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U.S. regulator says swaps rules need tweaks to preserve global market

Published 11/14/2014, 07:33 AM
Updated 11/14/2014, 07:40 AM
© Reuters Mark Wetjen, acting chairman of the Commodity Futures Trading Commission, testifies to the House Financial Services Committee about the effects of the Volcker Rule

By Huw Jones LONDON (Reuters) - New rules aimed at making derivatives markets safer and more transparent need tweaking to stop the $690 trillion global market splitting up, a top American regulator said on Friday.

Several shallower pools of trading are emerging in what had been one deep, efficient market as brokers outside the United States seek to avoid having to comply with sometimes conflicting U.S. and home country rules.

Mark Wetjen, one of the four commissioners at the U.S. Commodity Futures Trading Commission (CFTC), said there was some agreement at the watchdog for changes.

It was, however, unclear if fragmentation was due to possible errors in U.S. rules, or to the rules being introduced ahead of their European equivalent, he told reporters in London.

"Fortunately, the market fragmentation occurring around the globe largely has been a creature of the law. It is therefore within the power of lawmakers to minimize the negative consequences associated with it," Wetjen said.

One CFTC rule requires a platform anywhere in the world to be registered in the United States even if there is only one U.S participant and Wetjen was "not sure we have got that right".

Also the MATT rule, whereby operators of U.S. trading platforms decide if a swap must be traded electronically rather than privately between banks, also needed changing because of the conflict of interest it presents, Wetjen said.

It is "probably going to be a lot more sensible" to allow regulators to decide if a swap should be traded on a platform, bringing the rule more in line with the European Union's approach, he said.

The CFTC should also bring an end to the so-called "name give up", a practice whereby the identities of buyers and sellers are disclosed after a trade has been closed, Wetjen said. This has made hedge funds and investment funds wary of participating in the market.

Mark Carney, head of the Group of 20 (G20) economies' Financial Stability Board, said on Friday that implementation of derivatives rules globally was uneven, and called for deeper trust among supervisors to apply common standards fully and consistently.

© Reuters. Mark Wetjen, acting chairman of the Commodity Futures Trading Commission, testifies to the House Financial Services Committee about the effects of the Volcker Rule

Wetjen said further coordinated regulation by the G20 would minimise market fragmentation even more.

(Additional reporting by Douwe Miedema in Washington, Editing by Carolyn Cohn and Mark Potter)

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