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CFTC to Re-Propose Dodd-Frank Trade Rules

February 27, 2012
The CFTC is poised to re-propose Dodd-Frank Act block trading regulations that would determine when swaps are big enough that their price and size don’t need to be reported immediately to the public. The Commissioners, who may vote as early as Monday afternoon, conducted a meeting today in Washington where they sought comment on a revised measure following expressed concerns from JPMorgan, Goldman Sachs, and trade associations (including SIFMA).  Trade groups said the original proposal could hamper liquidity and didn’t account for different types of swaps.  The banks told the CFTC they need time to hedge or lay off risk on so-called block trades before they are reported. The CFTC measure would divide interest-rate, credit and other types of swaps into categories and then determine thresholds for large trades.  The threshold would be set at the 67th percentile for notional value of swaps in a category, resulting in 6% of interest-rate and 7% of credit swaps being considered block trades based on current market data - according to a CFTC official who spoke on condition of anonymity at a briefing for reporters yesterday. Determination of a minimum block trade size is “among the most important elements” of Dodd-Frank’s derivatives rules, according to JPM managing director Jeremy Barnum and JPM associate general counsel Don Thompson, as per a 1/12 letter to the CFTC and SEC. [Bloomberg, 2/23/12]