To: Zardoz who wrote (44333 ) 10/30/1999 6:18:00 AM From: d:oug Read Replies (2) | Respond to of 116756
bad, very bad, bad bad bad Reuters Finance News U.S. Won't Seek Regulation Of Derivatives By Andrew Clark Oct 30 12:39am ET WASHINGTON (Reuters) - In a long-awaited report set for release next week, U.S. regulators will conclude that the multi-trillion dollar market in privately-arranged financial derivatives does not need government regulation, people familiar with the report said. The regulators will tell Congress that so-called over-the-counter, or OTC, financial derivatives should not be subject to U.S. futures laws, they said. Derivatives are investments whose values are linked to underlying factors such as interest or exchange rates. Market participants have worried for years that U.S. futures regulators might try to assert jurisdiction over the currently-unregulated OTC market, which could have thrown the legal enforceability of widely-used derivatives contracts like swaps into question. A working group of U.S. regulators, including the Federal Reserve, Treasury, Securities and Exchange Commission and Commodity Futures Trading Commission (CFTC), has been studying the issue for over a year. Congress will use their findings in a rewrite of U.S. futures laws due to be completed next year. The regulators decided that the sophisticated, usually institutional, investors who use financial derivatives to manage risk do not need the same sort of protections as small investors in exchange-traded futures markets, the people familiar with the report said. The CFTC, which regulates U.S. futures trading, last year caused a furor when it issued a study that suggested it could claim authority over the OTC market. The study was bitterly opposed by other U.S. financial regulators. Under its new chairman, William Rainer, the agency has reversed course, apparently allowing the working group to reach a consensus. ``The national interest in fostering economic efficiency in the OTC derivatives market can only be accomplished by establishing clear legal certainty for the over-the-counter market,' Rainer said in a speech Thursday, adding that U.S. futures laws were ``not designed to regulate the OTC market.' The working group does recommend that commodity derivatives remain subject to futures laws and the CFTC's jurisdiction, the people familiar with the report said. The group also focused on the use of centralized clearing houses for financial derivatives as a way of mitigating the economic risks associated with the OTC market, they said, leaving open the question of their future regulation. Traditional U.S. futures exchanges have long complained that the OTC market has been eating into their business, and the group will back a CFTC initiative to deregulate financial futures trading to allow them to compete on a more level playing field, the people familiar with the report said. ``The CFTC's regulatory policy must ensure that there is a balance between the regulatory environment for OTC derivatives and the level of regulation applied to the financial futures markets,' Rainer said Thursday. ``These markets are simply too important to the nation's economy to ignore the potential damage from disparate regulatory structures.' Congressional aides said Friday they expected the report to be completed next week.