BNY Mellon address OTC inconsistencies 13 July 2012New York and SIngapore Reporter: Georgina Lavers
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The transformation of OTC derivatives markets globally is having a substantial impact on how derivatives are used, according to a BNY Mellon report.
The report, ‘Sovereigns in Search of Solutions: OTC Derivatives Reform’ says the reform raises particularly challenging questions for sovereign institutions.
“Sovereigns are generally regarded as low risk counterparties, and as such have not generally been required to provide collateral,” said Jai Arya, head of BNY Mellon’s Sovereign Institutions group.
“With global regulatory reforms, however, precisely what is in and out of scope with respect to sovereigns remains murky. The classification of sovereigns and subsequent variation in Basel III capital adequacy rules must be addressed to avoid market distortions and regulatory arbitrage.
In addition, the cost of compliance to the new rules could potentially hit sovereigns – and those servicing sovereign counterparties – very hard.”
The report notes that the continuing debate over ‘extraterritoriality’, defined as the applicability of a set of rules outside the direct jurisdiction of the overseeing regulator, adds further complexity.
“We expect that a common approach will be reached between the major strands of regulatory reform to avoid market distortions and regulatory arbitrage, but inconsistency and conflict between national and supranational rules persists,” said Nadine Chakar, head of Derivatives360(SM), BNY Mellon.
“Until a consistent framework of exemptions from both capital adequacy and clearing requirements across jurisdictions may be agreed, sovereigns may find that their OTC derivatives activities become subject to mandatory clearing.”
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