CFTC to Delay Dodd-Frank Swap Rules

The Commodity Futures Trading Commission (CFTC) will delay some votes on Dodd-Frank swap rules until 2012.

(September 8, 2011) — The Commodity Futures Trading Commission (CFTC) has delayed some votes on Dodd-Frank rules for the $600 trillion derivatives market until 2012.

“The realities of this schedule will push the clearing and trading mandate to approximately the third quarter of 2012,” Scott O’Malia, Republican commissioner, said Thursday.

CFTC Chairman Gary Gensler added that several major new rules for the over-the-counter derivatives market will include rules on how much cash companies need to set aside to guard against losses on derivatives bets. The delay marks the second time that the agency has needed additional time to finalize rules to reduce risk and heighten transparency in the swaps market. In June, the agency said it would miss deadlines to finalize several new derivatives rules.

In April, as part of the Dodd-Frank law, financial regulators approved a 300-page proposal to define a new swaps plan to explain which agency — the Securities and Exchange Commission or the Commodity Futures Trading Commission — will regulate what types of transactions. The proposals provided the market with increased clarity, as regulators have faced scrutiny and mounting criticism for not acting on the swaps definitions rule sooner.

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Under the proposals — aimed at limiting risk and boosting transparency in the global swaps market — swaps include foreign exchange swaps and forwards, foreign currency options, commodity options, cross-currency swaps, and forward rate agreements. An exemption would apply to certain insurance products, consumer and commercial transactions.

President Obama signed the Dodd-Frank financial regulation bill last July, giving the CFTC and SEC oversight of the OTC derivatives market while forcing most swaps to be cleared on a regulated exchange. Obama’s signature marked a legislative push that has become increasingly aggressive since the 2008 financial crisis pummeled the US economy.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Obama’s Infrastructure Push: What Does It Mean for Institutional Investors?

With President Barack Obama likely set to propose an infrastructure bank, institutional investors will be watching Washington closely.

(September 8, 2011) – With President Barack Obama proposing a national infrastructure push in his speech before Congress Thursday evening, institutional investors will be closely watching what programs eventually emerge from Washington.

One potential option: an infrastructure bank. A bank – which many commentators expect would provide relatively small amounts of public capital and loan guarantees in order to entice private investors into infrastructure investments – is not a new idea. It has, however, emerged as a leading contender in the effort to boost the economy and a lagging job market in the United States.

If President Obama’s expected plan can pass through a sharply divided Congress, some infrastructure investment experts believe that it will be good for the US economy – as well as for large pensions and other infrastructure investors.

“It’s unclear whether it’s a bank, or different proposals to add additional capital to existing programs – but regardless, the principle of the federal government supporting states and municipalities in further investing in infrastructure – improving maintenance and standards, and expanding it – is great,” says Mark Weisdorf, CEO of the Infrastructure Investments Group at J.P. Morgan Asset Management and former head of Private Market Investments at the Canada Pension Plan Investment Board (CPPIB). “It’s good for three reasons. One, it will help create jobs in the short term. In the medium term, it will make [America] more productive and competitive. Third, with respect to investment opportunities, the administration and many state and municipality administrations have for some time been saying that any investment in infrastructure by governments should attract more private-sector capital.”

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From the standpoint of asset owners, Weisdorf also sees benefits. “There is a fourth reason as well,” he adds. “The reality is that infrastructure is perfect for pension plan and institutional investors. Its characteristics include low-volatility, and relatively predicable and growing cash flows whose returns are very diversified, and that are a great match to institutional investor liabilities. There are also inflation protection benefits.”

In terms of which infrastructure sub-sectors he likes, Weisdorf is bullish on regulated utilities, gas infrastructure, and water/waste-water assets. “We like regulated utilities for two reasons,” he says. “We see slow growth in the economy in the next decade, and in this environment, these assets generate reasonably attractive risk-adjusted returns. Also, we see the prospect for rising interest rates and inflation – not in 2012, necessarily – but when they start to increase, you’re going to have regulators pass on those costs to consumers in terms of increased rates.” Because of recent discoveries of shale gas in America, as well as the high price of oil, he also sees infrastructure relating to this trend as a good investment for pensions. “Oil will stay high in price, and because of shale gas and other natural gas discoveries, the price will stay low. The US may even become an exporter given the size of the discoveries. As a result, we see a need for gas pipelines.”

Whether President Obama’s plans can in fact pass through Congress is far from certain, of course. Representative Eric Cantor (R-VA) – a leading House Republican who in recent months has sharply opposed the President’s agenda – expressed doubts Thursday regarding the infrastructure bank idea, telling a Christian Science Monitor roundtable that “I am one who agrees with the notion that an infrastructure bank is almost like creating a [Fannie] and Freddie for roads and bridges,” referring to the mortgage-guarantee giants that faltered badly during 2008 and that had to be rescued by the federal government. Yet infrastructure bank or not, such investments are a favorite of large institutions – and are likely to remain that way.

[This article has been edited from its original format.]



<p>To contact the <em>aiCIO</em> editor of this story: Kip McDaniel at <a href='mailto:kmcdaniel@assetinternational.com'>kmcdaniel@assetinternational.com</a></p>

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