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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.[1] 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.
Opening Statement Of CFTC Commissioner Summer Mersinger Regarding CFTC Open Meeting On June 7, 2023

Date 07/06/2023

Good morning, and thank you to everyone who is joining today’s Open Meeting here at the Commodity Futures Trading Commission (CFTC) conference room and those joining us remotely. Open public meetings are critical to the notice and comment rulemaking process, and the more members of the public we can reach, the better the process. Transparency in the regulatory process is a Core Value at the CFTC, and is foundational to good governance.
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.
Statement Of CFTC Commissioner Christy Goldsmith Romero: Promoting The Resilience Of Swap Dealers In Europe Through Strong Capital Requirements And Financial Reporting - The CFTC’s Proposed Comparability Determination For European Swap Dealer Capital Requirements

Date 07/06/2023

Today, the Commission considers efforts to safeguard the resilience of four swap dealers in the European Union (“EU”).[1] The proposal is part of the Commission’s “substituted compliance” framework—a framework that promotes global harmonization with like-minded foreign regulators that have rules, supervision and enforcement that are comparable in purpose and effect to the CFTC. Our capital rules are a critical pillar of the Dodd-Frank Act reforms. We must ensure that our comparability assessments are sound and do not increase risk to U.S. markets.
Statement Of CFTC Commissioner Goldsmith Romero: The Public's Interest In Transparency Accountability, Predictability, And Effective Oversight In Clearinghouse Governance - Final Rule: Governance Requirements For Derivatives Clearing Organizations

Date 07/06/2023

Transparency, accountability, predictability, and effective Commission oversight—these are the public interests that I wrote last summer in the description of our proposed governance rule. These public interests are foundational to clearinghouse resilience. They remind us that the impact of market disruptions and stress is felt the hardest by farmers, ranchers, and producers, who face rising inputs, and hardworking American families who may have to pay more to feed their family, drive their car, or cool and heat their homes.
Statement Of CFTC Commissioner Christy Goldsmith Romero On Strengthening And Modernizing Large Trader Reporting Requirements For Transparency And Market Integrity

Date 07/06/2023

At my confirmation hearing for this role, I testified, “If confirmed, my highest priority would be to work to ensure that the markets are working well—that they are open, fair, and competitive….Whether focused on hard commodities like agriculture, energy, or metals, or on the financial sector, the Commission plays a critical role in ensuring that these markets work well. That starts with the Agricultural sector—the farmers, ranchers, and producers our nation depends on—to put food on our tables and contribute to our nation’s economic activity. For our farmers and ranchers to help drive our economy and feed the world, they need U.S. derivatives markets for risk management and price discovery.”