CFTC Commissioner Chilton Calls For Moderated Regulatory Reform
December 12 2008 - 1:49PM
Dow Jones News
Commodity futures regulator Bart Chilton called Friday for
moderated regulatory reform, warning of potential trading migration
overseas if watchdog agencies overreact to an era of
free-marketeering.
Chilton, a Commodity Futures Trading Commission commissioner,
urged international regulators to coordinate oversight rules in
comments made at a reception for European Union financial market
attaches.
His comments come as U.S. and international regulators and
lawmakers strive to stem derivative market meltdowns such as the
one that precipitated the current global economic crisis.
"We don't want overzealous laws and regulations, nor do we want
the current regulatory vacuum - we can see where that has gotten
us," Chilton said in remarks to the attaches at the French Embassy
here.
"Becoming too overzealous may have the unintended consequences
of moving the bad actors into darker markets outside regulatory
reach," the CFTC commissioner said.
Derivative markets have been rocked by unregulated credit
default swaps based on soured assets and the economy taking a
beating from record energy prices that many believe were fueled by
speculation in unregulated swaps and over-the-counter markets.
Industry, regulators, Congress and the Bush administration are
battling over how the multi-trillion dollar derivatives markets
should be overseen. Some lawmakers are calling for a merger of
agencies such as the Securities Exchange Commission and the CFTC,
and others such as Sen. Tom Harkin, D-Iowa, are crafting
legislation that would require all derivatives to be traded on
exchanges. Others say clearing is essential, but warn against
requiring aggregated position limits.
Chilton, who's also a part of President-elect Barack Obama's
transition team, said the past decade had veered too far to the
right toward deregulation, "and with the meltdown, we know the
government went too far ... and the result is a global economy in
disarray.
"An overcorrection, here or abroad, could create more problems
than solutions," he said.
CME Group Inc. (CME), IntercontinentalExchange Inc. (ICE), the
Eurex derivatives unit of Deutsche Boerse AG (DB1.XE) and NYSE
Euronext Inc.'s (NYX) Liffe platform are all vying to "clear," or
process, trades in multi-trillion dollar credit-default swaps
markets, amid regulatory pressure on both sides of the Atlantic to
reform this over-the-counter market. The groups this week called
for Congress to mandate clearing.
House Agriculture Committee Chairman Collin Peterson, D-Minn.,
said he intends to introduce a bill as early as January that would
address mandated clearing for swaps.
Chilton said the CFTC should oversee clearing instead of the
banking regulator overseeing platforms in the guise of banks. He
also said his agency should be given the authority to set position
limits, but not required to establish the aggregated trading
thresholds.
"Congress should extend CFTC anti-fraud, anti-manipulation, and
emergency authorities to OTC transactions to allow greater
oversight and transparency of these markets," he said.
"We need to have a sure-footed regulator over these dark markets
to protect consumers and businesses," Chilton said, calling for
Congress to provide "immediate steps ... to provide legal certainty
that the financial sector requires to help create stability."
To prevent migration of lucrative trading overseas, the
commissioner told the attaches that global coordination was
essential. "I'm hopeful that we all will take into account the
interconnectedness of our economies, and that our rules and
regulations will reflect that reality," he said.
-By Ian Talley, Dow Jones Newswires, 202-862-9285;
ian.talley@dowjones.com
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