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Gensler, CFTC Again Delay New Derivatives Rules

September 9, 2011
The CFTC will further delay a set of new rules for the $600tn derivatives market, another setback for the sweeping overhaul passed in the aftermath of the financial crisis. Chairman Gary Gensler announced on Thursday plans to wrap up the agency’s rule-writing in the first few months of 2012. The agency said in June that it would miss deadlines to finalize dozens of new derivatives rules, though the holdup was only supposed to last until the end of this year, a roughly six-month delay. Gensler, for the first time, outlined a formal timeline for many rules stemming from the Dodd-Frank Act. He cautioned, however, that the timing was tentative. The agency’s Republican commissioners, who have long called for Mr. Gensler to both slow down and disclose a rule-making timetable, praised the announcement.
Next up on the agenda are final rules for derivatives clearinghouses and limits on speculative commodity trading. Bart Chilton, a Democratic commissioner and a leading proponent of so-called position limits, responded with an elated “boo-yah.” The agency is drafting a formal order that would exempt the derivatives industry from complying with Dodd-Frank until the rules are finalized.  The agency also proposed a plan to phase in compliance. Under the proposal, advanced in a 4-to-1 vote, Wall Street banks will have a three-month grace period before they must run derivatives deals through clearinghouses, which act as a backstop in case one party defaults. Hedge funds, pensions and other private funds will have six months to comply once the agency finalizes the clearing requirement. [DealBook, 9/8/11]