Friday, June 29, 2012

Reuters: Regulatory News: UPDATE 1-US CFTC OKs overseas treatment of swaps rules

Reuters: Regulatory News
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UPDATE 1-US CFTC OKs overseas treatment of swaps rules
Jun 29th 2012, 20:37

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Fri Jun 29, 2012 4:37pm EDT

  By Alexandra Alper      WASHINGTON, June 29 (Reuters) - The U.S. Commodity Futures  Trading Commission voted unanimously behind closed doors on  Friday to approve two key measures outlining how U.S. swaps  regulations will apply overseas.      The measures had previously been slated for a public vote  last Thursday, but the meeting was abruptly canceled due to  last-minute negotiations between two Democratic commissioners.      The second measure grants U.S. and foreign firms a delay in  complying with certain "entity level" requirements like business  conduct standards.      At issue is how to ensure a level playing field for swaps   players as reforms are put in place at different paces globally   after the financial crisis.       A swap is a financial contract in which two parties exchange  cash flows on debt, currencies, or other assets, to hedge risk  or make a profit.      One measure approved by the CFTC gives guidance on which  entities and which transactions will be subjected to U.S.  "entity level" and "transaction level" rules.      "Entity level" rules include how much capital is needed to  back up a trade, while "transaction level" requirements detail  the amount of collateral a firm must put up for its  transactions.      "We must not forget the lessons of the 2008 crisis and  earlier," CFTC Chairman Gary Gensler said in a statement. "Swaps  executed offshore by U.S. financial institutions can send risk  straight back to our shores."      The CFTC was tasked by the 2010 Dodd Frank law with writing  a raft of rules to boost transparency and limit risk in the  murky $650 trillion over-the-counter swaps market.      One of the most hotly debated pieces of the Dodd-Frank swaps  rules is how broadly U.S. derivatives rules will reach into the  overseas operations of U.S. and foreign banks.      Risky derivatives trading at overseas subsidiaries of firms  like insurer American International Group severely  damaged the U.S. financial system during the 2007-2009 financial  crisis and led to multibillion-dollar taxpayer bailouts.       CFTC Chairman Gary Gensler has pointed to JPMorgan Chase &  Co's multibillion-dollar loss - from trades the bank booked in  London - to highlight the need for a tough overseas swaps  regime.      But the banking industry and foreign regulators have pushed  back, warning that an overly broad regime might duplicate or  conflict with rules of foreign regulators, or put certain banks  at a competitive disadvantage.  

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