Advisor’s ESG Recommendations Could Get Them in Hot Water


ESG Programs Under the SEC Spotlight

 

The Securities and Exchange Commission (SEC) singled out ESG investing in its annual examination priorities letter in both  2021 and in 2020. Back in April, they went as far as issuing a  risk alert citing firms for making misleading statements about their ESG programs, inadequate controls around ESG marketing efforts, and lack of oversight and compliance deficiencies.

An official at the SEC warned this week, examiners at the Securities and Exchange Commission have been watching advisory firms that advertise investment strategies focused on environmental, social, and corporate governance (ESG). According to Kristin Snyder, who is the deputy director of the SEC.’s Division of Examinations, where examiners monitor how advisors tell clients that an investment strategy is aligned with certain values or risk factors, said at an annual SEC conference, “We’ve been significantly focused on examining advisors who are advertising and marketing environmental, social, and governance investments, and I know those investments can often be marketed in a number of different ways, whether it’s impact, or socially responsible, or ESG-conscious.”

Snyder recommended that advisors study the recommendations the commission published in their The
Division of Examinations’ Review of ESG Investing
and cautioned that examiners would continue to probe how advisors are backing up their ESG promises when examiners visit firms that promote purpose-driven investing strategies.

“In a nutshell, I think across all advisor types as well as looking at registered investment company investments, we’ll be looking at compliance programs, portfolio management, and marketing and advertising,” Snyder said.

“We’re not making merit-based judgments about any of these investments,” she said. “We’re simply ensuring that what advisors are marketing and representing to their investors is actually happening in practice and that with compliance, there are policies and procedures and controls to ensure that the portfolio management practices that the advisor markets and advertises actually are operating as they should.”

Take-Away

Bandwagon marketing by investment advisors will only be tolerated by the SEC if the ideas and underlying securities match an investment professional’s proposal. The rush to all things ESG by the investment community in 2021 has led to abuses. The SEC is aware of the overzealous marketing campaigns and is on the lookout at their regular examinations.

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ESG Indicators and How Investors Use Them





Five Reasons Investors Increasingly Use ESG Standards



Are Small-Cap Stocks Smart Investments?

 

 

Sources:

https://www.c-span.org/video/?515168-1/securities-exchange-commission-oversight-hearing

https://www.sec.gov/files/esg-risk-alert.pdf

https://www.sec.gov/news/press-release/2020-334

https://www.sec.gov/investment/investment-adviser-marketing

 

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Large Fossil Fuel Companies Not Participating at UN Climate Meeting


Who is Uninvited to Participate at this Year’s UN Climate Conference?

 

The Conference of the Parties (COP), the meeting of the 197 members of the United Nations Framework Convention on Climate Change, was postponed last year. It will instead be held this Fall, less a few regular delegates. Nonetheless, COP26
in Glasgow
is being billed as the most important climate talk since the Paris
Agreement
was signed in 2015.

 

Big Oil Sidelined

The event will be held in Glasgow from Mon, Nov 1 to Fri, Nov 12. This year the host country took the step to require large companies and their industries to have carbon-reduction targets that coincide with the latest accepted climate science. The targets must include how quickly they can, and by how much they need to, reduce their emissions. The decision on whether the plans meet the criteria is made by The Science Based Targets initiative (SBTi). This initiative was created by a partnership between the U.N. Global Compact and other nonprofit organizations.

The SBTi has already set emission reduction plans for industries that have voluntarily worked with them to form a roadmap. Aviation, financial services, technology, and others have already had targets accepted.

Who Can Participate?

Consumer product makers such as Unilever, tech companies like Hitachi and Microsoft, and consumer product makers such as Reckitt, who owns Calgon and Clearasil have been named “principal partners.” This allows them a high level of involvement at the event. Meanwhile, British-based oil company BP will have a low profile since the oil industry hasn’t agreed to what the SBTi sanctions as a science-based plan showing how it will reduce carbon emissions.

Plans for the oil-and-gas industry are in development but are more complex than other industries. The SBTi and big oil companies are working together, but they have not succeeded in creating a well-defined workable course of action.  Big oil companies plan on playing a key role in reducing carbon emissions; developing the details of the plan is more difficult than for industries such as finance.

 

Take-Away

Oil companies still plan to send staff to COP. For example, Chief Executive of BP, Bernard Looney says he plans to attend. These non-SBTi cleared companies can always send representatives as observers. While they may not take a role at the meeting, this year, the stage for what is expected going forward should create momentum for planning if they would like to be included at the next COP meeting.

 

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Are There Enough ESG Stocks to Go Around?



Investment Opportunities in Hydrogen

 

Sources:

https://ukcop26.org/the-conference/get-involved/

https://www.wsj.com/articles/action-on-climate-change-is-urged-by-medical-journals-in-unprecedented-plea-11630886402?mod=article_inline

https://www.wsj.com/articles/natural-gas-prices-surge-and-winter-is-still-months-away-11631986861?mod=itp_wsj&mod=djemITP_h

https://www.wsj.com/articles/biden-says-u-s-working-with-eu-on-pledge-to-cut-global-methane-emissions-11631885397?mod=article_inline

 

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Afghanistans Riches Put in Perspective in Todays Economy


Afghanistan Is Sitting on a Gold Mine. Literally

 

Afghanistan is sitting on a gold mine. I don’t mean that figuratively.

The country sits atop what could be one of the world’s largest reserves of various metals and minerals, including not just gold but also platinum, silver, copper, iron, aluminum and uranium. It’s believed to have so much lithium, an increasingly important metal that’s widely used in battery technology, that Afghanistan could one day be known as the “Saudi Arabia of lithium,” according to a 2010 memo by the U.S. Department of Defense.

The combined value of its minerals is estimated at between $1 trillion and $3 trillion. By comparison, opium poppy production in the country was valued at only $350 million in 2020, despite an increase in cultivation from the previous year.

 

This article was republished with permission from Frank Talk, a CEO Blog by Frank
Holmes of U.S. Global Investors. Find more of Frank’s articles
here
Originally published August 30, 2021

 

Afghanistan Rich in All-Important REEs. Will They Fall into the Right Hands?

Among Afghanistan’s rich resources are rare earth elements (REEs). REEs are those metals with unpronounceable names that are used in the manufacture of advanced technologies, including electric vehicles, wind turbines and missile guidance systems. Your iPhone contains a number of them. Each F-35 fighter jet carries about half a ton of these strategic elements.

As I’ve shared with you before, China has virtually cornered the global REE
market.
 The U.S. has only one developed deposit—the Mountain Pass Mine near Las Vegas, owned by MP Materials—which supplies about 15.8% of the world’s REEs. In October 2020, former President Donald Trump signed an executive order addressing America’s overreliance on these “critical minerals” from “foreign adversaries,” including China.

And speaking of China, it’s not letting a good opportunity go to waste. Mere hours after the Taliban completed its swift takeover of Afghanistan, a Chinese foreign ministry spokesperson said that Beijing was 
ready to participate in
“Afghanistan’s reconstruction and development.”

I genuinely hope the development of Afghanistan’s resources, with or without China’s help, improves its citizens’ quality of life and brings the country into the 21st century. With time, and with the right execution, Afghanistan could become one of the wealthiest countries in the region.

That said, the odds are not in the country’s favor, sadly. The so-called 
“resource curse” is a real thing.

 

REE Miners on a Tear

Due to their scarcity and increasing strategic importance in advanced technologies, from lasers to X-rays to fiber optics, prices for many rare earths are elevated and are expected to continue rising.

This has been good for producers. As measured by the MVIS Global Rare Earth/Strategic Metals Index, shares of the group are up nearly 180% for the 12-month period, compared to producers of more conventional metals, which have risen 28%.

 

 

In July, in fact, the rare earth index was up a whopping 26%, making it MV Index Solutions’ top performing hard asset index for the month. The biggest mover for the month was China Northern Rare Earth High-Tech Company, up 130%, mostly on expectations of even higher demand from the electric vehicle (EV) sector, which could have a compound annual growth rate (CAGR) of 46% over the next five years. China’s carbon neutrality ambitions are another driver, with REEs being needed for wind turbines, solar arrays and more.

We like number two company Standard Lithium, up 47% in July. A speculative play, the Vancouver-based company, which has projects in Arkansas and San Bernardino Country, California, began trading in New York in July under the ticker SLI.

Lithium is a key component in the production of batteries, the demand for which is expected to jump many times over as the world transitions to the electrification of everything. Case in point: Last week, California announced it would increase its solar and wind power
capacity
 this year to help meet its target of 50% renewable energy generation by 2025. Toward that end, the state plans to add another 1.6 gigawatts (GW) of solar capacity and 0.4 GW of onshore wind capacity in 2021, along with 2.5 GW of battery storage capacity.

 

New Touchscreen Tech Constructive for Silver

We’re also bullish on silver for the same reasons. As Metals Focus reports last week, a growing number of countries are installing greater than 1 GW of photovoltaic (PV) capacity for solar power. In 2020, this number stood at 18, compared to 11 in 2018. Metals Focus also notes that replacement PV cells are constructive for the white metal, as “very little silver is recovered from old PV cells.”

 

 

Also adding to my bullishness is news that a new technique to make the conductive glass found in touchscreens, one using silver, may soon replace current methods that use a metal called indium.

Although indium is not technically a rare earth element, its economics are very much the same. About 70% of known deposits are in China. Output is unstable, with much of the supply existing only as a byproduct of zinc mining. And yet it’s used to make the ubiquitous touchscreens found in smartphones, laptops, ATMs, car stereos, cash registers and more.

An Australian scientist may have developed a solution that would help the world wean itself off of indium. Writing in the Conversation, Behnam Akhavan says that he and his team at the University of Sydney have discovered a way to make touchscreens with silver and tungsten oxide instead of indium. “The entire process takes only a few minutes, produces minimal waste, is cheaper than using indium, and can be used for any glass surface such as a phone screen or window,” Akhavan writes, adding that he’s conducting further research to adapt the technology for wearable electronic devices.

“The entire process takes only a few minutes, produces minimal waste, is cheaper than using indium, and can be used for any glass surface such as a phone screen or window,” Akhavan writes, adding that he’s conducting further research to adapt the technology for wearing electronic devices.

This is positive news for silver demand, which is already strong from the renewable energy industry. Last week, Russian producer Polymetal International says it sees greater industrial demand pushing the white metal up to $30 an ounce, compared to $24 today.

Investors Losing 4% on the 10-Year Treasury

The (virtual) Jackson Hole Economic Symposium was last Friday, and Federal Reserve Chair Jerome Powell suggested what’s been on everyone’s mind for weeks now. The central bank may begin tapering its monthly bond-buying program by the end of the year, though rates are unlikely to be hiked just yet. That’s despite inflation running above 5% year-over-year. That’s despite inflation running above 5% year-over-year.

This just means bond yields will be negative for longer, benefiting gold and precious metals. The 10-year yield fell nearly 5 basis points on Friday to 1.30%. When adjusted for inflation, investors are paying the government 4% for the pleasure of holding its debt.

Take a look at what German investors are doing in the face of potentially higher inflation. Purchases of gold bars and coins in the first half of 2021 rose to their highest levels since at least 2009.

 

 

As always, I recommend a 10% weighting in gold, with 5% in physical bullion and 5% in gold mining stocks and ETFs. It’s important to rebalance on a regular basis.

 

-Frank Holmes, CEO U.S. Global Investors, Inc.

 

Channelchek invites you subscribe to the U.S. Global Investors
YouTube channel by 
clicking here!

 

Suggested Reading:



The Taliban Assumes Stewardship of Afghanistan’s Rich Strategic Mineral Resources



High Tech Search for Copper





Holiday Gift-Giving Season May Include More Gift Cards and IOUs



What Metals Prices Can Tell Us About the Economy

 

U.S. Global Investors Disclaimer

All opinions expressed and data provided are subject to change without notice. Some of these opinions may not be appropriate to every investor. By clicking the link(s) above, you will be directed to a third-party website(s). U.S. Global Investors does not endorse all information supplied by this/these website(s) and is not responsible for its/their content.

MVIS Global Rare Earth/Strategic Metals Index covers the largest and most liquid companies which are active in the rare earth/strategic metals sector. The index is reviewed on a quarterly basis, float market capitalization weighted, and the maximum component weight is 8%. The MSCI World Metals & Mining Index is a free float weighted equity index. Compound annual growth rate (CAGR) is the rate of return that would be required for an investment to grow from its beginning balance to its ending balance, assuming the profits were reinvested at the end of each year of the investment’s life span.

Holdings may change daily. Holdings are reported as of the most recent quarter-end. The following securities mentioned in the article were held by one or more accounts managed by U.S. Global Investors as of (06/30/2021): Standard Lithium Ltd., Polymetal International PLC

 

Stay up to date. Follow us:

 

Afghanistan’s Riches Put in Perspective in Today’s Economy


Afghanistan Is Sitting on a Gold Mine. Literally

 

Afghanistan is sitting on a gold mine. I don’t mean that figuratively.

The country sits atop what could be one of the world’s largest reserves of various metals and minerals, including not just gold but also platinum, silver, copper, iron, aluminum and uranium. It’s believed to have so much lithium, an increasingly important metal that’s widely used in battery technology, that Afghanistan could one day be known as the “Saudi Arabia of lithium,” according to a 2010 memo by the U.S. Department of Defense.

The combined value of its minerals is estimated at between $1 trillion and $3 trillion. By comparison, opium poppy production in the country was valued at only $350 million in 2020, despite an increase in cultivation from the previous year.

 

This article was republished with permission from Frank Talk, a CEO Blog by Frank
Holmes of U.S. Global Investors. Find more of Frank’s articles
here
Originally published August 30, 2021

 

Afghanistan Rich in All-Important REEs. Will They Fall into the Right Hands?

Among Afghanistan’s rich resources are rare earth elements (REEs). REEs are those metals with unpronounceable names that are used in the manufacture of advanced technologies, including electric vehicles, wind turbines and missile guidance systems. Your iPhone contains a number of them. Each F-35 fighter jet carries about half a ton of these strategic elements.

As I’ve shared with you before, China has virtually cornered the global REE
market.
 The U.S. has only one developed deposit—the Mountain Pass Mine near Las Vegas, owned by MP Materials—which supplies about 15.8% of the world’s REEs. In October 2020, former President Donald Trump signed an executive order addressing America’s overreliance on these “critical minerals” from “foreign adversaries,” including China.

And speaking of China, it’s not letting a good opportunity go to waste. Mere hours after the Taliban completed its swift takeover of Afghanistan, a Chinese foreign ministry spokesperson said that Beijing was 
ready to participate in
“Afghanistan’s reconstruction and development.”

I genuinely hope the development of Afghanistan’s resources, with or without China’s help, improves its citizens’ quality of life and brings the country into the 21st century. With time, and with the right execution, Afghanistan could become one of the wealthiest countries in the region.

That said, the odds are not in the country’s favor, sadly. The so-called 
“resource curse” is a real thing.

 

REE Miners on a Tear

Due to their scarcity and increasing strategic importance in advanced technologies, from lasers to X-rays to fiber optics, prices for many rare earths are elevated and are expected to continue rising.

This has been good for producers. As measured by the MVIS Global Rare Earth/Strategic Metals Index, shares of the group are up nearly 180% for the 12-month period, compared to producers of more conventional metals, which have risen 28%.

 

 

In July, in fact, the rare earth index was up a whopping 26%, making it MV Index Solutions’ top performing hard asset index for the month. The biggest mover for the month was China Northern Rare Earth High-Tech Company, up 130%, mostly on expectations of even higher demand from the electric vehicle (EV) sector, which could have a compound annual growth rate (CAGR) of 46% over the next five years. China’s carbon neutrality ambitions are another driver, with REEs being needed for wind turbines, solar arrays and more.

We like number two company Standard Lithium, up 47% in July. A speculative play, the Vancouver-based company, which has projects in Arkansas and San Bernardino Country, California, began trading in New York in July under the ticker SLI.

Lithium is a key component in the production of batteries, the demand for which is expected to jump many times over as the world transitions to the electrification of everything. Case in point: Last week, California announced it would increase its solar and wind power
capacity
 this year to help meet its target of 50% renewable energy generation by 2025. Toward that end, the state plans to add another 1.6 gigawatts (GW) of solar capacity and 0.4 GW of onshore wind capacity in 2021, along with 2.5 GW of battery storage capacity.

 

New Touchscreen Tech Constructive for Silver

We’re also bullish on silver for the same reasons. As Metals Focus reports last week, a growing number of countries are installing greater than 1 GW of photovoltaic (PV) capacity for solar power. In 2020, this number stood at 18, compared to 11 in 2018. Metals Focus also notes that replacement PV cells are constructive for the white metal, as “very little silver is recovered from old PV cells.”

 

 

Also adding to my bullishness is news that a new technique to make the conductive glass found in touchscreens, one using silver, may soon replace current methods that use a metal called indium.

Although indium is not technically a rare earth element, its economics are very much the same. About 70% of known deposits are in China. Output is unstable, with much of the supply existing only as a byproduct of zinc mining. And yet it’s used to make the ubiquitous touchscreens found in smartphones, laptops, ATMs, car stereos, cash registers and more.

An Australian scientist may have developed a solution that would help the world wean itself off of indium. Writing in the Conversation, Behnam Akhavan says that he and his team at the University of Sydney have discovered a way to make touchscreens with silver and tungsten oxide instead of indium. “The entire process takes only a few minutes, produces minimal waste, is cheaper than using indium, and can be used for any glass surface such as a phone screen or window,” Akhavan writes, adding that he’s conducting further research to adapt the technology for wearable electronic devices.

“The entire process takes only a few minutes, produces minimal waste, is cheaper than using indium, and can be used for any glass surface such as a phone screen or window,” Akhavan writes, adding that he’s conducting further research to adapt the technology for wearing electronic devices.

This is positive news for silver demand, which is already strong from the renewable energy industry. Last week, Russian producer Polymetal International says it sees greater industrial demand pushing the white metal up to $30 an ounce, compared to $24 today.

Investors Losing 4% on the 10-Year Treasury

The (virtual) Jackson Hole Economic Symposium was last Friday, and Federal Reserve Chair Jerome Powell suggested what’s been on everyone’s mind for weeks now. The central bank may begin tapering its monthly bond-buying program by the end of the year, though rates are unlikely to be hiked just yet. That’s despite inflation running above 5% year-over-year. That’s despite inflation running above 5% year-over-year.

This just means bond yields will be negative for longer, benefiting gold and precious metals. The 10-year yield fell nearly 5 basis points on Friday to 1.30%. When adjusted for inflation, investors are paying the government 4% for the pleasure of holding its debt.

Take a look at what German investors are doing in the face of potentially higher inflation. Purchases of gold bars and coins in the first half of 2021 rose to their highest levels since at least 2009.

 

 

As always, I recommend a 10% weighting in gold, with 5% in physical bullion and 5% in gold mining stocks and ETFs. It’s important to rebalance on a regular basis.

 

-Frank Holmes, CEO U.S. Global Investors, Inc.

 

Channelchek invites you subscribe to the U.S. Global Investors
YouTube channel by 
clicking here!

 

Suggested Reading:



The Taliban Assumes Stewardship of Afghanistan’s Rich Strategic Mineral Resources



High Tech Search for Copper





Holiday Gift-Giving Season May Include More Gift Cards and IOUs



What Metals Prices Can Tell Us About the Economy

 

U.S. Global Investors Disclaimer

All opinions expressed and data provided are subject to change without notice. Some of these opinions may not be appropriate to every investor. By clicking the link(s) above, you will be directed to a third-party website(s). U.S. Global Investors does not endorse all information supplied by this/these website(s) and is not responsible for its/their content.

MVIS Global Rare Earth/Strategic Metals Index covers the largest and most liquid companies which are active in the rare earth/strategic metals sector. The index is reviewed on a quarterly basis, float market capitalization weighted, and the maximum component weight is 8%. The MSCI World Metals & Mining Index is a free float weighted equity index. Compound annual growth rate (CAGR) is the rate of return that would be required for an investment to grow from its beginning balance to its ending balance, assuming the profits were reinvested at the end of each year of the investment’s life span.

Holdings may change daily. Holdings are reported as of the most recent quarter-end. The following securities mentioned in the article were held by one or more accounts managed by U.S. Global Investors as of (06/30/2021): Standard Lithium Ltd., Polymetal International PLC

 

Stay up to date. Follow us:

 

Fed Chairman Addresses Inflation Tapering and Employment at Jackson Hole Summit


The High Points of Fed Chairman Powell’s Presentation are Worth Understanding

 

Each August, the main event is always the U.S. Federal Reserve Bank Chairman at the Jackson Hole Economic Policy Symposium. This year it was especially true as events of the past several months have allowed more policy leeway than usual for the Fed to conduct monetary policy. Some of the most impactful policy moves have had a dramatic lifting effect on markets and sectors of the economy. However, these policies that include quantitative easing, near-zero bank lending rates, securities purchases, and yield-curve control are seen by many as unsustainable and worth unwinding before the “medicine” harms the “patient.”

The challenge the Fed always faces after they have been using their arsenal to attack a faltering economy is withdrawing from the fight in measured steps and at a pace that is neither too late and ignites another problem, nor too soon allowing problems to resurface.

Federal Reserve Chairman Jay Powell was again the main event at the Jackson Hole Summit titled, “Macroeconomic Policy in an Uneven Economy.” The market has been waiting for weeks to measure his words to determine what the Fed’s actions may be, and then, how it impacts their portfolio, or what shift in strategy they may wish to make.

A briefing of the Fed Chairman’s comments at this event on Friday, August 27th is below.

 

Opening Remarks

The chairman discussed in his opening remarks how an aggressive policy has allowed for a vigorous economic recovery. He pointed out the economy during the downturn was atypical; personal income rose, spending shifted from service sectors to manufacturing, and the demand for goods has lead to bottlenecks and shortages.

On the subject of prices, Powell’s opening remarks included,”…the result has been elevated inflation in durable goods—a sector that has experienced an annual inflation rate well below zero over the past quarter-century.”  He sees labor markets improving but says the unknowns of the pandemic’s path create turbulence and risks to the improvement.

 

The Recession and Recovery

Powell pointed out the decline in output in the second quarter of 2020 was twice the full decline during the Great Recession of 2007–09. He reminded that the pace of output has not passed previous highs but exceeded the Fed’s expectations. He mentioned recovery in employment has lagged output but is also running above what was expected.

Data was given during the presentation to demonstrate the unevenness of the recovery and sector spending shifts to goods, “particularly durable goods such as appliances, furniture, and cars—and away from services, particularly in-person services in areas such as travel and leisure.” Powell reminded.

 

 

Providing more detail, Powell said, “As the pandemic struck, restaurant meals fell 45 percent, air travel 95 percent, and dentist visits 65 percent.” He pointed out that even today, with overall gross domestic product and consumption spending more than fully recovered, spending in the service sector remains about 7 percent below the expected level.  He continued, “Total employment is now 6 million below its February 2020 level, and 5 million of that shortfall is in the still-depressed service sector.”  Powell contrasted that with spending on durable goods, which he says is still running about 20% above pre-pandemic levels.

The inflation component he pointed shows demand outstripping pandemic-reduced supply, and rising durables prices that are a big factor in why inflation is running ahead of its 2% target.

The Path Ahead: Maximum Employment

The labor market was described as “brightening considerably.”  And, “The pace of total hiring is faster than at any time in the recorded data before the pandemic.” He then added that “openings and quits” are also at record highs and that employers are reporting they “cannot fill jobs fast enough to meet returning demand.”

Powell expects these conditions for job seekers should help the economy cover the remaining ground to reach maximum employment. He said that although unemployment is at a post-pandemic low, he considers it too high. Part of what he sees as the problem is that “Long-term unemployment remains elevated, and the recovery in labor force participation has lagged well behind the rest of the labor market, as it has in past recoveries.”

 

 

“With vaccinations rising, schools reopening, and enhanced unemployment benefits ending, some factors that may be holding back job seekers are likely fading. While the Delta variant presents a near-term risk, the prospects are good for continued progress toward maximum employment,” Powell said.

The Path Ahead: Inflation

Speaking specifically on the subject of inflation, the Fed chairman addressed different perspectives, including the absence of broad-based pressures, higher-inflation items, wages, long-term expectations, broke it down into five segments, broad-based and global forces.

The spike in inflation, he believes, is not broad-based. Instead, he described it as being “largely the product of a relatively narrow group of goods and services that have been directly affected by the pandemic and the reopening of the economy.” He said that durable goods contributed 1% to the most recent YOY measure — energy prices, another 0.8 percentage point to headline inflation. He pointed to history to explain why the Fed believes the increases are transitory.

We would be more concerned if inflationary pressures were spreading more broadly through the economy; this was the overall point he made.

 

 

Items that we saw experience higher inflation, he said are moderating. “Used car prices, for example, appear to have stabilized; indeed, some price indicators are beginning to fall. If that continues, as many analysts predict, then used car prices will soon be pulling measured inflation down, as they did for much of the past decade. Powell said.

He believes the same dynamic, where falling prices may pull down the price index includes, durable goods. Chairman Powell explained, “As supply problems have begun to resolve, inflation in durable goods other than autos has now slowed and may be starting to fall. It seems unlikely that durables inflation will continue to contribute importantly over time to overall inflation.”  

 

 

Wage increases, another important driver of consumer price increases, were also addressed. He described them as a welcome development driving an increased standard of living. Later the Fed chairman set expectations by saying, “But if wage increases were to move materially and persistently above the levels of productivity gains and inflation, businesses would likely pass those increases on to customers, a process that could become the sort of “wage–price spiral” seen at times in the past.10 Today we see little evidence of wage increases that might threaten excessive inflation.”  He believes that broad-based measures of wage changes that adjust for the change in the composition of the labor force are better measures. He points to the employment cost index and the Atlanta Wage Growth Tracker as evidence that inflation is more consistent with 2% inflation growth.

 

 

Policymaker’s longer-term inflation expectations remain anchored, according to Powell. He believes, policy should look through temporary swings. He indicated that most measures of inflation are “noisy.” As a result, they focus across many different measures. Powell said, “One approach to summarizing these patterns is the Board staff’s index of common inflation expectations (CIE), which combines information from a broad range of survey and market-based measures. This index captures a general move down in expectations starting around 2014, a time when inflation was running persistently below 2 percent. More recently, the index shows a welcome reversal of that decline and is now at levels more consistent with our 2 percent objective.” As a result, longer-term inflation expectations have moved much less than actual or near-term expectations. Although he said they are keeping a close eye on the gauges, the indication is that they are transitory. 

Powell also noted that, since the 1990s, inflation in many advanced economies had run somewhat below 2 percent even during good times. He attributes this to disinflationary mechanisms such as technology, shipping, demographics, and stronger commitment by central banks to price stability.

 

 

The financial and real estate markets got what they wanted with Powell’s wrap-up on inflation when he said, “To sum up, the baseline outlook is for continued progress toward maximum employment, with inflation returning to levels consistent with our goal of inflation averaging 2 percent over time.” In other words, the economy is growing but not so fast that we will have excessive inflation.

 

Implications for Monetary Policy>

Powell spoke about the history of central banks and that they can not take for granted that when the causes of inflation are transitory, that inflation won’t take on a life of its own beyond the initial impetus. His explanation was public expectations. He said, “The 1970s saw two periods in which there were large increases in energy and food prices, raising headline inflation for a time. But when the direct effects on headline inflation eased, core inflation continued to run persistently higher than before. One likely contributing factor was that the public had come to generally expect higher inflation.” He added that they now monitor expectations, as expectations can be a cause of continued rising prices.

He conceded that central; banks have been prone to calling inflation wrong. If this appears to become the case, he said, “[the]Federal Open Market Committee would certainly respond and use our tools to assure that inflation runs at levels that are consistent with our goal.”

He assured the FOMC was committed to staying in the fight for as long as it takes to support full economic recovery. He believes the changes made last year to the Statement on Longer-Run Goals and Monetary Policy
Strategy
is well suited to address today’s challenges.

On the subject of the pace of asset purchases Powell asserted, “We have said that we would continue our asset purchases at the current pace until we see substantial further progress toward our maximum employment and price stability goals, measured since last December when we first articulated this guidance.”

He believes the Fed’s elevated holding of longer-dated fixed income securities supports an accommodative stance. He is also of the view that they have met the previously spoken about “substantial further progress” test for inflation. He also noted that the progress toward maximum employment has been positive.  Then Powell suggested tapering by saying, “At the FOMC’s recent July meeting, I was of the view, as were most participants, that if the economy evolved broadly as anticipated, it could be appropriate to start reducing the pace of asset purchases this year. The intervening month has brought more progress in the form of a strong employment report for July, but also the further spread of the Delta variant. We will be carefully assessing incoming data and the evolving risks.”   This can be taken to mean that even without further asset purchases, those currently supporting the economy are expected to be sufficient.

Interest Rates

On the subject of interest rates, the Fed Chairman noted that a reduction in asset purchases is not necessarily a change in interest rate policy. “The timing and pace of the coming reduction in asset purchases will not be intended to carry a direct signal regarding the timing of interest rate liftoff, for which we have articulated a different and substantially more stringent test,” Powell said.

Take-Away

This year’s economic policy symposium was held virtually. The title was “Monetary Policy in an Uneven Economy,” the discussion by Federal Reserve Chairman Powell reflected the title quite well. The Fed sees the economy growing, inflation abating, and their objectives being met. With each statement, he made clear that they are closely monitoring the situation since the economy is uneven, and pandemic concerns continue to vary. Powell reaffirmed the central bank’s emerging plan to begin reversing its easy-money policies later this year while explaining in greater detail why he expects a recent surge in inflation to fade over time.

Paul Hoffman

Managing Editor, Channelchek

 

Suggested Reading:



No-Cost Brokers Like Robinhood May be the Big Winners with Rising Rates



What Metals Prices Can Tell Us About the Economy





The Limits of Government Economic Tinkering



The SECs Prioritizing ESG Investment Products May Uncover a Supply Problem

 

Source:

https://www.federalreserve.gov/newsevents/speech/powell20210827a.htm

 

Stay up to date. Follow us:

 

Fed Chairman Addresses Inflation, Tapering, and Employment at Jackson Hole Summit


The High Points of Fed Chairman Powell’s Presentation are Worth Understanding

 

Each August, the main event is always the U.S. Federal Reserve Bank Chairman at the Jackson Hole Economic Policy Symposium. This year it was especially true as events of the past several months have allowed more policy leeway than usual for the Fed to conduct monetary policy. Some of the most impactful policy moves have had a dramatic lifting effect on markets and sectors of the economy. However, these policies that include quantitative easing, near-zero bank lending rates, securities purchases, and yield-curve control are seen by many as unsustainable and worth unwinding before the “medicine” harms the “patient.”

The challenge the Fed always faces after they have been using their arsenal to attack a faltering economy is withdrawing from the fight in measured steps and at a pace that is neither too late and ignites another problem, nor too soon allowing problems to resurface.

Federal Reserve Chairman Jay Powell was again the main event at the Jackson Hole Summit titled, “Macroeconomic Policy in an Uneven Economy.” The market has been waiting for weeks to measure his words to determine what the Fed’s actions may be, and then, how it impacts their portfolio, or what shift in strategy they may wish to make.

A briefing of the Fed Chairman’s comments at this event on Friday, August 27th is below.

 

Opening Remarks

The chairman discussed in his opening remarks how an aggressive policy has allowed for a vigorous economic recovery. He pointed out the economy during the downturn was atypical; personal income rose, spending shifted from service sectors to manufacturing, and the demand for goods has lead to bottlenecks and shortages.

On the subject of prices, Powell’s opening remarks included,”…the result has been elevated inflation in durable goods—a sector that has experienced an annual inflation rate well below zero over the past quarter-century.”  He sees labor markets improving but says the unknowns of the pandemic’s path create turbulence and risks to the improvement.

 

The Recession and Recovery

Powell pointed out the decline in output in the second quarter of 2020 was twice the full decline during the Great Recession of 2007–09. He reminded that the pace of output has not passed previous highs but exceeded the Fed’s expectations. He mentioned recovery in employment has lagged output but is also running above what was expected.

Data was given during the presentation to demonstrate the unevenness of the recovery and sector spending shifts to goods, “particularly durable goods such as appliances, furniture, and cars—and away from services, particularly in-person services in areas such as travel and leisure.” Powell reminded.

 

 

Providing more detail, Powell said, “As the pandemic struck, restaurant meals fell 45 percent, air travel 95 percent, and dentist visits 65 percent.” He pointed out that even today, with overall gross domestic product and consumption spending more than fully recovered, spending in the service sector remains about 7 percent below the expected level.  He continued, “Total employment is now 6 million below its February 2020 level, and 5 million of that shortfall is in the still-depressed service sector.”  Powell contrasted that with spending on durable goods, which he says is still running about 20% above pre-pandemic levels.

The inflation component he pointed shows demand outstripping pandemic-reduced supply, and rising durables prices that are a big factor in why inflation is running ahead of its 2% target.

The Path Ahead: Maximum Employment

The labor market was described as “brightening considerably.”  And, “The pace of total hiring is faster than at any time in the recorded data before the pandemic.” He then added that “openings and quits” are also at record highs and that employers are reporting they “cannot fill jobs fast enough to meet returning demand.”

Powell expects these conditions for job seekers should help the economy cover the remaining ground to reach maximum employment. He said that although unemployment is at a post-pandemic low, he considers it too high. Part of what he sees as the problem is that “Long-term unemployment remains elevated, and the recovery in labor force participation has lagged well behind the rest of the labor market, as it has in past recoveries.”

 

 

“With vaccinations rising, schools reopening, and enhanced unemployment benefits ending, some factors that may be holding back job seekers are likely fading. While the Delta variant presents a near-term risk, the prospects are good for continued progress toward maximum employment,” Powell said.

The Path Ahead: Inflation

Speaking specifically on the subject of inflation, the Fed chairman addressed different perspectives, including the absence of broad-based pressures, higher-inflation items, wages, long-term expectations, broke it down into five segments, broad-based and global forces.

The spike in inflation, he believes, is not broad-based. Instead, he described it as being “largely the product of a relatively narrow group of goods and services that have been directly affected by the pandemic and the reopening of the economy.” He said that durable goods contributed 1% to the most recent YOY measure — energy prices, another 0.8 percentage point to headline inflation. He pointed to history to explain why the Fed believes the increases are transitory.

We would be more concerned if inflationary pressures were spreading more broadly through the economy; this was the overall point he made.

 

 

Items that we saw experience higher inflation, he said are moderating. “Used car prices, for example, appear to have stabilized; indeed, some price indicators are beginning to fall. If that continues, as many analysts predict, then used car prices will soon be pulling measured inflation down, as they did for much of the past decade. Powell said.

He believes the same dynamic, where falling prices may pull down the price index includes, durable goods. Chairman Powell explained, “As supply problems have begun to resolve, inflation in durable goods other than autos has now slowed and may be starting to fall. It seems unlikely that durables inflation will continue to contribute importantly over time to overall inflation.”  

 

 

Wage increases, another important driver of consumer price increases, were also addressed. He described them as a welcome development driving an increased standard of living. Later the Fed chairman set expectations by saying, “But if wage increases were to move materially and persistently above the levels of productivity gains and inflation, businesses would likely pass those increases on to customers, a process that could become the sort of “wage–price spiral” seen at times in the past.10 Today we see little evidence of wage increases that might threaten excessive inflation.”  He believes that broad-based measures of wage changes that adjust for the change in the composition of the labor force are better measures. He points to the employment cost index and the Atlanta Wage Growth Tracker as evidence that inflation is more consistent with 2% inflation growth.

 

 

Policymaker’s longer-term inflation expectations remain anchored, according to Powell. He believes, policy should look through temporary swings. He indicated that most measures of inflation are “noisy.” As a result, they focus across many different measures. Powell said, “One approach to summarizing these patterns is the Board staff’s index of common inflation expectations (CIE), which combines information from a broad range of survey and market-based measures. This index captures a general move down in expectations starting around 2014, a time when inflation was running persistently below 2 percent. More recently, the index shows a welcome reversal of that decline and is now at levels more consistent with our 2 percent objective.” As a result, longer-term inflation expectations have moved much less than actual or near-term expectations. Although he said they are keeping a close eye on the gauges, the indication is that they are transitory. 

Powell also noted that, since the 1990s, inflation in many advanced economies had run somewhat below 2 percent even during good times. He attributes this to disinflationary mechanisms such as technology, shipping, demographics, and stronger commitment by central banks to price stability.

 

 

The financial and real estate markets got what they wanted with Powell’s wrap-up on inflation when he said, “To sum up, the baseline outlook is for continued progress toward maximum employment, with inflation returning to levels consistent with our goal of inflation averaging 2 percent over time.” In other words, the economy is growing but not so fast that we will have excessive inflation.

 

Implications for Monetary Policy>

Powell spoke about the history of central banks and that they can not take for granted that when the causes of inflation are transitory, that inflation won’t take on a life of its own beyond the initial impetus. His explanation was public expectations. He said, “The 1970s saw two periods in which there were large increases in energy and food prices, raising headline inflation for a time. But when the direct effects on headline inflation eased, core inflation continued to run persistently higher than before. One likely contributing factor was that the public had come to generally expect higher inflation.” He added that they now monitor expectations, as expectations can be a cause of continued rising prices.

He conceded that central; banks have been prone to calling inflation wrong. If this appears to become the case, he said, “[the]Federal Open Market Committee would certainly respond and use our tools to assure that inflation runs at levels that are consistent with our goal.”

He assured the FOMC was committed to staying in the fight for as long as it takes to support full economic recovery. He believes the changes made last year to the Statement on Longer-Run Goals and Monetary Policy
Strategy
is well suited to address today’s challenges.

On the subject of the pace of asset purchases Powell asserted, “We have said that we would continue our asset purchases at the current pace until we see substantial further progress toward our maximum employment and price stability goals, measured since last December when we first articulated this guidance.”

He believes the Fed’s elevated holding of longer-dated fixed income securities supports an accommodative stance. He is also of the view that they have met the previously spoken about “substantial further progress” test for inflation. He also noted that the progress toward maximum employment has been positive.  Then Powell suggested tapering by saying, “At the FOMC’s recent July meeting, I was of the view, as were most participants, that if the economy evolved broadly as anticipated, it could be appropriate to start reducing the pace of asset purchases this year. The intervening month has brought more progress in the form of a strong employment report for July, but also the further spread of the Delta variant. We will be carefully assessing incoming data and the evolving risks.”   This can be taken to mean that even without further asset purchases, those currently supporting the economy are expected to be sufficient.

Interest Rates

On the subject of interest rates, the Fed Chairman noted that a reduction in asset purchases is not necessarily a change in interest rate policy. “The timing and pace of the coming reduction in asset purchases will not be intended to carry a direct signal regarding the timing of interest rate liftoff, for which we have articulated a different and substantially more stringent test,” Powell said.

Take-Away

This year’s economic policy symposium was held virtually. The title was “Monetary Policy in an Uneven Economy,” the discussion by Federal Reserve Chairman Powell reflected the title quite well. The Fed sees the economy growing, inflation abating, and their objectives being met. With each statement, he made clear that they are closely monitoring the situation since the economy is uneven, and pandemic concerns continue to vary. Powell reaffirmed the central bank’s emerging plan to begin reversing its easy-money policies later this year while explaining in greater detail why he expects a recent surge in inflation to fade over time.

Paul Hoffman

Managing Editor, Channelchek

 

Suggested Reading:



No-Cost Brokers Like Robinhood May be the Big Winners with Rising Rates



What Metals Prices Can Tell Us About the Economy





The Limits of Government Economic Tinkering



The SECs Prioritizing ESG Investment Products May Uncover a Supply Problem

 

Source:

https://www.federalreserve.gov/newsevents/speech/powell20210827a.htm

 

Stay up to date. Follow us:

 

Would a 25 Percent Tax on Marijuana Encourage Illegal Dealing?



What’s in the Senate’s Marijuana Tax Proposal

 

Is a nationwide excise tax of 25% on marijuana the right number? The 163-page “discussion draft” presented in the Senate suggests that it is. Is that in line with other prescription and over-the-counter pharmaceuticals? Is it in line with other “vice” products like alcohol, cigarettes, and coffee? Would a 25% tax push marijuana sales back in the shadows of fast-food parking lots and street corners? We look at what’s between 163 pages and explore these questions below.

 

Benefits

The draft bill of Senate Majority Leader Chuck Schumer’s federal marijuana reform legislation would set a nationwide cannabis excise tax initially at 10%, it then rises to 25% in five years. In exchange, The Cannabis Administration and Opportunity Act would unchain marijuana from federal roadblocks and hurdles by removing marijuana from the federal Controlled Substance Act. This does not include any state tax levies.

The top benefits of the proposal are that it would allow the industry to participate in the banking process similar to other industries and also allow cannabis businesses to deduct expenses provided to other legal industries (eliminate IRS compliance with Section 280E).

Comparisons

Other pharmaceuticals, including pain relievers that are sold over the counter, are taxed on a state level, and many states make them exempt. Coffee is taxed if prepared and served in most states but falls under the food category of taxation if bought at a grocer. Most groceries are not taxed directly from the consumer by the state or federal government. The federal excise tax on cigarettes and other tobacco products is just over $1.00 per pack. Large cigars are taxed at 52.75 percent of the manufacturer’s sales price, with a maximum tax of 40.26 cents per cigar. Federal tax rates on alcohol are progressive; for distilled spirits, the government charges $2.70 per proof gallon on the first 100,000 proof gallons in production. Then, a tax rate of $13.34 per proof gallon for the next 22,130,000 proof gallons in production. This increases to $13.50 per proof gallon for production in excess of 22,230,000 proof gallons. Although some see marijuana and alcohol in the same light, current-day medical doctors don’t prescribe distilled spirits for any malady.

For marijuana, beginning in year five, the tax would be levied on a per-ounce rate for cannabis flower or a per-milligram of THC rate for extracts. The rate would be determined by the U.S. Secretary of the Treasury to be equivalent to 25% of the revenue received from cannabis sold in the U.S. in the prior year. Producers with more than $20 million in sales would be eligible for a tax credit on their first $20 million of cannabis sold annually. Sales above that amount would be subject to the full excise tax. Mathematically, some growers might prefer their crop to remain federally illegal with full 280e restrictions on deductions.

If conditions of the draft bill are enacted, regulatory responsibility of marijuana would be transferred from the U.S. Drug Enforcement Agency (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB), and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF). 

The draft Bill is 163 pages of legalese. It represents the thinking of the party in control (drafted by Senator Schumer, NY and Senator Booker, CA) it should be understood and awaits comments from stakeholders. Below is a synopsis.

Cannabis Draft Bill Summary

  • Decriminalization of Cannabis, Recognition State laws Have Control
    • This section removes cannabis from the Controlled Substances Act.
    • It transfers agency jurisdiction from the DEA to the TTB, and ATF. This jurisdiction would follow the same agency responsibilities established for alcohol and tobacco
    • Recognition that state laws control the possession, production, and distribution of marijuana. It retains criminal penalties in the case of unlawful possession, production, distribution, or purchase of cannabis
    • The bill authorizes the establishment of regulations to track and trace the manufacture and transport of cannabis products
    • Authorization to the Secretary of Health and Human Services to continue to include cannabis for drug testing of Federal employees
  • Research, Prevention, and Training
    • Directs the Comptroller General to conduct an evaluation for Congress on the societal impact of legalization by states. It is specifically related to the adult-use of cannabis-related to -related deaths and violent crime
    • Directs the Dept. of Health and Human Services to research the effects of cannabis on health conditions
    • The Department of Transportation would be directed to supply statistics on cannabis-impaired driving to foster the creation of an impairment standard for driving under the influence
  • Allows the Administrator to provide guarantees for loans to eligible cannabis small businesses or service providers.
  • Restorative Justice and Opportunity Initiatives
    • Requires expungement of federal non-violent marijuana convictions and resentencing within one year of enactment and encourages states to follow suit.
  • Taxation of Cannabis and Establishment of Trust Fund
    • Requires a federal permit to sell cannabis products wholesale.
    • Imposes an excise tax on cannabis products, similar to tobacco. The draft suggests 10% for the year of enactment, to be increased annually by 5% each year for 5 years. After 5 years, the tax would be levied on a per-ounce rate.
  • Public Health, Cannabis Administration, and Trade Practices
    • Creates a legal pathway for CBD in dietary supplements and outlines the FDA’s ability to regulate cannabis distribution based on administration standards similar to current regulations for drugs and devices.

The draft is requesting comments on issues such as the necessary funding levels and resources for agencies to implement the bill, consideration of transition rules and effective dates, interactions with state and local laws and international obligations and treaties, and additional opportunities to expand restorative justice.

Take-Away

Changes are afoot in the federal government concerning cannabis. Investors will find that altered regulation and acceptance impact the bottom line of the companies they are invested in. Not missing a new legislative proposal or enactment means watching the feds activity from various sources. Register free for Channelchek to receive our insight daily in your inbox.

 

Paul Hoffman

Managing Editor, Channelchek

 

Suggested Reading:



The Cannabis Administration and Opportunity Act Would Open Doors



Marijuana and Sports, Where Officials Stand





Clarence Thomas Statement on “Half in / Half out” Marijuana Laws



Will Federal Law Surrounding Marijuana be Changed?

 

Sources:

https://www.democrats.senate.gov/imo/media/doc/Cannabis%20Administration%20and%20Opportunity%20Act.pdf

https://www.democrats.senate.gov/newsroom/press-releases/majority-leader-schumer-senate-finance-committee-chair-wyden-and-senator-booker-release-discussion-draft-of-cannabis-administration-and-opportunity-act-legislation-to-end-the-federal-cannabis-prohibition-and-unfair-targeting-of-communities-of-color

https://www.forbes.com/sites/kellyphillipserb/2016/09/29/12-quirky-facts-about-coffee-tax-on-national-coffee-day/?sh=63af49d45b91

https://center-forward.org/explaining-alcohol-excise-taxes/

https://www.cbo.gov/budget-options/56869
https://www.cdc.gov/statesystem/factsheets/excisetax/ExciseTax.html
https://www.pwc.com/gx/en/pharma-life-sciences/pdf/ph2020_tax_times_final.pdf

https://www.taxpolicycenter.org/briefing-book/what-are-major-federal-excise-taxes-and-how-much-money-do-they-raise

 

Stay up to date. Follow us:

 

Would a 25% Tax on Marijuana Encourage Illegal Dealing?



What’s in the Senate’s Marijuana Tax Proposal

 

Is a nationwide excise tax of 25% on marijuana the right number? The 163-page “discussion draft” presented in the Senate suggests that it is. Is that in line with other prescription and over-the-counter pharmaceuticals? Is it in line with other “vice” products like alcohol, cigarettes, and coffee? Would a 25% tax push marijuana sales back in the shadows of fast-food parking lots and street corners? We look at what’s between 163 pages and explore these questions below.

 

Benefits

The draft bill of Senate Majority Leader Chuck Schumer’s federal marijuana reform legislation would set a nationwide cannabis excise tax initially at 10%, it then rises to 25% in five years. In exchange, The Cannabis Administration and Opportunity Act would unchain marijuana from federal roadblocks and hurdles by removing marijuana from the federal Controlled Substance Act. This does not include any state tax levies.

The top benefits of the proposal are that it would allow the industry to participate in the banking process similar to other industries and also allow cannabis businesses to deduct expenses provided to other legal industries (eliminate IRS compliance with Section 280E).

Comparisons

Other pharmaceuticals, including pain relievers that are sold over the counter, are taxed on a state level, and many states make them exempt. Coffee is taxed if prepared and served in most states but falls under the food category of taxation if bought at a grocer. Most groceries are not taxed directly from the consumer by the state or federal government. The federal excise tax on cigarettes and other tobacco products is just over $1.00 per pack. Large cigars are taxed at 52.75 percent of the manufacturer’s sales price, with a maximum tax of 40.26 cents per cigar. Federal tax rates on alcohol are progressive; for distilled spirits, the government charges $2.70 per proof gallon on the first 100,000 proof gallons in production. Then, a tax rate of $13.34 per proof gallon for the next 22,130,000 proof gallons in production. This increases to $13.50 per proof gallon for production in excess of 22,230,000 proof gallons. Although some see marijuana and alcohol in the same light, current-day medical doctors don’t prescribe distilled spirits for any malady.

For marijuana, beginning in year five, the tax would be levied on a per-ounce rate for cannabis flower or a per-milligram of THC rate for extracts. The rate would be determined by the U.S. Secretary of the Treasury to be equivalent to 25% of the revenue received from cannabis sold in the U.S. in the prior year. Producers with more than $20 million in sales would be eligible for a tax credit on their first $20 million of cannabis sold annually. Sales above that amount would be subject to the full excise tax. Mathematically, some growers might prefer their crop to remain federally illegal with full 280e restrictions on deductions.

If conditions of the draft bill are enacted, regulatory responsibility of marijuana would be transferred from the U.S. Drug Enforcement Agency (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB), and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF). 

The draft Bill is 163 pages of legalese. It represents the thinking of the party in control (drafted by Senator Schumer, NY and Senator Booker, CA) it should be understood and awaits comments from stakeholders. Below is a synopsis.

Cannabis Draft Bill Summary

  • Decriminalization of Cannabis, Recognition State laws Have Control
    • This section removes cannabis from the Controlled Substances Act.
    • It transfers agency jurisdiction from the DEA to the TTB, and ATF. This jurisdiction would follow the same agency responsibilities established for alcohol and tobacco
    • Recognition that state laws control the possession, production, and distribution of marijuana. It retains criminal penalties in the case of unlawful possession, production, distribution, or purchase of cannabis
    • The bill authorizes the establishment of regulations to track and trace the manufacture and transport of cannabis products
    • Authorization to the Secretary of Health and Human Services to continue to include cannabis for drug testing of Federal employees
  • Research, Prevention, and Training
    • Directs the Comptroller General to conduct an evaluation for Congress on the societal impact of legalization by states. It is specifically related to the adult-use of cannabis-related to -related deaths and violent crime
    • Directs the Dept. of Health and Human Services to research the effects of cannabis on health conditions
    • The Department of Transportation would be directed to supply statistics on cannabis-impaired driving to foster the creation of an impairment standard for driving under the influence
  • Allows the Administrator to provide guarantees for loans to eligible cannabis small businesses or service providers.
  • Restorative Justice and Opportunity Initiatives
    • Requires expungement of federal non-violent marijuana convictions and resentencing within one year of enactment and encourages states to follow suit.
  • Taxation of Cannabis and Establishment of Trust Fund
    • Requires a federal permit to sell cannabis products wholesale.
    • Imposes an excise tax on cannabis products, similar to tobacco. The draft suggests 10% for the year of enactment, to be increased annually by 5% each year for 5 years. After 5 years, the tax would be levied on a per-ounce rate.
  • Public Health, Cannabis Administration, and Trade Practices
    • Creates a legal pathway for CBD in dietary supplements and outlines the FDA’s ability to regulate cannabis distribution based on administration standards similar to current regulations for drugs and devices.

The draft is requesting comments on issues such as the necessary funding levels and resources for agencies to implement the bill, consideration of transition rules and effective dates, interactions with state and local laws and international obligations and treaties, and additional opportunities to expand restorative justice.

Take-Away

Changes are afoot in the federal government concerning cannabis. Investors will find that altered regulation and acceptance impact the bottom line of the companies they are invested in. Not missing a new legislative proposal or enactment means watching the feds activity from various sources. Register free for Channelchek to receive our insight daily in your inbox.

 

Paul Hoffman

Managing Editor, Channelchek

 

Suggested Reading:



The Cannabis Administration and Opportunity Act Would Open Doors



Marijuana and Sports, Where Officials Stand





Clarence Thomas Statement on “Half in / Half out” Marijuana Laws



Will Federal Law Surrounding Marijuana be Changed?

 

Sources:

https://www.democrats.senate.gov/imo/media/doc/Cannabis%20Administration%20and%20Opportunity%20Act.pdf

https://www.democrats.senate.gov/newsroom/press-releases/majority-leader-schumer-senate-finance-committee-chair-wyden-and-senator-booker-release-discussion-draft-of-cannabis-administration-and-opportunity-act-legislation-to-end-the-federal-cannabis-prohibition-and-unfair-targeting-of-communities-of-color

https://www.forbes.com/sites/kellyphillipserb/2016/09/29/12-quirky-facts-about-coffee-tax-on-national-coffee-day/?sh=63af49d45b91

https://center-forward.org/explaining-alcohol-excise-taxes/

https://www.cbo.gov/budget-options/56869
https://www.cdc.gov/statesystem/factsheets/excisetax/ExciseTax.html
https://www.pwc.com/gx/en/pharma-life-sciences/pdf/ph2020_tax_times_final.pdf

https://www.taxpolicycenter.org/briefing-book/what-are-major-federal-excise-taxes-and-how-much-money-do-they-raise

 

Stay up to date. Follow us:

 

Stealth Digital Asset Bill Surprises Crypto Market



What’s in the Surprise Cryptocurrency Bill

 

A Bill regulating digital assets was introduced in the House last Thursday (July 29). It would become a comprehensive law that provides for rules and oversight on everything from stablecoins, to regulators of decentralized finance (DeFi), the validity of exchanges, and other related topics.

This bill surprised most involved in digital markets as it was submitted by Rep. Don Beyer’s (D-Va.) who is not known for any involvement in crypto-currencies or digital assets.  Yet the representative from Virginia presented the 58-page “Digital Asset Market Structure and Investor Protection Act,” as the all-inclusive set of rules and laws that would create the regulatory framework for digital assets. In its current form, it defines which type of cryptocurrencies may be securities, which type fall under commodities rules, and builds on tax data systems for reporting.

The bill also hands power to the Treasury Secretary to veto the creation of stablecoins, it directs regulators to define rules to govern decentralized finance (DeFi) and for agencies to determine whether they should create a charter for crypto exchanges.

 

All-Inclusive

The industry and those that make digital asset transactions would be best served if they know what the rules are (or will be) and that they won’t dramatically change. This bill, if it moves forward, would allow for clarity in ways that make it easier to know what the playing field looks like. The bill covers many areas of the industry, was put together by people who understand both the tech side and the market implications and is specifically about digital assets.

Last week other legislative actions were also taken that involved cryptocurrencies, but they were mixed in with other bills and debates. For example, the infrastructure bill last week included language concerning cryptos. It’s too soon to know whether the new bill has support among Rep. Beyer’s colleagues. Beyer is the chairman of Congress’s Joint Economic Committee and a member of the tax policy-making House Ways and Means Committee.

 

Central Bank
Digital Currency Authorization

There is language that would authorize the Federal Reserve, to create a CBDC. Recently, the Fed, which is expected to release a position paper in the coming weeks, said it wasn’t sure it had the authority to do so under its current mandate.

Infrastructure
Bill

Last week in the Senate, a bipartisan infrastructure bill included a provision that seeks to raise $28 billion in part by enforcing a broader set of information reporting requirements for crypto users than the U.S. currently has. This provision would require cryptocurrency brokers and investors to disclose their transactions to the Internal Revenue Service.

This is just a small part of funding the infrastructure bill that recognizes that the $2 trillion crypto market could be embraced and taxed.

 

Securities vs. Commodities

Under the current version of the bill, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) would have to more specifically define what aspects of the cryptocurrency market fall under which jurisdiction.

As far as the SEC is concerned, any “digital asset securities” that provide for equity could come under its oversight. As written, if the owner has a right to equity, profits, interest, dividend payments, or voting rights, the token would fall under the bill’s definition of a digital asset security. This would also hold true for an initial coin offering (ICO), tokens issued to finance the development of a product or platform have an equity component.

There is another provision that is important to this fledgling market and industry. This concerns “desecuritization.” The bill creates a path for a token that is treated as a digital asset security to become a cryptocurrency that will not be treated as a security. This answers SEC Commissioner Hester Peirce’s desire to create a safe harbor for crypto projects while in their infancy.

 

 

 

Cryptocurrencies that don’t fall under the SEC’s jurisdiction would fall under the CFTC’s.  The bill asks these two regulators to publish proposed rulemaking to classify the 25 most-traded cryptocurrencies and the 25 cryptocurrencies with the highest aggregate as either securities or commodities.

Stablecoin
Issuance

The bill exhaustively defines how the U.S. should look at stablecoins. These are digital assets that trade essentially one-for-one with dollars or other government-issued currency.  If passed, this would seem to allow for a CBDC. The stablecoin provision may create hurdles for issuers as it seems to render many illegal. The Treasury Department would have oversight and veto power over the creation and usage of all stablecoins in the U.S. under its terms.

“Beginning on the
date of the enactment of this section, no person may issue, use, or permit to
be used a digital asset fiat-based stablecoin that is not approved by the
Secretary of the Treasury under subsection,”
– Digital Asset Securities Law Bill

This appears to give the Treasury Department the ability to restrict trading of any non-government stablecoins. An issuer would need to apply; then, the Treasury would consult with the Fed, the SEC, CFTC, and possibly foreign central banks or financial regulators before deciding whether to approve the proposal. The bill also explicitly prohibits the Treasury from grandfathering any existing stablecoins.

 

Anonymity

The bill also requires the Financial Crimes Enforcement Network (FinCEN) to draft regulations concerning anonymity-enhancing services as it relates to cryptocurrencies.

“The purpose of the rule … shall be to ensure that anonymizing services, money mule and anonymity-enhanced convertible virtual currencies are not used to prevent association of an individual customer with the movement of a digital asset, digital asset security or virtual currency of which the customer is the direct or beneficial owner,” – Digital Asset Securities Law Bill

This prohibits crypto exchanges or others from letting customers use mixers or similar services.

DeFi

While the bill does not explicitly define regulations concerning DeFi, custody, wash trading, or trading platforms, it does direct federal agencies to evaluate and publish reports on regulation recommendations.

 

Take-Away

All digital assets are getting much more attention in Washington.  Protecting consumers and finding new sources of revenue to fund projects along with better surveillance seems to be driving this attention. The Chairman of the Joint Economic Committee put forward a comprehensive bill that could answer and clarify questions the market has been asking and tie the hands and reduce the attractiveness of digital assets.

Keep up with blockchain news by registering to receive emails from Channelchek. We follow events concerning blockchain technologies and many other industries that are important to investors.

 

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Sources:

https://beyer.house.gov/uploadedfiles/beyer_028_xml.pdf

https://beyer.house.gov/news/documentsingle.aspx?DocumentID=5307

https://www.nytimes.com/2021/07/30/us/politics/infrastructure-deal-cryptocurrency.html

 

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Publicly Traded Chinese Companies Duty to Shareholders


Image Credit: rose_symotiuk (flickr)


Disclosures by Chinese Corps. Trading on U.S. Exchanges Have a Defined Duty to Shareholders

 

Commissioner Allison Lee of the Securities and Exchange Commission (SEC) is requiring that Chinese companies listed on U.S. stock exchanges disclose any known risks related to the Chinese government interfering in their business. This adds an extra level of responsibility toward investors from corporations domiciled in China. Any disclosures are to be included as part of their regular reporting.

Impact

Regular annual and quarterly filings by all public companies contain discussions of the firm’s liquidity, capital resources, results of operations, any favorable or unfavorable trends in the industry, and any significant events or uncertainties. This could include lawsuits, political risks, and other potential shocks.  For companies headquartered in China and listed on a U.S. exchange, they will need to specifically address known risks that are present due to the Chinese government.

There are at least 248 Chinese companies listed on three major U.S. exchanges with a total market capitalization of $2.1 trillion, according to the U.S.-China Economic and Security Review Commission (USCC). There are also eight national-level Chinese state-owned enterprises listed in the U.S. To the extent that any of the companies have reportable circumstances, it may place them in the difficult situation of being required to highlight activities related to the Chinese government and their specific business. If not complied with, they could face penalties from the SEC, including delisting.

Why the Requirement

There are five SEC commissioners, Commissioner Lee’s remarks are the first by an SEC official since Chinese regulators enacted a massive cyber-investigation of ride-hailing company Didi Global last week. The actions by the Chinese government came a few days after its $4.4bn NYSE listing. The “meddling” is suspected of erasing 25 percent of investor value. There is concern among policymakers that Chinese corporations are violating the current SEC rules that require public companies to disclose to investors material risks that may impact their businesses. This order spells out that government meddling must be included.

The Wall Street Journal reported that Didi was warned by regulators to delay its initial public offering and address its cybersecurity. Didi has said it had no idea about the investigation before listing. The SEC does not disclose active investigations.

 

 

Additional Information

During the past decade, Washington policymakers have focused on having US-listed Chinese companies comply with U.S. Public Company Accounting Oversight Board regulations. Last year, Congress passed a law that would delist Chinese companies from U.S. exchanges if they did not comply with U.S. auditing standards. The SEC has been asked by lawmakers to devote more resources to these risks. “U.S. regulators must ensure that American investors and workers are protected from the anti-market behavior that is scarring American investors,” said Senator Bill Haggerty, Senate Banking Committee, in a statement to Reuters.

High-quality, reliable disclosure, including financial reporting, is the core mission of the SEC. It’s tasked with protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation. Although China-based Issuers that access the U.S. public capital markets generally have the same disclosure obligations and legal responsibilities as other non-U.S. issuers, the Commission’s ability to promote and enforce high-quality disclosure standards for China-based Issuers may be materially limited. This leaves the door open to greater risk that their disclosures may be incomplete or misleading. In addition, in the event of investor harm, investors generally will have substantially less access to recourse in comparison to U.S. domestic companies and foreign issuers in other jurisdictions.

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Sources:

https://www.sec.gov/corpfin/disclosure-considerations-china-based-issuers

https://www.cnbc.com/2021/07/07/china-is-cracking-down-on-stocks-that-trade-on-us-exchanges-what-it-means-if-you-hold-them.html

https://www.uscc.gov/

https://businesshala.com/u-s-listed-chinese-companies-must-disclose-government-interference-risks-sec-official/

 

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Criteria for Esports Olympic Play



Do the Olympics Need Esports or Do Esports Need the Olympics?

 

Prior to the Olympic traditional games in Tokyo, they held The Olympics Virtual Series. This pre-game competition before the main events had participants pitted against each other in events that had similar looks to traditional Olympic events. This included sailing (Virtual Regatta Inshore), Cycling
(
Zwift), and intentionally excluded any games that involved killing opponents. This debuted the Esports Series and marked the first time video games have been part of this every four year summer event. Does this mean sports that fall under esports will be included in the Olympics in the future, does it mean they are now formally considered sports, will there also be winter esports?

These are questions that can be polarizing. After all, they defy us to define what “sport” is. It also causes many to wrestle with embracing the past or embracing change. People on all sides of the debate also need to understand the established guidelines to be invited into the Olympics?

Basic
Olympic Criteria

The first criterion for any sport to be considered is they need to have an international federation that is accepted by the International Olympic Committee (IOC). Esports has been represented by an appropriate federation for more than 10 years. The International eSports Federation administers esports competitions allowing ranking and other data for Olympic evaluation. So esports is not disqualified on that measure. 

Another necessary criterion is that a sport must have one of the following:  Men (males) competing in 75 different countries across four continents and/or women practicing in 40 countries on three continents. This hurdle has been cleared for years in esports with men/women in 150 countries on six continents participating.

The last must-have to be an Olympic hopeful activity is it must be recognized
as a sport
. Identifying it as a sport can get tricky. It’s okay if players identify as athletes, and the games identify as sports, but do they meet the standard definition?  A sport is defined as a physical activity that requires skills or physical prowess and is often of a competitive nature.

Skill and competitiveness are attributes that can not be denied in the esports arena. The physicality is where the debate begins.

Here are two conflicting “expert” opinions:

A study from the International Journal of Excercise Science shows that esports players do experience increased heart rates similar to people playing physical sports.

A study from ScienceDirect opposes the sport view, concluding that while players do exert themselves while playing games, it is not enough to qualify as a sport.

Ultimately, the IOC would be left to decide whether or not esports could legitimately share the stage with events like curling, live pigeon shooting, or older Olympic events such as hot air ballooning and duelling pistols.

It probably just comes down to making a call on it. The decision, as with most when the financial stakes are high, may rely on criteria not listed.

Who Needs the Other Most?

While debates about what is a legitimate sport, worthy of the Olympic brand sanction, rage. Outside of amateur sports, the games have experienced major financial success. According to a report from Reuters, the esports industry is expected to exceed one billion dollars in revenue in 2021. This would be a 14% increase from last year.

The viewership of esports alone may cause the IOC to heavily consider adding it to the roster of sports. During the 2016 Olympics, NBC had about 27 million viewers watching the games. That same year the 2016 League of Legends World Championships had around 43 million viewers. That was before they became popular.

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Sources:

https://www.sciencedirect.com/science/article/abs/pii/S1441352317300700

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7523899/

https://www.reuters.com/article/esports-business-esports-growth/newzoo-esports-industry-revenue-expected-to-surpass-1b-in-2021-idUSFLM4K2cJ7

https://olympics.com/ioc/faq/sports-programme-and-results/how-can-a-sport-be-included-in-the-olympic-games-programme

 

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QuickChek – July 20, 2021



When Was the Shortest Recession in Your Lifetime?

The announcement Monday from the National Bureau of Economic Research declares April as the official start of the recovery



Comtech Telecommunications Corp. Awarded $7.1 Million Emergency Alerts Contract to Enhance Nationwide Public Safety

Comtech Telecommunications announced that, during its fourth quarter of fiscal 2021, it has been awarded a $7.1 million multi-year contract

Research, News & Market Data on Comtech

Watch recent presentation from Comtech



Esports Entertainment Group Provides an Update on Crypto Mining Application for LAN Centers

Esports Entertainment Group announced an update on the rollout of ggCircuit’s crypto mining application for LAN centers

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Indonesia Energy Discovers Oil in the First New Well at Kruh Block

Indonesia Energy announced that it has discovered oil in its “Kruh 25” well and the drilling rig has now moved to the second well location

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enCore Energy Provides South Texas Uranium Operations Update

enCore Energy announced an update on its South Texas Uranium Operations

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OpRegen® Clinical Data Continues to Demonstrate Functional and Anatomical Improvements in Patients With Dry AMD With Geographic Atrophy

Lineage Cell Therapeutics announced updated interim results from its ongoing, 24-patient Phase 1/2a clinical study of its lead product candidate, OpRegen

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Endeavour Silver Signs Agreement To Acquire Bruner Gold Project In Nye County, Nevada

Endeavour Silver announced it has entered into a definitive agreement with Canamex Gold Corp. to acquire a 100% interest in Canamex’ Bruner Property

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Capstone Green Energy CEO, Darren Jamison, To Participate In Water Tower Research Fireside Chat Series

Capstone Green Energy announced it will be participating in the Water Tower Research Virtual Fireside Chat Series on Thursday, July 22, 2021

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Is Biden Tightening the Reigns on Large Companies?



An Executive Order to Strengthen Oversight of Large Companies, May be an Opening for Smaller Players

 

The Biden administration is said to be putting the final touches on an executive order to direct agencies to strengthen oversight of industries that are dominated by a few large companies. This would be a wide-ranging attempt to rein in big business power across affected sectors of the economy. The move could allow smaller innovative companies to be less overshadowed, while throwing a little cold water on the ever-growing giants in their sectors.

The executive order, which President Biden could sign as soon as this week, would direct oversight from regulators of a long list of industries. This could force regulators of pharmaceutical, transportation, energy, utilities, banking and other industries, to revisit their rule-making process. The goal would be to inject more competition and to give consumers, workers, and suppliers more ability to challenge large producers or providers.

 

Shining a Light on Potential

The order would come less than two weeks after the Russell Index
rebalancing
demonstrated just how large, in terms of capitalization, many companies have become. Assuming that all companies go through a growth phase that begins near zero, the disparity between large, the comparatively small, and those that are smaller is widening. This executive order may bring what some would consider an equitable solution to the competition gap.

 

How This Could Impact Investors

The Securities and Exchange Commission (SEC) regulates all things related to publicly traded U.S. companies. The name Citadel Securities became a household name among investors earlier this year as online brokers banned some WallStreetBets driven “Buy” and even “Sell” orders. The reasons for the unusual restrictions on trading may include protecting large securities firms like Citadel where 47% or retail volume is transacted, or Citadel’s large trading partners. Under the President’s order the SEC may have the power to address big versus smaller firm issues like this more quickly. This is one way retail investors may find more trust in their ability to trade on an even footing with their small accounts through a small or mid-size broker.

Performance of companies categorized as small-cap are exceeding large-cap stock performance year-to-date 2021. Over a longer period, they are still lagging their historic outperformance. As many expect a return to a stable and growing economy will help the return of the long-term relative average performance of small and microcap stocks; orders such as this could dampen large companies enough to moderate their growth and provide light for deserving companies that are less well capitalized. The intentional government support, even if only regulatory, if enacted could allow regulatory approvals for projects, money for research, grants for studies, and an overall experience of more clearance for smaller company projects and products.

Investors considering that the potential is higher for smaller companies, will want to pay attention to the exact wording, and how successful any challenges to its legality may be.

 

Paul Hoffman

Managing Editor, Channelchek

 

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https://tokenist.com/citadels-1-billion-silver-bet-a-trap-for-wallstreetbets/

https://nypost.com/2021/06/30/bidens-big-business-crackdown-bad-for-wall-street-behemoths-sources/

 

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