Speaking before a joint hearing of the House Agricultural and Financial Services committees, Secretary of the Treasury Timothy Geithner outlined six Obama Administration proposals for regulating over-the-counter derivatives:
1. All standardized derivative contracts must be cleared through well-regulated central counterparties and executed either on regulated exchanges or regulated electronic trade execution systems. Central clearing involves the substitution of a regulated clearinghouse between the original counterparties to a transaction. After central clearing, the original counterparties no longer have credit exposure to each other. “Central clearing of standardized OTC derivatives will reduce risks to those on both sides of a derivative contract and make the market more stable,” he said. “This should help to constrain threats to financial stability.”
2. Through capital requirements and other measures, encourage “substantially greater use” of standardized OTC derivatives and to facilitate substantial migration of OTC derivatives onto central clearinghouses and exchanges. “We will propose a broad definition of ‘standardized’ OTC derivatives that will be capable of evolving with the markets and will be designed to be difficult to evade,” he said. “We also will require that regulators carefully police any attempts by market participants to use spurious customization to avoid central clearing and exchanges. In addition, we will raise capital and margin requirements for counterparties to all customized and non-centrally cleared OTC derivatives.”
3. Require all OTC derivative dealers, and all other major OTC derivative market participants, to be subject to “substantial supervision and regulation,” including conservative capital requirements; conservative margin requirements; and strong business conduct standards. “Conservative capital and margin requirements for OTC derivatives will help ensure that dealers and other major market participants have the capital needed to make good on the protection they have sold,” he said.
4. Make the OTC derivative markets “fully” transparent. Relevant regulators will have access on a confidential basis to the transactions and open positions of individual market participants. The public will have access to aggregated data on open positions and trading volumes. “We will require the SEC and CFTC to impose recordkeeping and reporting requirements (including an audit trail) on all OTC derivatives,” he said. “We will require that OTC derivatives that are not centrally cleared be reported to a regulated trade repository on a timely basis. Increased transparency will improve market discipline and regulatory discipline, and will make the OTC derivative markets more stable.”
5. Provide the SEC and CFTC with clear authority for civil enforcement and regulation of fraud, market manipulation, and other abuses in the OTC derivative markets.
6. Work with the SEC and CFTC to tighten the standards that govern who can participate in the OTC derivative markets. “We must zealously guard against the use of inappropriate marketing practices to sell derivatives to unsophisticated individuals, companies, and other parties,” he said.
More to come…