On Friday October 2nd, 2009 House Financial Services Committee Chairman Barney Frank (D-MA) circulated a discussion draft of legislation to regulate over-the-counter (OTC) derivatives.
Excessive speculation, particularly in the less regulated OTC markets, has been blamed for the surge in energy prices experienced during the first half of 2008.
IECA has long warned about the dangers of excessive speculation and has urged Congress and the Commodity Futures Trade Commission to take action:
(To cite just a few examples. To view more see www.ieca-us.com)
However, Chairman Frank’s recently released legislative draft threatens to reduce access to reasonably priced and customized over-the-counter (OTC) derivative products. IECA, as well as over 100 diverse segments of American industry Derivatives Letter to Congress that business end-users rely on OTC derivatives to manage risks including energy commodity prices, fluctuating currency exchange and interest rates. By insulating companies from risk, customized OTC derivatives provide businesses with access to lower cost capital—enabling them to grow, make new investments and retain and create new jobs.
Congress must be careful not to place an extraordinary burden on end-users of derivatives by requiring all OTC derivatives used by business end-users to be centrally cleared, executed on exchanges or cash collateralized or subject end users to capital charges that would inhibit companies from using these important risk management tools in the course of everyday business operations. These proposals would increase business risk and raise costs are at cross purposes with the goals of lowering systemic risk and promoting economic recovery.
The Finance committee will hold a hearing on this subject:
Reform of the Over-the-Counter Derivative Market: Limiting Risk and Ensuring Fairness
10 a.m., Wednesday, October 7, 2009, 2128 Rayburn House Office Building.