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<div class="">July 12, 2013</div>
<h1>Reckless Banking, Inadequate Rules</h1>
<h6 class="">By
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<a href="http://www.nytimes.com/interactive/opinion/editorialboard.html" rel="author" title="More Articles by THE EDITORIAL BOARD"><span>THE EDITORIAL BOARD</span></a></span></h6>
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<p>
Gary Gensler, <a href="http://www.cftc.gov/About/Commissioners/GaryGensler/index.htm">the reform-minded chairman</a> of the Commodity Futures Trading Commission, got <a title="A Times Article" href="http://dealbook.nytimes.com/2013/07/12/u-s-regulators-approve-stricter-trading-rules-abroad/?ref=garygensler">the best deal he could on Friday, when the commission voted 3 to 1</a>
to approve guidance on how new rules on derivatives will apply
internationally, as required under the Dodd-Frank financial reform law.
But, in the face of unified opposition to strong “cross-border”
regulation — from the big banks; their government allies in both the
United States and Europe; and a swing-vote Democrat on the commission,
Mark Wetjen — the deal falls short of what’s needed to protect American
taxpayers and the global economy from the calamitous effects of reckless
bank trades. </p>
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Under the guidance, banks and hedge funds with a principal place of
business in the United States will have to adhere to the new Dodd-Frank
derivatives rules. That’s a positive development because it ensures that
entities run in, say, Greenwich, Conn., can’t dodge the rules by
incorporating in, say, the Cayman Islands. </p>
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But the real issue is how to regulate derivatives trading by the
overseas affiliates of American banks and by the foreign banks that do
business with them. Mr. Gensler had correctly argued that those trades
should fall under Dodd-Frank, unless foreign regulators adopted rules
that were substantially the same as those under American law. But
instead of the rule-by-rule similarity originally envisioned, the
guidance allows for so-called substituted compliance with a foreign
country’s rules as long as those rules are “comparable” and
“comprehensive.” That’s a win for the banks for which the whole point of
substituted compliance is to conduct as much business as possible in
places where regulators and regulations are weaker. </p>
<p>
There’s still a chance that the deal’s basic framework will be
strengthened over the next several months. The commission has until Dec.
21 to determine whether rules in the European Union, Australia, Canada,
Hong Kong, Japan and Switzerland pass muster. If it determines that
those rules are not comparable — or if the rules elsewhere have not been
completed — then Dodd-Frank rules would take effect. </p>
<p>
Theoretically, that could encourage other countries to mirror or exceed
American standards in creating their regulations. Or the commission
could deny substituted compliance in any country that is not up to the
Dodd-Frank standards. But that would require continued strong leadership
at the commission, and that is in question because Mr. Gensler is
expected to leave his position by the end of the year. The final chapter
in derivatives regulation has not been written, but Friday’s deal does
not bode well. </p><br clear="all"></div><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
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