Industry panel: avoid one-size-fits-all approach to OTC derivatives
A panel of industry experts on June 9 urged the US House Financial Services Subcommittee to steer clear of broad, one-size-fits-all regulation for over-the-counter derivatives.
Testifying before the subcommittee, Timothy Murphy, foreign currency risk manager at consumer products company 3M, underlined the importance of OTC derivatives to companies looking to manage their exposure to foreign exchange, interest rates and commodities, and voiced "strong concerns" about the impact regulation could have on the market. He emphasised that not all OTC derivatives were involved in triggering or exacerbating the financial crisis, and therefore "not all OTC derivatives should be treated the same".
Murphy - whose views were echoed by Don Thompson, managing director and associate general counsel at JP Morgan - opposed any mandate to transfer all derivatives to clearing houses or exchanges. Thompson warned the standardisation of OTC derivatives - which moves towards clearing and exchanges would require - would "limit [companies'] ability to manage risk". In particular, companies would be required to dynamically post collateral - potentially increasing operating costs - and would not qualify for hedge accounting, leaving them open to market volatility.
Moreover, most panel members were keen to stress the benefits of companies being able to have OTC derivatives tailored to their needs. "Customisation does not necessarily mean complexity," explained Thompson.
Robert Pickel, chief executive of the International Swaps and Derivatives Association, underlined the work Isda and the industry had already undertaken with respect to standardisation. Pickel pledged continued support to regulators in helping develop further regulation for the OTC derivatives market, while underlining the market's central role in the financial services industry.
Meanwhile, Christian Johnson, professor at the University of Utah School of Law, warned against overly harsh regulation, as the OTC derivatives market is a "truly global industry that will move towards wherever it is easiest to trade".
In opening remarks, the majority of the subcommittee acknowledged the importance of OTC derivatives to risk management practices for US companies. Republican congressman Tom Price said: "When used appropriately, [derivatives] can be a very effective risk management tool." Price also accepted the particular importance of OTC derivatives and cautioned against implementing one-size-fits-all regulatory measures.
This positive view of OTC derivatives was not shared by all subcommittee members, however. "At best these derivatives are insurance; at worse they are a bet at the casino," said Democrat congressman Brad Sherman.
See also: Geithner outlines regulations for over-the-counter market
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Risk management
Regulators question human-in-the-loop as AI governance tool
Bank of England and FSB executives suggest it’s more important to retain overall accountability
Banks in Asia turn to integrated third-party risk units
Regional and global firms create centres of excellence bridging first and second lines
Op risk data: Cyber hacks shake crypto protocols
Also: JP Morgan fined over investor losses; Symetra’s Methodist pensions mess. Data by ORX News
Why bank stablecoin projects get stuck in the sandbox
Five years ago, a wave of banks launched stablecoin projects, but most never got beyond the testing phase
Banks fear US cross-product capital relief will fall short
Proposal to treat repo as futures for SA-CCR may not do enough to support UST clearing mandate
AI governance rules coming soon, says CFTC chair
Selig doesn’t want to stifle innovation, but says trading or advice algos will need guardrails
Clearing firms flummoxed by new margin models at CME, Ice
VAR-based portfolio margining is easier to manage, but harder to explain
Prediction markets can be a canary in the coal mine
Prices of contracts on the likes of Polymarket can act as signals for risk management and hedging, says risk expert