Treasury's Derivatives Reform Could Endanger Clearing: FIA
August 18 2009 - 12:17PM
Dow Jones News
A U.S. Treasury push to force more over-the-counter derivatives
trading onto exchange platforms could undo an existing effort to
reduce risk in the swaps market, according to the head of the
industry's main trade group.
John Damgard, president of the Futures Industry Association,
said dealer banks may rethink their commitments to new
exchange-backed clearinghouses if the facilities are required to
accommodate riskier products.
His comments highlight banks' resistance to the Treasury reforms
submitted to Congress last week, calling for a broad swath of OTC
derivatives trading to be conducted on exchanges or electronic
trading platforms, and cleared via exchange-backed
counterparties.
"Clearinghouses are not mandatory organizations - they're
voluntary," Damgard said in an interview with Dow Jones
Newswires.
"If the government starts forcing trades onto clearinghouses
that members feel are too risky to validate, the way to protect
themselves is to pull out of the clearinghouse."
The FIA represents the dealer banks that dominate
over-the-counter derivatives trade, as well as exchanges like
IntercontinentalExchange Inc. (ICE), CME Group Inc. (CME) and
Nasdaq OMX Group Inc. (NDAQ) that have set up central
counterparties to clear swap transactions.
Regulators last year pushed the industry to use such
clearinghouses, which provide a central guarantee for
credit-derivative and interest-rate swap trades that were
previously conducted on a bilateral basis, reducing systemic risk
in the multi-trillion dollar sector.
The bank-backed clearinghouses set up by
IntercontinentalExchange in the U.S. and Europe have so far handled
more than $1.7 trillion in credit derivatives.
The International Derivatives Clearing Group unit of Nasdaq OMX
Group has test-cleared $450 billion in interest rate products. CME
Group is developing its own clearing services for both types of
swaps.
Damgard maintained that the futures industry has a "spotless"
record in ensuring market stability, in large part because
exchanges have not been forced to clear certain products.
Exchanges had targeted the clearing of more OTC contracts long
before regulators started pushing the practice.
However, many remain wary of being forced by regulators to
handle more complex instruments that have traditionally been
conducted between banks, and which do not fit into exchanges'
established risk-management procedures.
"The FIA's position is that the marketplace is the best place to
make those determinations, not government edict," said Damgard.
"Like a lot of others, I'm a little concerned of Big Brother
involving [itself] in a market that has continued to grow quite
dynamically."
Damgard said that there will continue to be a role for complex,
bilaterally arranged swap deals between banks and their customers,
often commercial participants who need hedges tailored to specific
needs.
The longtime FIA leader also criticized lawmaker's calls to
limit speculators' role in commodity markets, echoing exchange
executives' warnings that tighter restrictions could drive business
to overseas jurisdictions.
"I haven't heard anybody else say position limits are a terrific
idea," Damgard said. "The Brits and Europeans say the issue is
manipulation, and there are other ways to deter and detect
manipulation of the markets."
-By Jacob Bunge, Dow Jones Newswires; 312-750-4117;
jacob.bunge@dowjones.com