Wednesday, July 11, 2012

Is the CFTC Fatally Fragmenting the Global Swaps Market?

Author: David Schwartz J.D. CPA
On July 6, House Financial Services Committee Chairman Spencer Bachus (R-AL) initiated a series of hearings reviewing the two-year experience of the Dodd-Frank Act, and in particular the effects of its derivatives provisions.  Prompted by the June 28 release by the CFTC of proposed interpretive guidance regarding the application of the Dodd-Frank Act to non-US persons engaging in swaps activities with a connection to the US,  Bachus also urged the Senate to pass legislation, HR 2682, codifying and clarifying the end-user exemption from Dodd-Frank derivatives regulation.  These congressional moves arise amid fears in the financial industry that the CFTC's proposed cross-border rules could create dangerous fragmentation among financial firms operating internationally.
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