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[ M A R K E T R E V I E W S ome might say that the swaps market is complicated enough without the added complex- ity of regional differences. Yet things have panned out that way since the tightening of derivatives rules post-financial crisis. Despite the lofty ideals, implementation of the G20 global derivatives reforms has not been smooth. Since the financial crisis, swap venues set up in the US and Europe have evolved in regional isolation which in turn has led to a bifurcation of liquidity. It has not helped the global picture, say participants. “You have regulatory bodies seeking to bring markets into com- pliance with the new regulatory intent on their own soil but in some ways underestimating potential global implications of their actions and rules” says Neil Treloar, director, strategy and business development at interdealer broker Tradition. “They should be looking at these global implications more carefully to align market structure and bring solutions to the table that enhance efficiency in global markets.” The different levels of prog- ress in US and EU rules has been given greater prominence with the advent of the Markets in Financial Instruments Directive (MiFID II) next year which has the potential to unbalance swap trading even further. While regulators on both sides of the Atlantic have been working on various formulae for equivalence for a number of years progress has been slow. Hence the announcement in December, by the US Commodity Futures Trading Commission (CFTC) chair Chris- topher Giancarlo and European Commission (EC) vice-president for financial services Valdis Dom- brovskis that the authorities have finally hit on a deal for equiva- lence—just in time for the MiFID II 50 TheTrade Winter 2017 | S W A P S ] deadline—was greeted with mixed enthusiasm. Some believe that it is a big step in the right direc- tion, others that the details fail to address some of the crucial parts of the equivalence jigsaw. A long time coming So how will this take shape and who does it benefit? The December statement seeks to ensure that EU participants will be in compliance with MiFID II when trading on US swap execution facilities (SEFs). The EU narrowed its coverage for swaps that fall under the MiFID II trading obligation—interest rate swaps and index credit default swaps are in, but many types of foreign exchange derivatives are not. At the same time, the question of US counterparty equivalence in Europe remains. The CFTC asked the EU to issue an order of exemp- tion for US-registered counterpar- ties trading on European multilat- eral trading facilities (MTFs) and organised trading facilities (OTFs) but does not yet have equivalence on its side. “The SEF equivalence appears to be in line with expectations being a straight equivalence determi- nation for DCMs and SEFs,” says Julian Hammar, a lawyer in the derivatives practice at Morrison & Foerster. “We have to wait on the CFTC piece but I can’t say that is a problem unless there is some big delay.” Despite the progress, participants remain wary of regulatory efforts. With less than a month to go to Mi- FID II, some have questioned why the rules have been so long in com- ing and even whether the CFTC equivalence segment will, in fact, be in place before the end of the year. A similar attempt to harmo- nise trading venue rules occurred a few years ago with the CFTC’s planned introduction of qualify- “We are running out of time.” RADI KHASAWNEH, SENIOR FIXED INCOME ANALYST, TABB GROUP ing multilateral trading facilities (QMTF) which would have been granted equivalent status in both jurisdictions. It proved a failure. “The QMTF initiative failed two years ago because it was far too granular and adopted a rules-based approach,” says Treloar. “They wanted MTFs to have the same rules as SEFs which was unwork- able and therefore failed. Hopefully the respective regulators in the US and Europe have learned from that experience.” Refusing to budge Having a common standard for swap venue rules is overdue and has had an impact on market li- quidity. According to a study by the International Swaps and Deriva- tives Association (ISDA) published in 2015, global derivatives markets have fragmented along geographic lines since the US introduced its SEF rules in 2013. The trade body found that 94.3% of European in- terdealer volumes in euro interest rate swaps was traded between European dealers in 2014, a change which coincided with the intro- duction of SEFs. In particular, it seems that it is smaller institutions or those without a global presence, have suffered most. “Smaller institutions have not wanted anything to do with US CFTC regulations so they have refused to deal anywhere a US per- son is involved,” says one market participant who asked not to be named. “This is causing liquidity issues. If there is a liquidity pool and they have to trade with a US person they won’t.”