I started a discussion topic (below) last week on Linkedin regarding the efforts by the Obama administration to impose new regulations on derivatives. Specifically, the discussion was centered on how the new regulations may impact the OTC weather derivative market.
"Any one have any thoughts on the impact of the proposed Obama plan (below) on the OTC weather derivative markets?"
Obama Proposes a First Overhaul of Finance Rules (NY Times)
WASHINGTON — In its first detailed effort to overhaul financial
regulations, the Obama administration on Wednesday sought new authority
over the complex financial instruments, known as derivatives, that were
a major cause of the financial crisis and have gone largely unregulated
for decades.
Following is a comment posted from Arthur Small, Associate Professor of Applied Economics and Finance, Department of Meteorology, Penn State University regarding his efforts at communicating with senate staffers on the issue.
"Sen. Tom Harkin (D-IA), chair of the Senate Agriculture Committee,
has introduced legislation that would require that all derivatives
trade as standardized contracts on organized exchanges, e.g., CME. This
legislation would effectively end OTC trading of derivative contracts.
Harkin's is one of (by my count) four similar proposals that have been
introduced in the Senate Agriculture Committee, which has jurisdiction
by virtue of its role overseeing the Commodity Futures Trading
Commission.
I requested a meeting with several members of the Senate Agriculture Committee staff to discuss Harkin's bill. Graciously,
they agreed to meet with me. I argued, in short, that, "If OTC trading is outlawed,
only outlaws will trade OTC." More substantively, I argued that banning
OTC trading would both eliminate economically useful risk hedging
instruments, and would serve to drive risk-transfer agreements
off-shore and "underground," into commercial contracts. I argued that,
to understand, monitor and manage systemic risk, the real need was to
give regulators better data, and better tools for data analysis. In
that vein, I'm working with colleagues on a proposal to establish a
National Institute of Finance: more at www.ce-nif.org.
I don't think I necessarily convinced anyone (and in any case, they
aren't the final decision-makers). That said, I would tend to agree
with James' comment that the conversation in DC on restructuring
financial regulation seems not to be focused on banning any particular
types of contracts. The Obama plan does not include such bans. Nor did
any member of the Senate Banking Committee suggest, during Tim
Geithner's testimony, that it should. One should stay vigilant, I
suppose, because strange things can always happen. But I expect that
when the dust settles OTC trading of Wx derivative contracts will be
safe."
-- Arthur Small, Penn State University
A minor correction/clarification on my last comment: the Obama
Administration's plan does call for moving all "standardized" contracts
to exchanges and clearinghouses. The plan allows for OTC trading of
"customized" contracts, however. The plan does not rigorously clarify
the distinction between "standardized" and "customized" contracts. This
ambiguity is a point of contention for Sen. Harkin.
More to come on this topic.
Weather risk professionals: your thoughts?