able to take a wait-andsee approach towards much of the intense discussions regarding regulation being held in other regions. LFF: What role do Luxembourg-domiciled investment funds play for your business? In terms of the immediate regulatory agenda, certain Asian markets such as China, Australia and Singapore have moved quickly to detail regulations to implement Basel III requirements. Generally, it is expected that as part of these regulations, many regional banks will be required to hold more than the capital prescribed under Basel III and that given the relative strength of these institutions, that many will be ready ahead of the stipulated timeframe. HT: Luxembourg is the second largest fund market in the world by assets size. Most of the funds manufactured in Luxembourg are bought by investors located all over Europe and Asia. Vestima, our funds execution product, offers those distributors an execution service in over 100,000 funds. Some 50% of those funds available on Vestima are domiciled in Luxembourg. So Luxembourg domiciled funds play an important role in the development of our business. EA This is no slam dunk Investable assets have been building up in China, Hong Kong, Singapore, Japan and Taiwan over the years. Institutional investors from these jurisdictions make strategic investments all over the globe, but will the money train also stop in Luxembourg? What makes the country attractive to Asian investors? How do Luxembourg law firms position themselves in Asia? Representatives of Allen & Overy, Arendt & Medernach, Bonn & Schmitt, Bonn Steichen & Partners, Elvinger, Hoss & Prussen and Loyens & Loeff give us their insights. Katia Panichi, Partner, Elvinger, Hoss & Prussen Hong Kong office Today, Luxembourg is second largest centre worldwide for investment funds; the statistics are impressive. There were 2,329.65 billion euros of net assets under management in Luxembourg investment funds at the close of October 2012, an increase of more than 11% from 31 December 2011. These assets are held in more than 3,800 funds with, between them, close to 13,500 sub-funds. A significant portion of these investment funds has been registered for distribution in one or more of the Asian countries. Business relationships between Asia and the Grand Duchy are of long standing. The first Luxembourg investment fund created for public offering in Japan was authorised by the Luxembourg and Japanese authorities in 1973. The law firm Elvinger, Hoss & Prussen, founded in 1964 in Luxembourg, acted as a legal adviser in the structuring and setup of this fund. It was the start of a successful law firms | P. 24|25 relationship between both countries, with 340 Luxembourg domiciled sub-funds re gistered for public distribution in Japan by the end of 2011. Gast Juncker is a partner at Elvinger, Hoss & Prussen (EHP). He says that the firm has noticed the shifting of economic power, which is why EHP has been active in Asia for the last 20 to 30 years. Times are changing and in 2012 the law firm opened an office in Hong Kong, "a natural move consider ing recent developments in Asia", says Katia Panichi, a partner working at the Hong Kong office. "Our clients are asset managers, private equity houses, multinational companies and local law firms with whom we are in contact in or outside Asia and also local banks who have questions on Luxembourg law. So I can answer their questions without them having to ask someone in Luxembourg directly". Hong Kong was chosen because it is the gateway to Chinese investors and Chinese asset managers and is centrally located in Asia. Thierry Lohest, Partner, Loyens & Loeff Nicolas Papavoine, Lawyer, Allen & Overy Hong Kong desk law firms | P. 26|27 Lionel Noguera, Partner, Alex Schmitt, Partner, Bonn & Schmitt Bonn & Schmitt Arendt & Medernach, the largest independent Luxembourg-based law firm, opened Hong Kong in 2009 and is now expanding with new offices in August and with additional staff. Stéphane Karolczuk, previously in Arendt and Medernach’s offices in Luxembourg and New York, is head of that office, and which is also led by Guy Harles and Claude Niedner. "Hong Kong is really the most strategic place to be in relation to our activities which focus on investment funds, tax, banking, multi national companies and corporate M&A. It is also convenient to cover the region from Hong Kong and this is why we established our headquarter there; we frequently visit clients in Singapore, South Korea, Tokyo and Taiwan; as well as Shanghai and Beijing, which are only a few hours away", indicates Stéphane Karolczuk who set up the office in 2009. Paul Mousel and Guy Harles are two of Arendt & Medernach’s founding partners. They have been travelling across Asia since the 1980s. Over three years ago, they decided to open an office in the region. Guy Harles points out that over the years they’ve been doing business in Hong Kong, three different types of clients have developed: "Asset managers from the region who are using Luxembourg vehicles to attract foreign investors; they are definitely the most important part of our clientele. Then we have quite a number of strategic buyers from the region, multinational companies who are buying into European industry and who frequently use Luxembourg intermediary hold ing companies as well. Last but not least, we have seen interest from wealthy private clients using Luxembourg as a means to diversify their worldwide holdings". Change your mentality and save money Loyens & Loeff is a Benelux law firm with large offices in Belgium, the Netherlands and Luxembourg, but also in the main financial centres outside of Benelux. The firm has had offices in Tokyo and Singapore for 10 and 15 years respectively. "Hong Kong was really missing on the map", Loyens & Loeff Partner Thierry Lohest admits. He heads the Luxembourg Corporate Law Practice in Luxembourg and Hong Kong. Another partner and four associates work in tax, banking and fund matters. The profiles of their clients fall into two main categories: large corporations and financial institutions. Serving clients who invest in the Benelux is one approach. Another one is to assist clients who are using either Dutch or Luxembourg structures to invest worldwide. It is about putting Luxembourg on the map, Thierry Lohest explains. "We are trying to cre ate awareness among not only Chinese clients, but also lawyers, accountants and tax advisers that even if they have an investment close to home, like the Philippines or Mongolia, it might make sense to use a Luxembourg holding com pany. They are not yet used to the fact that if you structure your investments efficiently, you will save money at the end of the day". Allen & Overy has been in Asia Pacific for over 20 years with offices in 11 countries. With 470 lawyers, including 190 in Greater China, they help Western clients develop in Asia as well as Asians on their "going global" projects, as the lawyer Nicolas Papavoine puts it. He is in charge of the Hong Kong desk, with the objective of providing services to the Asia-Pacific region by fostering cross- "Now we see more private equity fund houses developing in the region that are following the exact same pattern as the retail fund managers". Guy Harles, Partner, Stéphane Karolczuk, Head of Arendt & Medernach Arendt & Medernach Hong Kong office border exchanges between the Asia-Pacific region and Europe. Like its competitors, Allen & Overy has seen a shift in the economic balance of power from the Western world to the East and the rise of global powerhouses like China. Asia offers tremendous opportunities to investors and companies look to tap into this market. Nicolas Papavoine highlights the different levels of maturity that exist in the world’s most populous continent. "For decades, business hubs like Hong Kong and Singapore have been the locations of choice for businesses to start their Asian development. Mature markets like Japan, Taiwan, South Korea or Australia are characterised by a sizable middle-class, well-developed infrastructures and well-defined foreign direct investment rules. Finally, developing powerhouses like China and India, and also Indonesia and Viet nam, represent important reservoirs of growth but may present restrictive foreign investment regulations". Bonn & Schmitt is a fully independent Luxembourg law firm with an extensive international practice. Alex Schmitt, Partner of Bonn & Schmitt, says that the firm doesn’t have an office in Asia, but can rely on an excellent network of friendly law firms in that region of the world. He speaks about the firm’s pioneering experience in the venture capital area. "Historically, we set up the first SICAR (Investment company in risk capital) which was Chinese-European; that was back in 2006-2007. It has run very smoothly and we are now in the disinvestmemt phase. It was the first landmark presence in the private equity area here in Luxembourg. It has become so successful that we have just launched ‘Manda rin II’, which targets entrepreneurial investors". Mandarin Capital Partners is a Luxembourg SICAR. Two advisory companies, one based in Italy and the other in Hong Kong and Shanghai assist the management company. Lionel Noguera, Partner of Bonn & Schmitt adds that he has seen Chinese investors coming to Luxembourg on a regular basis, especially since Luxembourg signed a double tax treaty with Hong Kong in 2007, earlier than the United Kingdom (2010) and Switzerland (2011). This "first mover" advantage has enhanced the country’s visibility in the market and is now paying off. "At the end of 2011, the Chinese state-owned company operat ing the Three Gorges Dam, the world's largest hydropower project, came to us to organise the acquisition of a 20% stake in EDP, which is the main Portuguese energy producer, for a total consideration of 2.7 billion euros. This was entirely structured through Hong Kong and Luxembourg. The acquisition was completed smoothly in May 2012". Importing power to Europe Bonn Steichen & Partners (BSP) is an independent Luxembourg law firm and its intentions are clearly to remain local. Alain Steichen, Partner of BSP, stresses that the law firm’s strategy is not to follow their clients into a foreign jurisdiction. "To us it makes more sense to forge alliances with local law firms, rather than trying to compete with them even in a niche market. Nevertheless, Asia will be a clear focus for us in the years to come. China is the first country that comes to mind". Fabio Trevisan, Partner of Bonn Steichen & Partners adds that Singapore is a very important financial centre too, used very often by Chinese investors to channel out investments from China into Europe because of the double tax Fabio Trevisan, Partner, Bonn Steichen & Partners Gast Juncker, Partner, Elvinger, Hoss & Prussen "We have seen, in meetings with Hong Kong law firms, that there is a clear interest in the (Luxembourg) Specialised Investment Fund (SIF) as an alternative to the Caiman Islands and other offshore centres. treaty between Singapore and Luxembourg. "I have a lot of Asian firms using Luxembourg investment vehicles as their platform to Europe through Singapore. Hong Kong is also a very important player and recently I have also had clients from Taiwan, mainly IT and energy firms which use Luxembourg to distribute IT related products and invest in solar power in Europe, especially Italy". At the same time, Asian asset managers are looking to develop outside their national or regional markets. The long-term strategy is to expand their distribution networks overseas. In order to be global players, points out Nicolas Papavoine of Allen & Overy, Asian asset managers need to develop their reputation and launch products that are widely accepted in the global market. He is convinced that Luxembourg has all the right cards to play. "Through its creative and flexible legal, tax and regulatory framework, Luxembourg has become one of the best-positioned jurisdic tions to capture the increase in investments between Asia and Europe. The wide range of Luxembourg investment vehicles and company structures offer Asian investors the solutions their businesses need for global development". When Arendt & Medernach opened the Hong Kong office three years ago, their first strategy was to target retail asset managers. Guy Harles says that his firm anticipated that law firms | P. 28|29 these managers would look at the vehicles large players were using to develop their activities globally. In the meantime, the scope of its clients has broadened. "Now we see more private equity fund houses developing in the region that are following the exact same pattern as the retail fund managers. We are also talking to banks and multinational companies in the region, and Luxembourg is definitely on their radar when they start growing their business in Europe". Alain Steichen of Bonn Steichen & Partners, echoes these thoughts by stating that Asian countries, needing regulated products thorough which to channel out investment money, are interested in Luxembourg, where the approval process is speedier than in France or Italy. They also need a stable market and a reliable banking system. But Luxembourg players are also aware that the competition has become fiercer. "We see more of a future in the Specialised Investment Fund (SIF) than in retail products. If Asian investors or funds ask us to do something intelligent with their excess cash, that’s where we have to put things together in the typical Luxembourg manner of pragmatism, with easy access to decision makers, and sophistication in terms of fiscal engineering; it is a whole package rather than one element. You need the place, the people, the brains and the time zone, among other things. But we have quite a few competitors, so it is not a slam dunk". A local friend for your global brand Alain Steichen, Partner, Bonn Steichen & Partners Waiting for the markets to move up Thierry Lohest of Loyens & Loeff emphasises the current lack of sophistication of Chinese investors, who so far have not been exposed to structured investments. They put their money in the bank and they buy property, at home or abroad. "When you open Chinese newspapers, the number of advertisements about property is astonishing. We have to convince people that there are other ways of investing their money where they can get better returns, which is not an easy task right now. But as soon as mar kets recover, there will definitely be a case for Luxembourg funds to be marketed to Chinese investors". Alex Schmitt of Bonn & Schmitt is convinced that if China opens up a little bit, there are a huge number of people likely to buy Luxem bourg domiciled funds. He is sure that in five years the penetration of Luxembourg fund products will have increased. "The big fund industry players who are located here will con tinue to concentrate their efforts on Luxem bourg products. We might not gain all of the additional business, but an Asian UCITS will not be a threat because we have the expertise, the reputation and a track record too". Gast Juncker of Elvinger, Hoss & Prussen does not beat about the bush. Luxembourg cannot rest on the laurels of the UCITS success, he warns. Fortunately, there is an appetite for alternative products. "We have seen, in meet ings with Hong Kong law firms, that there is a clear interest in the (Luxembourg) Specialised Investment Fund (SIF) as an alternative to the Caiman Islands and other offshore centres. It all depends on the Alternative Investment Fund Managers Directive (AIFMD); if it works out well for us, we can replicate the success of UCITS in other products, as Luxembourg is a hub for cross-border funds". In terms of investments going into Asia, certain Asian countries have enacted rules regulating foreign direct investments. Nicolas Papavoine of Allen & Overy thinks that these rules could be used to protect local industries from international competitors. "Foreign investors may also be required to set up joint ventures and conduct business with local partners. Typically, local partners would own a majority stake in the investments. Often, in practice, it proves to be a way to favour technology transfers". Katia Panichi of Elvinger, Hoss & Prussen states that the level of openness depends very much on the country. "According to an inter national survey by the World Bank, Singapore and Hong Kong come out on top for countries where it is easy to conduct business. Both juris dictions do a lot to attract foreign investors. You see that in the number of companies that settle down in Hong Kong. In China, it is a bit more complicated to settle down and to get permits; the country ranks 91st in the survey". Stéphane Karolczuk of Arendt & Medernach notes that the Asian point of view in terms of restricting foreign capital has changed: because it is in their interest to allow more foreign capital to come in, they have relaxed the rules. "In quite a number of jurisdictions, it is theoretically possible to do business without a local partner, but practically it is quite impos sible. In China you still have the rule that you need a local partner to do certain types of business in banking, finance and insurance. But if an Asian company wants to have a successful business in Europe, the same criteria apply; you also need a local partner who has the connections and the brand you don’t have". Fabio Trevisan of Bonn Steichen & Partners thinks that one of the future challenges in China will be the exchange rate of their currency. Once that issue is cleared up, there will be many more investments both ways and the floodgates will open, he predicts. "The Chinese have proven that communism can go hand in hand with business, openness and a certain form of capitalism. One of my Chinese clients said to me: ‘You Europeans don’t understand what it is like to manage a province that has more than 100 million inhabitants. So we cannot compare the European Union with a country like China". Doing business is people’s business, Thierry Lohest of Loyens & Loeff sums up. "The big error that many people make in the Western world is to be arrogant. Most people in key positions in China are highly intelligent and attended the best universi ties. The key is to understand their culture and avoid the mistakes others have made when going to these countries". Alex Schmitt admits that he likes one of the ideas put forward by US President Barack Obama during his first term: "He tried to organise the world on the model of the Congress of Vienna: you have big powers that are not fighting each other". The message is clear as water: Western economies shouldn’t feel threatened by the rise of Asian countries. CW Four reasons to do business in Asia The "Big Four" audit firms play a role in creating the global village – not least in the complex Asia Pacific region. "Typically, we assist our clients in implementing their distribution strategies in Asia". Yves Knel, Partner, Deloitte Luxembourg It comes as no surprise. Deloitte, Ernst & Young, KPMG and PwC – often referred to as the Big Four - are everywhere you look in the Asia Pacific (AP) region, in the sort of numbers that are hard to get your head round: 43,000 at Ernst & Young, 37,500 at Deloitte, and so on. These companies are one of the great service exports of the Western economies. They are also a Good Thing for Luxembourg, channelling large business flows in both directions. A wide range of business is conducted between the Luxembourg offices of these firms and the AP markets, including trade, logistics, intellectual property management and direct foreign investment. However, the bulk of business is in financial services, specifically in the investment fund area. big 4 | P. 30|31 "Typically, we assist our clients in implement ing their distribution strategies in Asia", says Yves Knel, Partner at Deloitte Luxembourg. Michael Ferguson, Head of Asset Management Practice at Ernst & Young (EY) Luxembourg, agrees. "The recognition of the Luxem bourg UCITS brand in most important Asian markets is the key factor bringing managers to Luxembourg and attracting Asian investors. A number of Chinese, Hong Kong and Japa nese asset managers have also domiciled their UCITS funds in Luxembourg and established a presence here". "Asian Sovereign Wealth Funds in the region use Luxembourg to channel investments into Europe and the same is true of corporate investors. Another example is Asian fund Managers setting up equity raising vehicles in Luxembourg to attract European and US investors wishing to invest into Asia". Georges Bock, Managing Partner, KPMG Luxembourg Michael Ferguson, Partner, Head of Asset Management Practice, Ernst & Young Luxembourg "The recognition of the Luxembourg UCITS brand in most important Asian markets is the key factor bringing managers to Lux embourg and attracting Asian investors". Another big group are the institutional asset managers who use Luxembourg to set up alternative investment structures, particularly real estate funds (REIF). "As a global real estate centre, Luxembourg is constantly interacting with most countries in the world for both inbound and outbound investments", says Georges Bock, Managing Partner at KPMG. "Asian Sovereign Wealth Funds in the region use Luxembourg to channel investments into Europe and the same is true of corpo rate investors. Another example is Asian fund Managers setting up equity raising vehicles in Luxembourg to attract European and US inves tors wishing to invest into Asia". Business is clearly going both ways. REIF clients based in the US and the EU, particularly the UK, are investing in all the major Asian and Pacific markets from China to Australia. "The key factors bringing Asia real estate funds to Luxembourg are the reputation of Luxem bourg’s asset management industry, efficient tax structures, broad double tax treaty network and competent service providers", summarises Ferguson at E&Y. Capturing business also requires hard work and dedication. "It takes much longer to develop strong client relation ships", comments Mark Evans, Partner at PwC Luxembourg. All four firms see major opportunities rising out of the AIFMD1. "We anticipate that from 2013, many Asian asset management com panies will replace their Cayman funds with 1 Luxembourg SIF to better facilitate distribu tion", says Evans. Knel (Deloitte) explains why. "Firstly, it is a directive that regulates managers and not products: AIFMD is not concerned with made in Europe so much as doing business in Europe. Secondly, AIFMD opens the way to a form of reciprocity that has been lacking in the past". The long-awaited Directive has already made an impact in AP markets, it appears. "Investors are already showing an interest", says Ferguson "and Asian fund managers are expressing interest in establishing European AIF products, either by establishing a presence in Luxembourg or by using one of the ready-made Luxembourg "plug and play" options". He is referring to the management company services offered by many firms in Luxembourg. Implanted as they are in the local economic fibre, all four companies are careful to stress the heterogeneous nature of regional markets. Japan and South Korea both have decades of experience as globally active economies whereas in China and India this is a recent development. Australia and Japan are domestically focused, whereas Hong Kong and Singapore are international hubs. "The legal, regulatory and tax environment in each of the AP jurisdictions are different and Luxembourg solutions must be adapted and tailored to the needs of different types of investors from each country", comments Yves Knel. Alternative Investment Fund Managers Directive: this EU Directive will grant a cross-border passport to alternative investment funds, similar to the UCITS passport. "The key factors bringing Asia real estate funds to Luxembourg are the reputation of Luxembourg’s asset management industry, efficient tax structures, broad double tax treaty network and competent service providers. It takes much longer to develop strong client relationships". Marc Evans, Partner, PwC Luxembourg One of the consequences for these global advisory firms is a strong focus on staff development. "It is crucial to have staff that have been exposed to the East and the West" says Bock (KPMG). "Exchange programmes "Firstly, it is a directive that regulates managers and not products: AIFMD is not con cerned with made in Europe so much as doing business in Europe. Secondly, AIFMD opens the way to a form of reciprocity that has been lacking in the past". are supportive in creating such skilled workers. Staff move within and between regions to alleviate misperceptions, enhance the global mindset, develop the right people connec tions within the firm and learn about different markets". This attitude is shared by the other firms. PwC uses staff secondments, Ernst & Young has its "ambassadors" programme and Deloitte has established a Luxembourg office in Hong Kong as part of its international tax initiative: the office is independent from group firms in the region though they work closely together. thinking: one company admits that AP has been the fastest growing region in terms of group revenue for the last eight years, with India in a pole position. Looking ahead, there is broad consensus that the biggest growth will come from China, through Hong Kong. Other key future markets include Singapore, Indonesia, Thailand, Vietnam, India and – surprisingly - Mongolia. Georges Bock throws the spotlight on Japan, citing the strong Yen and investment opportunities in Europe. This list is not just wishful The verdict? Small as it is, Luxembourg has a lot to offer the AP markets and vice versa. There is also consensus that one of the outstanding competitive threats is the need to conclude, or re-negotiate, a number of local double taxation treaties. Gaps include the Philippines and Australia. More than one company cites increasing barriers to European funds, including slower authorisation times. Rapid cost growth is a challenge. As for the Big Four, probably their greatest contribution of all is the day-to-day practice of globally accepted business practice. The global village is partly of their making. ER Some flew East Victor Buck Services (VBS) provides composition, information distribution and publishing services to companies that are distributing UCITS1 in Asia. It was one of the first companies to spot this opportunity. "A lot of the large industry players were thinking of setting up local support for their underlying TA busi ness. We pre-empted that move", explains Edith Magyarics, CEO. The company established an office in Singapore in 2008 and operates through partners in Hong Kong and Taiwan. It was an important strategic move. "In the fund business, many of the big decisions are taken outside Luxembourg; this enabled us to increase our contribution to the value chain". Edith Magyarics, CEO, Victor Buck Services Can Western service providers compete in Asian countries that more or less defined the term "customer service"? LFF interviewed three companies that are not only servicing the Asian investment fund community but are bringing jobs to Luxembourg. KNEIP went East to support existing clients in Asia, opening an office in Hong Kong in 2011. "Our clients were distributing UCITS into Hong Kong, Singapore and Taiwan and they wanted more help on the ground to get their data and documents into the right places, primarily from a regulator perspective but also from a statutory marketing perspective", explains Lee Godfrey, deputy CEO and point man for business in Asia. "In Hong Kong, for instance, it is still a legal obligation to publish all your NAVs in a newspaper. We still have thousands of lines of data published every day". This is no longer a requirement in the EU. "A lot of the large industry play ers were thinking of setting up local support for their underlying TA business. We pre-empted that move". MDO Services offers Asian asset managers the substance required to domicile a UCITS in Luxembourg. They offer UCITS management company (ManCo) services or, for a PFS | P. 32|33 1 self-managed SICAV, conducting officers and the support required for them to carry out their duties. The company is active in Singapore and Hong Kong, where clients include Mainland Chinese banks. They chose not to open a local office because clients visit Luxembourg regularly and this is the seat of the service they offer. Another reason is that the potential volume of clients does not justify such a move. "There are Asian fund managers who want to sell their expertise via a UCITS wrapper" points out Martin Vogel, CEO of MDO Services, "but their number is limited. We’re talking 30 or 40 companies". KNEIP came to the same conclusion. The company expected to pick up business from local funds, but 90% of their business remained UCITS, some of it from Chinese banks using Luxembourg to sell back into Asia. "The Chinese banks are not necessarily doing ManCo work in Luxembourg: they seem to prefer to outsource", points out Godfrey, adding: "This brings most of them to Luxembourg. Since these clients come from different countries, we decided to bring our Hong Kong office manager back to Luxembourg to service them. Doing business in Asia has its challenges. VBS chose Singapore partly because of its Western, English speaking environment. "We had very little business in the first 36 months", comments Magyarics, but having a foot on the ground eventually paid off. "Patience is key". Adapting to local cultures is important but does not get in the way of business so long as you focus on getting the job done. In Hong Kong, Lee Godfrey comments that it is important to respect the difference between Hong Kong, American, British and China born Chinese. For Magyarics, in Singapore, staff retention is the challenge: "It’s a competitive ndertaking for collective investment in transferable securities: retail investment fund that has U a passport for sale throughout the EU market and money is a driver". Another factor is the level of detail that new clients will go to, to test a new relationship. "They’re very thorough", comments Magyarics, adding that the Luxembourg PSF2 label does not help. "You are just another vendor. You’ve got to persuade people that you’ve got a competitive service offering and you understand them". Martin Vogel, CEO, MDO Services "There are Indian managers who want to sell their domestic mar ket expertise in Europe, but very few Indian banks are big enough to realise this ambition. The Chinese banks are huge, but in Europe they mostly serve the expatriate Chinese population". "In the fund business, many of the big decisions are taken out side Luxembourg; this enabled us to increase our contribution to the value chain". Godfrey agrees that the PFS label does not create an impression with clients, but he insists that the Luxembourg label is a door opener. "Most Asian companies are looking to Luxem bourg and not yet to Dublin; we had a real first mover advantage", He is echoed by Vogel; "UCITS is liked with Luxembourg, because of the trade missions and because Luxembourg has a reputation for strong regulation". All three companies comment that the fund industry in Asia is primarily domestic. The big volumes are in China, India, Taiwan or Japan. "However big these grow" notes Magyarics "UCITS will remain a relatively modest per centage of the market". Martin Vogel agrees. "There are Indian managers who want to sell their domestic market expertise in Europe, but very few Indian banks are big enough to realise this ambition. The Chinese banks are huge, but in Europe they mostly serve the expatriate Chinese population". The UCITS wrapper clearly drives business, whether funds are distributed in Asia or in Europe. This makes business vulnerable to an Asian UCITS. However, none of the companies sees this happening soon unless Europe loses the market by adding too much complexity to the UCITS. Vogel is confident that there is "a strong dialogue" between Hong Kong and Singapore and Brussels, adding that it is in everybody’s interest. Asia is also a valuable market for London, Paris and Frankfurt because that is where asset management takes place. The consensus is that Asia is an important market and there is a job to be done, but in a region where domestic business is the driver there is no automatic link between GDP growth and business volumes for Luxembourg. Asian investors have many other alternatives. When I ask what they would wish for from a genie in a bottle, Edith Magyarics would like a crystal ball to see where Asia would be in five years. Lee Godfrey makes a practical wish: life would be easier if treatment of the KIID3 were standard across all markets in Europe and if agreement could be reached concerning its use in Hong Kong. Martin Vogel eyes a map. "I would like to have a treaty with Russia", he says. ER "Our clients were distributing UCITS into Hong Kong, Singapore and Taiwan and they wanted more help on the ground to get their data and documents into the right places, primarily from a regula tor perspective but also from a statutory marketing perspective". Lee Godfrey, Deputy CEO and point man for business, KNEIP Asia 2 3 " PSF" (Financial Sector Professional) status is granted by the Luxembourg financial sector supervisory authority, the CSSF KIID: Key Investor Information Document The Ambassadors of Goodwill LFF: What are the aims and missions of ATTF? LFF: What kind of audience do you target? PW: The Financial Technology Transfer Agency spearheads the technical assistance offered by Luxembourg to countries with a need for the acquisition of financial knowledge. PW: Training takes place both in Luxembourg and abroad, in the form of seminars, workshops, conferences, coaching or consulting on banking and financial matters. The programmes are directed at banking sector employees, most often at the lower/middle management level. Participants in Luxembourg-based seminars are selected on the basis of an application but the same doesn’t hold true for local seminars where our partner (typically the central bank, bank association, bank training institute or the Ministry of Finance) doesn’t apply such a process. Sharing the expertise that the Luxembourg financial centre has built up over recent decades has long been a goal of the Luxembourg government. It led to the creation, in 1999, of an agency whose sole purpose would be to deliver training programmes to bankers across the world on a purely cooperative basis, building on the collective experience and support of the shareholders. Patrick Wallerand, International Programmes Director, ATTF One government agency has followed in the footsteps of Marco Polo: ATTF, the Agence pour le transfert de la technologie financière (Financial technology transfer agency) has been active for the last thirteen years in parts of Asia that most people have never visited. LFF interviews ATTF International Programmes Director, Patrick Wallerand ATTF | P. 34|35 ATTF is a public-private partnership whose shareholders are the State of Luxembourg, the Central Bank, the Chamber of Commerce, the financial supervisory authority CSSF, the Institute for Training in Banking (IFBL), the University of Luxembourg and the Federation of the Professionals of the Financial Sector (PROFIL). Our programmes are financed by the government. LFF: How do you promote the Luxembourg Financial Centre? PW: The promotion of the Luxembourg Financial Centre is a by-product of our activity. Demonstrating the expertise of our marketplace through the excellence of our training programmes does not translate into a quantifiable economic outcome but I know it brings goodwill. I cannot estimate the economic impact of our activity but I am aware of Luxembourg-based firms that were approached by foreign companies as a result of contacts we created. LFF: Have banks changed their attitude towards training since the beginning of the financial crisis in 2007/2008? PW: The banking sector faces many challenges these days, yet too many entities have not yet realised that training will become more and more important if they want to preserve their intellectual capital. We have registered a fall in the number of candidates and that seems to be a direct result of the crisis: even training programmes are for free, not everyone can easily be detached from his or her job. However, recent indications show three major trends: the request for practical, as opposed to theoretical, courses, the importance of risk management and a demand for training programmes that deliver, or lead to, an internationally recognised certificate. LuxembourgforFinance What topics are most in demand? Patrick Wallerand We have just conducted a training needs analysis with all our partners in order to set the 2013 programme. Risk Management (credit, liquidity, market or operational) is in very high demand, followed by Internal audit/control and IFRS. It is very indicative of the issues faced by all banks, whether in Europe or in emerging countries. LFF: What does the financial sector look like in Vietnam? LFF: You cooperate with more than 50 partners in 37 countries including a project in Vietnam. Can you describe this? PW: Vietnam has long been a beneficiary of Luxembourg development aid. In that context there are several medium term projects, including one with the State Securities Commission SSC (the capital market supervisory authority) aimed at developing the capital markets. ATTF has provided expertise in that area since 2008, bringing about some real achievements. These include the drafting of decrees and circulars on the establishment and management of open-ended investment funds, real estate investment funds and ETFs, the organisation and operation of fund management companies, regulations on securities offerings and public company disclosure, the development of a derivatives market and recommendations on a restructuring of the market infrastructure. Additionally, the project is financing market surveillance and information disclosure systems that enhance the surveillance function of SSC. PW: The banking sector is not in very good shape (non performing loans are on the increase) and the central bank has already taken several measures to deal with that. The country is now entering a Financial Sector Assessment Programme with the World Bank and the IMF, the results of which should come through in mid-2013. In fact, we might integrate part of those results in another medium-term ATTF project that would follow on from the one we are now finishing with SSC. With regard to the capital markets, these are developing slowly since individuals must first build their savings capacity before entering those markets. LFF: According to forecasts, China will overtake the US as largest economy in the world by the year 2020. What impact does China’s rising influence have on training programmes designed for Chinese professionals? PW: In addition to our activity in Shangahi, each year we welcome to Luxembourg some 20 representatives of the People’s Bank of China (the central bank) to whom we present the financial center. We believe this offers an excellent opportunity for the delegates, who come from regional headquarters all over China, to understand European financial regulation and financial products. LFF: What other plans do LFF: In 2010, ATTF signed a you have in Asia in the near Memorandum of Underfuture? standing (MoU) with the Shanghai Financial AssociaPW: In spite of a slight reduction in our tion (SFA). What is the objec- budget we will maintain our activities, not tive of this agreement? only in Vietnam and China, but also in Central PW: It was during the World Expo 2010 in Shanghai that I had the pleasure of signing the MoU with the Shanghai Financial Association on behalf of ATTF. Luxembourg is keen to develop a strong relationship with China and its financial sector. SFA, together with our consulate in Shanghai, helps us to organise some four training seminars every year. These sessions showcase our expertise in investment funds, wealth management or risk management and have stirred up real interest, as evidenced by the 70 people who registered for our most recent seminar on investment funds. Asia: Mongolia, Kazakhstan and Uzbekistan. There is no plan to stretch our remit beyond the 37 countries with whom we have the honour of working. CW Moving around in the workshop of the world LFF: What is your role and what is your mission as Consul General of the Grand Duchy of Luxembourg and as Executive Director of the Luxembourg Trade and Investment Office Shanghai? Nicolas Mackel, Consul General of the Grand Duchy of Luxembourg in Shanghai, Executive Director, Luxembourg Trade and Investment Office Shanghai Luxembourg has an excellent reputation in China. There is no doubt about that. Nevertheless, promotion efforts in the most populous country in the world have to be intensified to better convey Luxembourg’s more specific advantages. Nicolas Mackel is not scared of this major challenge. In an interview with LFF, the man with two captivating positions speaks about promotion in China, a humming economy and rewards outweighing hindrances. Promotion in China | P. 36|37 NM: I am in the very fortunate position of having two fascinating positions at once. As Consul General, I have the privilege of representing Luxembourg in Shanghai as well as in the provinces of Jiangsu, Zhejiang, Fujiang and Anhui, totaling a population of 255 million. In this capacity, I represent Luxembourg's authorities, citizens and companies with the Chinese authorities. We also issue Schengen visas for people from these provinces who travel to Luxembourg and Europe. This how ever is only a very small part of my daily activity, which is mostly spent on my second job, i.e. Executive Director of Luxembourg's Trade and Investment Office (LTIO) in China. In this latter capacity, we promote Luxembourg’s economic interests all over China by either helping Luxembourg companies who want to do business in China or talking to Chinese companies to get them interested in choosing Luxembourg as their gateway to the European single market. LFF: What kind of companies haVE a presence in Luxembourg and what firms plan to do so in the near future? NM: In the field of financial services, I don't need to recall the presence of the two biggest actors, Bank of China and ICBC. A third bank, China Construction Bank, has announced its decision to also set up its European HQ in Luxembourg and we are in discussions with others. Some Chinese asset managers were already present via the partner companies with whom they have set up a joint venture in China, but more recently we also see individual Chinese FMC's, such as China AMC, China Southern Fund. Others are in the pipeline... In the corporate sector, the largest presence is that of Huawei, China's telecom giant. A little known fact is that one of China's biggest car producers, Shanghai Automotive Industrial Corporation, has set up its European HQ in Luxembourg as well last year to manage its network of clients and providers from there. Chinese companies have only very recently started to go out to actually do business as opposed to simply produce in China and sell overseas or invest in the acquisition of technology, resources and brands. Both in the financial as in the corporate sector we are aiming to position Luxembourg as an ideal platform for Chinese companies who want to do business in Europe. LuxembourgforFinance Nicolas Mackel What is the image of Luxembourg and its Financial Centre in China? Luxembourg has an excellent reputation in China. Since my arrival here last year, I have not met a single Chinese who did not know about Luxembourg. A great debt of gratitude for this is due to all those who contributed in making our Pavilion during the World Expo the stunning success is was with 7,2 million visitors. Their tireless efforts have laid a very solid foundation for the promotional work we are doing today. The general level of knowledge among Chinese businessmen about Luxembourg as a major financial centre is quite good, yet we need to better convey the more specific advantages Luxembourg can offer to Chinese investors, bankers and asset managers. We thus work a lot on promoting Luxembourg not only directly with economic actors but also in the Chinese media. Recently, the LTIO Shanghai has sent, in cooperation with LFF and the Ministry of Economy and Foreign Trade, a group of five Chinese journalists to Luxembourg. In Shanghai, we also work very closely with the local financial authorities in cooperation with Luxembourg’s ATTF, which holds training seminars for young bankers and asset managers. ATTF also runs a program for Chinese central bankers in Luxembourg. We are building up a network of relations with various actors in China. For instance, we are presently running a series of contributions from Luxembourg actors to the quarterly publication of Shanghai’s PE Association. LFF: What about Luxembourg as a logistics hub? LFF: What makes Luxembourg attractive for Chinese investment into Europe? NM: Chinese people have excellent geography skills and thus their first thought in terms of logistics is for countries with ports rather than land-locked ones like ourselves. However, once given the opportunity to explain the more subtle details, we manage to get them interested in Luxembourg as a potential logistics hub in Europe. They always learn with great interest that Luxembourg’s airport is among the eight biggest cargo airports in Europe, Cargolux operates such a large fleet and network and they are highly interested in our no-VAT-prefinancing advantage. We are looking forward also to promoting Luxembourg’s freeport among Chinese investors. NM: The vast majority of China’s outbound investment is channelled through Hong Kong, a jurisdiction with which we managed to negotiate a very advantageous bilateral nondouble taxation agreement. This, combined to our large network of other NDTA's has helped us in attracting to Luxembourg major Chinese players such as China Investment Corporation, Sinopec, CNOOC, as well as other companies from the Middle Kingdom who invest in Europe and elsewhere through Luxembourg structures. Promotion in China | P. 38|39 Beyond this, there are of course the more general arguments which we like to put forward in the promotion of Luxembourg: central location, multilingualism, efficient and pragmatic authorities, high level of expertise and competence, competitive tax regime, and so forth. LFF: Investment works both ways. How easy is it to do business in China? NM: China is a complex and interesting country in many ways but judging by the enthusiasm with which companies from every corner of the world set up presences in China the rewards certainly outweigh any perceived hindrances. While China has certainly been and still is known to be the workshop of the world, more and more companies are operating there not because of cheap labour but because of China's own market place with a growing number of middle to high-income consumers. In the financial sector, the Chinese authorities operate quite a tight game but we increasingly see them liberalising the various channels and schemes by which investment flows can cross into as well as out of China. They are keenly aware of their interest in attracting investment to help Chinese companies turn into international actors and keep the economy humming along at impressive rates. LFF: What role does the Chinese government play in approving foreign direct investment and regulating proposed merger and acquisition activities by foreign investors? NM: The Chinese government obviously has a major role to play in approving any investment projects into China. Various agencies will have a say depending on the subject matter of the investment. In the financial sphere, China has put in place the Qualified Foreign Institutional Investor (QFII) scheme which will allow, as it is being further expanded, an increasing number of foreign institutions to invest into China’s capital market. For example, we have been in contact with a major Luxembourg-based fund, which is in the pro cess of applying for a large quota to be able to invest more in Mainland China. LuxembourgforFinance The mutual fund penetration per household IN ASIA remains relatively low with 8% (global average is 16%). What potential do you see to be explored? Nicolas Mackel Because the mutual fund penetration per household remains low, Chinese asset managers increasingly look outside their own frontiers and some are already responding to European investors’ appetite for an exposure to the mainland economy. As mentioned previously, several Chinese managers have already set up funds in Luxembourg and we believe now is a crucial time to position the Grand Duchy as the ideal platform from where to tap into a large pool of RMB-hungry European investors. RMB denominated products are increasingly attracting investors in Europe who are looking both to diversify their holdings as well as to get a ride on the red-back's rise. Luxembourg’s stock exchange has already listed a number of dim sum bonds and actually was the first to do so outside Hong Kong. Luxembourg could ultimately position itself to serve as an RMB offshore hub in Europe. CW Hard material matters Just recently, CERATIZIT, a Luxembourg-based pioneer and global player in the carbide industry, opened a second subsidiary in Kolkata, India. As a globally active company, CERATIZIT supplies the automotive, engineering and construction industries, to name but a few, with hard metal components. The CERATIZIT Group employs 5,500 people in 25 production facilities and about 50 sales subsidiaries around the world. Although traditionally the company is focused on Europe, Asia is one of their core markets. "We are cur rently producing in China and India and are also pushing into the Japanese market", Jacques Lanners, Representative for the Executive Board of the CERATIZIT Group says. With the recent takeover of an existing facility in India, the group now possesses seven production sites in the Eastern hemisphere, five of them at or near the Chinese coast. Carbide industry | P. 40|41 "Asia offers two main advantages: 70% of the commodities we need come from China. Our production is very personnel-intensive, and we can benefit from their competitive labour costs". With a total staff of around 1,600, the Chinese production sites are even bigger than the three facilities in Luxembourg which altogether account for 1,200 employees. Jacques Lanners, Representative for the Executive Board, CERATIZIT Group "The euro crisis is a crisis of the financial system, so of course it has its repercussions on the economy. But since we market our products worldwide and produce outside of Europe as well, we try to wind our way past the crisis". "In China, we prefer working with locals not only at the manufacturing level, but at the manage ment level as well", Mr Lanners explains. "Our representatives at the Chinese production sites are locals that have been trained in Europe". Contrary to the situation in Luxembourg, finding qualified staff in China and India is not an issue. "In Luxembourg and in Europe in general, craftsmen and specialised engineers are a dying breed". Starting out as a joint venture in China, CERATIZIT has now converted its business into a wholly foreign owned enterprise (WFOE) incorporation. "Nowadays, it is absolutely not a problem anymore to set up a WFOE in China. The authorities are happy to have foreign high-tech companies in their country. China is opening up more and more every day". Despite its rapid growth, Mr Lanners is not afraid that China might steamroll over the rest of the world in the near future. "In the eighties, people were already saying that China would flood global markets. Now, thirty years later, this is still not the case. This process will take a few more decades". European companies benefit from Asia’s stable position on the world stage, especially during the present euro crisis. "The euro crisis is a crisis of the financial system, so of course it has its repercussions on the economy. But since we market our products worldwide and produce outside of Europe as well, we try to wind our way past the crisis". In order to stay competitive, CERATIZIT reaches out to markets like Vietnam and Cambodia, which are rich in resources and will soon replace China as the new low-cost countries. "At the moment, we are still focused on the European market. The aim is to diversify our business geographically and to increase shares in Asia, India and the US", Mr Lanners declares. This would help make European companies less prone to crises as well. EA The Landmakers What do the Dubai Palm Islands and the beaches of the German island Sylt have in common? Both are popular destinations for a well-heeled clientele and owe the continued existence of their lovely beaches to the Jan De Nul Group. The group is a familyowned company with its head office in Luxembourg. David Lutty, Manager, Business Development & Governmental Affairs, Jan De Nul Group Their core business is dredging, that is to say building reclaimed land and deepening ports. Large environmental and civil projects such as the construction of wastewater treatment plants are also part of the group’s portfolio. One of their most renowned projects in Asia is the Hong Kong airport Chek Lap Kok, which was built outside the city in the Pacific in the 1990s or more recently the reclamation of 2,000 ha of land for a steel mill complex in Vietnam. The dredging business has its origins in Belgium and the Netherlands, where the maritime sector is very strongly represented. Dredging | P. 42|43 Jan De Nul’s main expertise are its vessels, which contrary to the fleet of its competitors, are designed by a group of 100 internal engineers. Most of the vessels are registered under the Luxembourg flag. 500 of the group’s 6,453 staff are on the Luxembourg payroll, the majority of them being the vessels’ captains. With a turnover of 2 billion euros generated in Luxembourg, Jan De Nul is an important player in the Luxembourg non-financial industry. "The main reason(to set up our headquarters in Lux embourg) was the custommade solutions Luxembourg players are able to offer in various fields of the financial world. The know-how of the finance industry is impor tant for us, since the group’s treasury is managed in Luxembourg. Here, we found a competitive fiscal frame work. Other reasons were the easy access to decision makers in the government and the good service we get from the Luxembourg maritime administration". David Lutty of Jan De Nul explains why the group decided to locate its head office in the Grand Duchy in 1995: "The main reason was the custom-made solutions Luxembourg players are able to offer in various fields of the financial world. The know-how of the finance industry is important for us, since the group’s treasury is managed in Luxembourg. Here, we found a competitive fiscal framework. Other reasons were the easy access to decision mak ers in the government and the good service we get from the Luxembourg maritime administra tion". A fact that is very little known is that one third of Luxembourg non-life insurances are active in shipping. Apart from treasury, the Luxembourg head office is responsible for decision making, consolidation, accounting and ship management, as well as internal services like public relations, travel management and trainings for staff and crew. Asia is one of the group’s core markets. "Our clients are mainly port authorities or govern mental bodies that need our services in order to modernise their infrastructures. Apart from dredging, the offshore business for oil, gas and renewable energy is an important pillar". Jan De Nul controls its activities in the SouthEastern Asian region out of Singapore. As a subsidiary of the Luxembourg head office, the Singapore bureau is constantly observing the Asian market in order to land new projects in the region. If necessary, small offices in the country where a project is finally realised can be opened. Another Luxembourg subsidiary is located in Malaysia. "Currently, we are fol lowing some interesting projects in Indonesia. It’s a very important market for us", Mr Lutty says. The manager admits that there are huge differences between each Asian country when it comes to business: "In Singapore and Hong Kong, it is very easy to do business, because they are straight forward and clear in their expectations. The Philippines and Indonesia, however, are more bureaucratic. India remains interesting, but it is very difficult to get a project there because of bureaucratic hurdles. The market is rather protective". As another upcoming market, Myanmar is on the group’s map. "We have just finished two small projects there. They have big plans to modernise their ports. The same applies to Vietnam. Australia is one of the most important markets because of the natural resources that are exported from the continent into the Chinese region". As protective market, China remains on Jan De Nul’s wish list. "We only work in China when the local companies do not have enough capacity and ask for one of our big vessels to come in and work for them". At the same time, Chinese companies will develop to become serious competitors in the field. "The technologies are still at different levels. Ours are at a higher level and are more productive. For instance, we have the biggest vessel in the world, which can dredge and store on board 46,000 cubic meters of sand. Also, our safety standards are much better. But we are careful to not underestimate China, as they can adapt rapidly", Mr Lutty says. Clearly, dredging is a tough business. That’s why the group invests heavily in training facilities for the vessel’s captains in the Luxembourg premises. At the end of the day, the country that offers the whole package will win the game. EA The multilingual, multi-skilled executives in Luxembourg’s finance sector are ready to greet you. Over 75% of finance workers are foreign residents or cross-border commuters, so new arrivals quickly feel at home. Both stable and dynamic, Luxembourg is open for business. www.luxembourgforfinance.lu Agency for the Development of the Financial Centre 12 Rue Erasme, P.O. Box 904, L-2019 Luxembourg Tel: (+352) 27 20 21 1 Fax (+352) 27 20 21 399 Email lff@lff.lu