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CFTC’s O’Malia: Sef Rules Could Favor Europe

By Luke Clancy
Published May 7, 2013 Risk

Back in January, it looked very much like long-awaited rules on swap execution facilities (Sefs) – new derivatives trading venues conceived by the Dodd-Frank Act – would be released imminently. Speaking at an industry event in New York, Commodity Futures Trading Commission (CFTC) commissioner Scott O’Malia told delegates a vote on the rules would take place within weeks. “That’s right in time for Valentine’s Day, and nothing says ‘Valentine, I care’ like a Sef final rule-making,” O’Malia said.

Nearly five months on from that speech, there’s still no sign of the Sef rules – and O’Malia has learned to keep quiet about when he thinks the rules will be finalised. “I’ve had to quit throwing out dates,” he tells Custody Risk. “I gave a speech in January, thinking we would have a mid-February rule completed. Since then, negotiations have absolutely cratered and we’re not making any progress whatsoever.”

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CFTC Should Extend US Persons Fix, Says O'Malia

By Luke Clancy
Published April 12, 2013 Risk

The Commodity Futures Trading Commission (CFTC) has not started work on a final definition of the term "US person" according to Scott O'Malia, one of its five commissioners, and a temporary exemptive order that expires on July 12 should be extended as a result, he says.

"We have not begun to address that yet. I have no idea how that's going to be worked out at this point. I believe we will need to provide relief and the debate will be about whether to continue to extend the relief as is – with maybe some changes to the US person definition – or to implement the entire cross-border guidance and then provide exemptive relief to certain elements of that," says O'Malia.

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Dodd-Frank Swap Data Fails to Catch JPMorgan Whale, O’Malia Says

By Silla Brush
Published March 19, 2013 Bloomberg

Dodd-Frank Act derivatives rules are failing to give regulators a full picture of the swaps market and wouldn’t help them detect a loss similar to JPMorgan Chase & Co.’s London Whale trades, according to Commodity Futures Trading Commission member Scott O’Malia.

Swap-trade data the agency has been receiving since the end of last year from repositories including the Depository Trust and Clearing Corp. is inadequate to identify large positions and have overwhelmed government computer systems, O’Malia said in a speech prepared for a Securities Industry and Financial Markets Association conference in Phoenix.

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CFTC's O'Malia: No Progress on Sef Rules in Past Two Weeks

By Peter Madigan
Published March 15, 2013 Risk

The Commodity Futures Trading Commission is still some way from reaching consensus on final swap execution facility (Sef) rules, commissioner Scott O’Malia has said, with no progress made at all in the past fortnight.

Speaking with Risk at the Futures Industry Association annual conference in Florida, O’Malia noted a series of mooted publication dates have come and gone, and said the earliest possible date for a vote on the Sef rules is now mid-April. He added the recent missed deadlines do not mean the commissioners are close to agreement.

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Sef Rules Could Be Finalized by Mid-February, says O’Malia

By Peter Madigan
Published January 31, 2013 Risk

Long-awaited rules on swap execution facilities (Sefs) are expected to be finalised within the next few weeks, with voice-broking likely to be permitted in some limited form, according to Scott O'Malia, a commissioner at the Commodity Futures Trading Commission (CFTC).

Speaking at an industry event in New York yesterday, O'Malia said a vote on the final rules could take place within two weeks. "That's right in time for Valentine's Day, and nothing says 'Valentine, I care' like a Sef final rule-making," O'Malia said.

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Traders Take Their Swaps Deals to Futures Exchanges

By Matthew Philips
Published January 24, 2013 Bloomberg Businessweek

On Friday, Oct. 15, a rule designed to improve government oversight of the multitrillion-dollar market for derivatives took effect. The following Monday, many energy traders moved their swaps business to a futures exchange. After the U.S. Commodity Futures Trading Commission put two years into building its regulatory framework for swaps, a slice of the market simply sidestepped it. The CFTC was caught off guard by the move, says Scott O’Malia, one of five commissioners. “All these people left the swaps market due to regulatory uncertainty and confusion,” he says. “That is fundamentally a big problem with the swaps rules.”

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CFTC's O'Malia Has a Holiday Wish-List, Starting with Quick Relief Notices

By Staff
Published November 30, 2012 Automated Trader

Scott O'Malia, one of the commissioners at the Commodity Futures Trading Commission (CFTC), disclosed his holiday wish list, starting with a call for speedy decisions on what would new rules would get exemptions.

"The first item on my list is that any relief that the Commission is planning to provide from the December 31 implementation date should be issued by December 14, to give certainty to the market as soon as possible," O'Malia said in a speech.

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Scrap Dodd-Frank Cross-Border Guidance and Opt for Rule-Making Approach, CFTC's O'Malia Urges

By Staff
Published November 13, 2012 Automated Trader

The Commodity Futures Trading Commission (CFTC) should ditch the cross-border guidance entirely and use formal rule-making to establish the approach to cross-border application of Dodd-Frank, CFTC Commissioner Scott O'Malia said.

O'Malia, in a speech at George Mason University just outside of Washington DC, listed a series of steps the regulator should take, starting with the abandonment of the current guidance approach.

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Swap-Trading Rules Won’t Be Finished by November, O’Malia Says

By Silia Brush and Kim Chipman
Published October 31, 2012 Bloomberg

Swap-trading rules governing firms such as CME Group Inc. (CME) and ICAP Plc (IAP) won’t be completed by mid- November at the main U.S. derivatives regulator, according to Commodity Futures Trading Commissioner Scott O’Malia.

The CFTC plans to first finish separate rules to ensure interest-rate and credit swaps are backed by clearinghouses that collect collateral from buyers and sellers, O’Malia said today at a Futures Industry Association conference in Chicago.

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CFTC's O'Malia Queries Time Constraints on Swaps Clearing

By Katy Burne
Published October 4, 2012 Wall Street Journal

As banks push back against a new rule that requires faster processing of certain derivatives trades, they are finding some support from within the regulatory agency that set the time limit.

Under the Dodd-Frank overhaul of financial markets, most privately negotiated derivatives known as "swaps" must be openly traded and routed through central clearinghouses for the first time. A new rule from the U.S. Commodity Futures Trading Commission, which requires swaps to be cleared in real time or within "at most a few minutes," took effect Monday.

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