“The report was commissioned by Morgan Stanley, one of the big banks lobbying to ease the regulation. But IHS maintains its analysis, content and conclusions are entirely independent. …However, Americans for Financial Reform, an advocacy coalition supporting the legislation, took issue with the report. ‘This is just the latest in a series of industry-funded studies ordered up by financial market interests expressly to undermine the Volcker Rule,’ executive director Lisa Donner told CNBC in response to a question. ‘They don’t want to have to stop the profitable and risky proprietary trading that the Volcker rule bans, and they are grasping at straws to protect the status quo.’”
“In a March 27 letter to members of the committee, Americans for Financial Reform writes that the swaps bill, introduced last October by Rep. Scott Garrett, R-N.J., chairman of the House Financial Services Subcomittee on Capital Markets, ‘would undermine’ the regulatory regime for derivatives laid out by Congress in the Dodd-Frank act ‘by exempting any derivatives transaction between a U.S. swap dealer and a non-U.S. entity from all the major protections contained in Title VII of the Dodd-Frank Act,’ with the one exception being reporting requirements to regulators.”
“Also on Tuesday the Financial Services Committee approved a bill to limit the international reach of new U.S. swaps and derivative rules. …The group Americans for Financial Reform, a strong backer of Dodd-Frank, warned the bill would allow U.S. banks to evade oversight. ‘In addition to seriously undermining the basic transparency and accountability requirements in the U.S., such a ‘race to the bottom’ would be a serious blow to the entire international effort to make derivatives markets safer,’ the group said in a statement.”
“H.R. 3283 would let U.S. banks trade derivatives, such as credit default swaps, overseas without having to build up any extra capital to protect against a meltdown in those derivatives. ‘This would create an overwhelming temptation to move swaps business overseas, indeed to the foreign jurisdictions where regulation was most lax compared to the U.S.,’ Americans For Financial Reform, a coalition of labor, consumer and other groups, wrote in a letter to the House today.”
“Consumer advocates said the two bills could lead to abuses. For example, the bill addressing transactions between related companies refers to swaps between ‘affiliates.’ Marcus Stanley, policy director for Americans for Financial Reform, said he worried that corporate lawyers would try broadening the use of that term to include more and more companies. ‘It’s ridiculous to put this broad exemption into statute,’ Stanley said.”
‘The regulators are under a lot of pressure,’ said Marcus Stanley, policy director of Americans for Financial Reform, an advocacy coalition that filed a comment letter urging that the draft rule be strengthened rather than watered down. Stanley, a former congressional aide, said that his side has at most a couple of dozen people working the agencies and Congress. Meantime, he said, hundreds of banking representatives are enlisting their customers by warning that the rule’s fallout will be higher costs and less-liquid markets.’
