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  • Statement Of CFTC Commissioner Kristin N. Johnson In Support Of Notice Of Proposed Rulemaking On Large Trader Reporting Requirements

    Date 07/06/2023

    I strongly support issuing the proposal on Large Trader Reporting Requirements.  Large trader reports “effectuate the Commission's market and financial surveillance programs by providing information concerning the size and composition” of Commission regulated markets and the accounts that hold the largest positional exposures.   The Commission’s large trader reporting system has been foundational to protecting market integrity and the price discovery and hedging utility of futures contracts for commercial end-users.  Despite technology-based formatting limitations, the large trader reporting system has admirably supported the Commission’s market surveillance and position limits enforcement programs for decades. 

  • Statement Of CFTC Commissioner Kristin N. Johnson In Support Of Proposed Rulemaking On DCO Recovery And Orderly Wind-down Plans

    Date 07/06/2023

    Derivatives clearing organizations (DCOs) play a significant role in our markets by providing essential clearing and settlement market infrastructure. They are important market intermediaries that create trust in stability by taking on counterparty risk and standing in as financial guarantors in the event of a customer or clearing member default. The risks DCOs take on in providing such services include custody, credit, and liquidity risk; other general business, operational, and legal risks; as well as the risk of its clearing members. Such risks not only threaten the a DCOs continuity of operations, but also a DCOs clearing members resulting in a broader threat to the greater financial system.

  • Statement Of CFTC Commissioner Kristin N. Johnson In Support Of Notice And Order On EU Capital Comparability Determination

    Date 07/06/2023

    I support the Commission’s issuance of the proposed capital comparability order for comment (Proposed Order).  The Proposed Order, if approved, will allow registered nonbank swap dealers (SDs) organized and domiciled in France and Germany to satisfy certain capital and financial reporting requirements under the Commodity Exchange Act (CEA) by being subject to and complying with comparable capital and financial reporting requirements under the European Union (EU) laws and regulations applicable in those countries.  I commend the staff of the Market Participants Division:  Amanda Olear, Tom Smith, Rafael Martinez, Liliya Bozhanova, Joo Hong, and Justin McPhee, as well as the members of the Office of International Affairs for their careful review of the capital and financial reporting requirements for SDs organized and domiciled in France and Germany.  This is the third proposed capital comparability determination approved for comment since the Commission adopted its substituted compliance framework for non-U.S. domiciled nonbank SDs in July 2020.

  • Statement On Final Rule To Implement Section 939A(b) Of The Dodd-Frank Act, SEC Commissioner Hester M. Peirce, June 7, 2023

    Date 07/06/2023

    Almost thirteen years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among the many tasks assigned to the Commission by the Act was the removal of references to credit ratings from the Commission’s rulebook. Although some commenters recommended different measures of creditworthiness for certain exceptions that the final rule amends, the approach the staff is recommending here appears to be, on the whole, a reasonable approach to implementing Congress’s mandate. Accordingly, I am happy to support this recommendation.

  • Flexibility At The Expense Of Clarity: Statement On Adoption Of Exchange Act Rules 9j-1 And 15fh-4(c), SEC Commissioner Hester M. Peirce June 7, 2023

    Date 07/06/2023

    Thank you, Mr. Chair. As we have just heard, today the Commission will vote on finalizing Rule 9j-1, which would prohibit fraud and manipulation involving purchases and sales of security-based swaps, and Rule 15fh-4(c), which would prohibit coercion, manipulation, or deception of a security-based swap entity’s chief compliance officer. Although I agree with the objectives of these rules—namely, to reduce the incidence of misconduct in the security-based swap markets—these final rules leave unaddressed concerns I had at the proposing stage about their breadth, and I accordingly cannot support them.