James K. Jackson
Specialist in International Trade and
Finance
Rena S. Miller
Analyst in Financial Economics
Derivatives,
or financial instruments whose value is based on an underlying asset, played a
key role in the financial crisis of 2008-2009. Congress directly addressed
the governance of the derivatives markets through the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July
21, 2010). This act, in Title VII, sought to bring the largely unregulated
over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny.
Pillars of this approach included mandating that certain OTC derivatives be
subject to central clearing, such as through a clearinghouse, which
involves posting margin to cover potential losses; greater transparency
through trading on exchanges or exchange-like facilities; and reporting
trades to a repository, among other reforms.
In the debates over Dodd-Frank and in subsequent years, many in Congress have
raised the following important questions: If the United States takes
stronger regulatory action than other countries, will business in these
OTC derivatives markets shift overseas? Since OTC derivatives markets are
global in nature, could derivatives trading across borders, or business for
U.S. financial firms that engage in these trades, be disrupted if other
countries do not adopt similar regulatory frameworks? The first step in
addressing these congressional concerns is to examine the degree to which
other major countries have adopted similar legislation and regulation as the United
States, particularly in light of commitments from the Group of Twenty nations
(G-20) to adopt certain derivatives reforms.
Following the financial crisis, G-20 leaders (generally political heads of
state) established a reform agenda and priorities within that agenda for
regulating and overseeing OTC derivatives. The G-20 as an organization has
no enforcement capabilities, but relies on the members themselves to
implement reforms. According to recent surveys, most members are making progress
in meeting the self-imposed goal of implementing major reforms in derivatives
markets. Only the United States appears to have met all the reforms
endorsed by the G-20 members within the desired timeframe of year-end
2012.
The European Union (EU), Japan, Hong Kong, and the United States have each
taken significant steps towards implementing legislation requiring central
clearing. However, in most of these jurisdictions legislation has not yet
been followed up with technical implementing regulations for the
requirements to become effective, according to the Financial Stability Board
(FSB), which conducts the surveys. Most authorities surveyed estimated
that a significant proportion of interest rate derivatives would be
centrally cleared by year-end 2012, but they were less confident of progress
for other asset classes. The EU appeared to be making progress in its G-20
derivatives regulatory commitments, particularly in central clearing and
trade repository-reporting requirements, but at a slower pace than the
United States, according to the FSB. This may be due in part to the need
for legislation to be passed by individual national legislatures even when agreed
broadly by the EU. As of October 2012, however, only the United States had
adopted legislation requiring standardized derivatives to be traded on
exchanges and electronic platforms.
This report examines the G-20 recommendations for reforming OTC derivatives
markets and presents the result of self-assessment surveys measuring the
performance of G-20 members and some FSB members to date in meeting their
commitments. The Appendix to the report presents more detailed information
on the status of individual jurisdictions in implementing the G-20- endorsed
reforms. The Glossary defines key international bodies and related financial
terms and concepts.
Date of Report: February 19, 2013
Number of Pages: 55
Order Number: R42961
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