CFTC Seeking More Authority Over Foreign-Based Exchanges
October 16 2009 - 11:32AM
Dow Jones News
The Commodity Futures Trading Commission and Securities and
Exchange Commission on Friday recommended legislation that would
expand the U.S. futures regulator's authority over foreign
exchanges that offer access to U.S. investors.
The recommendation is among a raft of proposals aimed at
broadening the CFTC's authority over financial exchanges, outlined
in a report on harmonizing oversight of U.S. derivatives and
securities markets.
The Friday report follows a series of September hearings on the
topic, and fulfills a request by the Obama administration to
identify ways the CFTC and the SEC can eliminate gaps in oversight
and work better together.
In the report, the CFTC noted its limited authority over
products traded on exchanges located outside the U.S., though these
markets are often electronically accessible for U.S.-based
traders.
Requesting legislation that would let the CFTC force foreign
exchanges to register in the U.S., officials cited concerns that
foreign boards of trade may not have "certain rules and protections
that the CFTC considers necessary for maintaining the integrity of
markets and orderly trading."
Such a provision is included in derivatives reform bills backed
by President Barack Obama and Rep. Barney Frank (D-Mass.).
The CFTC remains wary of phenomena like the so-called "London
loophole," which critics claim has allowed U.S. traders to
circumvent regulations by electronically trading contracts linked
to U.S.-based futures products.
The U.S. futures industry, however, has argued against requiring
foreign-based exchanges to register with the CFTC.
CME Group Inc. (CME) Executive Chairman Terry Duffy told
lawmakers last month that it raises the possibility of foreign
countries requiring U.S. exchanges and clearinghouses to register
abroad.
Friday's report also saw the CFTC recommend legislation that
would expand its power over exchanges' and clearinghouse's risk
management practices.
Exchange operators like CME, IntercontinentalExchange Inc. (ICE)
and Nasdaq OMX Group Inc. (NDAQ) are looking to clear more
over-the-counter derivatives, part of a Washington-backed push to
reduce risk in off-exchange markets, and the CFTC said that its
current authority is limited in this regard.
The CFTC wants amendments to the Commodity Exchange Act that
would give it more time to evaluate rules or products proposed by
exchanges, while no longer automatically approving new exchange
rules unless they are found to violate the CEA.
Under the recommended amendment, CFTC would more closely examine
proposed new rules by exchanges.
Friday's report did include some recommendations that exchanges
have pushed for: commitments to speed up the approval process for
new products and expanded portfolio margining.
Options exchanges like the Chicago Board Options Exchange have
long complained of the SEC's drawn-out approach to approving new
options products, compared to the CFTC's relatively fast
turnaround.
Regulators on Friday agreed that there must be a timeline for
agreement on a new product, giving both agencies a three-month
window in which to assert jurisdiction over a product submitted to
the other regulator.
The report also supported expanded portfolio margining, which
could let brokerage customers combine futures, options and cash
equities positions into a single margin account.
Some exchange operators have complained that the lack of
comprehensive portfolio margining puts U.S. markets at a
disadvantage to other locales that allow the practice.
-By Jacob Bunge, Dow Jones Newswires; (312) 750 4117;
jacob.bunge@dowjones.com