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Derivatives Reform on the Ropes

By The Editorial Board
Published May 19, 2013  New York Times Opinion Pages

New rules to regulate derivatives, adopted last week by the Commodity Futures Trading Commission, are a victory for Wall Street and a setback for financial reform. They may also signal worse things to come.

The regulations, required under the Dodd-Frank reform law, are intended to impose transparency and competition on the notoriously opaque multitrillion-dollar market for derivatives, which is dominated by five banks: JPMorgan Chase, Goldman Sachs, Bank of America, Citigroup and Morgan Stanley.

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Swap Execution Facilities Reach the Starting Line

By Mike Kentz
Published May 17, 2013  International Financing Review

After two years of bickering over the construction of swap execution facilities, swaps users and would-be SEFs can finally circle a date on their calendar for when trades will be electronically executed.

With the agency voting the rules into place this week, market participants can home in on early December as the time when all swaps users will be transacting standardised swaps on SEFs.

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US in Compromise on Derivatives Trade Rules

By Michael Mackenzie and Gregory Meyer
Published May 16, 2013 Financial Times

Commissioners on the US Commodity Futures Trading Commission voted 4 to 1 to pass long-awaited derivatives trading rules on Thursday that preserve voice-based transactions in conjunction with electronic platforms.

The compromise on trading systems is seen as a victory for the established over-the-counter swaps business, which is dominated by global banks and interdealer brokers. It comes after an intense lobbying effort by Wall Street since the Dodd-Frank Act was signed into law nearly three years ago.

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CFTC Approves Sef Rules - and Eyes Block Trade Controversy

By Peter Madigan
Published May 16, 2013 Risk

The Commodity Futures Trading Commission (CFTC) may even-up block trade rules for swaps and swap futures, it announced today, as long-awaited requirements for swap execution facilities (Sefs) were approved at an open meeting in Washington, DC. As things stand, swaps are subject to CFTC-set block thresholds – which allow big trades to avoid real-time reporting requirements – but exchanges can set their own thresholds for futures contracts.

Critics have argued this disparity hands the exchanges – formally known as designated contract markets (DCMs) – an unfair advantage in cases where they are trading products that are economically equivalent to over-the-counter swaps. The CFTC appears to be listening.

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U.S. Swaps Regulator to Meet on Trading Rules Next Week

By Douwe Miedema
Published May 10, 2013 Reuters UK

The top U.S. derivatives regulator will discuss next week keenly awaited rules for swaps trading that have the potential to weaken Wall Street's dominant position in the $650 trillion market.

The design of so-called Swap Execution Facilities, or SEFs, is the last remaining building block in the Commodity Futures Trading Commission's overhaul of the derivatives market after the 2007-09 credit meltdown.

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Icap: Sefs Could Lead to ‘Sub-Optimal Hedging’

By Viren Vaghela
Published April 16, 2013 Asia Risk

Mandating non-deliverable forwards (NDFs) to be traded on swap execution facilities (Sefs) will result in a less liquid NDF market and make it harder for end-users to hedge, says Dean Berry, chief executive of global e-commerce at interdealer broker Icap.

Under the Dodd-Frank Act, derivatives such as interest rate swaps and NDFs will be required to trade on an electronic platform, or a Sef, and cleared at a clearing house. NDFs are prevalent across Asia – home to several non-convertible currencies such as the renminbi – and have been cleared at major clearing houses such as LCH.Clearnet since last year. LCH currently clears NDFs across seven Asian currencies.

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CFTC ‘Neglect’ of Sef Rules Angers Platform Providers

By Miriam Siers
Published March 26, 2013 Risk

Repeated delays to the publication of final rules on swap execution facilities (Sefs) under the Dodd-Frank Act are causing widespread frustration in the foreign exchange market as the Commodity Futures Trading Commission (CFTC) now doesn't expect to decide on the issue before late April at the earliest.

After numerous mooted deadlines had been missed since draft rules were first published in early 2011, market participants expected clarity in early March. 

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Bank-Backed Initiative to Ease SEF Migration

By Richard Henderson
Published March 25, 2013 The Trade

A newly-launched industry initiative to standardise administrative messages on swap execution facilities (SEFs) aims to automate exchanges between dealers and clients across multiple swaps platforms.

The initiative, known as the Trading Enablement Standardization Initiative (TESI), will be facilitated by trading technology consultancy Etrading Software in conjunction with FIX Protocol Limited (FPL) to develop the administrative messages for SEFs.

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CFTC Eyes Derivatives Reform Compromise

By Shahien Nasiripour and Michael Mackenzie
Published March 19, 2013 Financial Times

A lead US regulator has circulated a confidential draft proposal in an attempt to broker a deal that would finalise planned rules for the $639tn derivatives market.

Bart Chilton, a Democratic member of the five-person Commodity Futures Trading Commission, has in recent days internally proposed a compromise on rules for derivatives marketplaces, or “swap execution facilities”, according to people who have seen the document.

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US Markets Seek CDS Index Trading Alternatives

By Anish Puaar
Published March 12, 2013 The Trade

US market operators are preparing for new rules that will reform trading of credit default swaps indices, including MarketAxess, which is seeking temporary exemption from swap execution facility (SEF) registration due to the associated cost burden.

While US market participants are still awaiting for the Commodity Trading Futures Commission (CFTC) to agree on SEF rules before firms can apply for registration, MarketAxess is seeking a conditional exemption from registration until its venue accounts for 20% of the daily notional transaction volume of all CDS index trades.

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