UPDATE:CFTC Amends ICE Futures Europe Pact To Offer US Trading
20 Agosto 2009 - 3:04PM
Dow Jones News
The U.S. Commodity Futures Trading Commission announced Thursday
it plans to impose additional regulatory oversight on ICE Futures
Europe in exchange for allowing it to continue offering traders
access to its electronic trading terminals in the U.S.
The new conditions are designed to help the agency better
oversee contracts that ICE offers which are linked to the prices of
futures contracts traded on the New York Mercantile Exchange.
Under the new arrangement, IntercontinentalExchange Inc.'s (ICE)
ICE Futures Europe must provide the CFTC with audit trail data for
all contracts it offers that are tied to U.S. contracts.
It also must grant CFTC staff access to the exchange through
on-site visits to ensure compliance and provide staff with other
things including advanced copies of all rules and disciplinary
notices.
Additionally, if the CFTC takes emergency action to suspend
trading on a Nymex contract, ICE Futures Europe must also take
emergency action if it offers a similar look-alike contract.
CFTC Chairman Gary Gensler also said Thursday in a related
announcement that he has ironed out a deal with the U.K.'s
Financial Services Authority to enhance cross-border surveillance
of the oil markets. The FSA is the primary regulator for ICE
Futures Europe, which is in London.
"The CFTC must ensure that U.S. commodity markets operate fairly
and efficiently and are free from fraud, manipulation and other
market abuses," CFTC Chairman Gary Gensler said. "Today's action
further ensures that the CFTC has the tools necessary to carry out
its surveillance and enforcement mission while promoting market
integrity in the energy markets."
The CFTC's arrangements with ICE Futures Europe in the past have
been heavily criticized by U.S. lawmakers like Sen. Maria Cantwell,
D-Wash. Cantwell asked Gensler several months ago to revoke ICE
Futures Europe's permission to offer trading terminals in the U.S.
amid fears the CFTC was relying too heavily on European regulators
to oversee the look-alike contracts.
ICE Futures Europe, which has been providing data about its
U.S.-linked contracts to the CFTC now since 2006, reacted
positively to the latest regulatory changes.
"We welcome the CFTC-FSA statement and will continue to work
closely with regulators around the world to ensure the effective
operation of global oil markets," said David Peniket, the president
and chief operating officer of ICE Futures Europe.
"ICE Futures Europe has a 30-year track record as a regulated
futures exchange performing rigorous surveillance, regulatory and
compliance functions. We will continue to work with the FSA and
CFTC to ensure full compliance with all terms," he added.
For years now, the CFTC has allowed ICE Futures Europe to offer
U.S. traders access to its electronic terminals. The arrangement
was granted to ICE in the form of a "no-action letter," which
considers ICE Futures Europe to be a foreign board of trade.
No-action letters are granted by CFTC staff and allow firms who
request them to get around certain regulations without fear of
enforcement action. But the agreement came under fire in 2006 after
ICE Futures Europe began offering several futures and options
contracts that were cash-settled based on the prices of several
U.S. contracts, such as Nymex's West Texas Intermediate crude
oil.
Critics feared the look-alike contracts could be used to
manipulate or excessively speculate on oil prices. Additionally,
critics claimed ICE Futures Europe didn't deserve a designation as
a foreign board of trade because its parent company,
IntercontinentalExchange, is based in Atlanta.
ICE and the FSA agreed at the time to start providing the CFTC
with large trader data on the contracts on a weekly basis, but
criticism of the deal surfaced again last year when oil prices
sky-rocketed.
The CFTC again struck another deal with ICE Futures Europe and
the FSA last summer to beef up oversight of the contracts. That
agreement allowed the CFTC to receive the data on a daily basis and
it imposed speculative trading limits on ICE's contracts that were
equivalent to Nymex's trading limit restrictions.
When Gensler became chairman of the CFTC earlier this year, he
vowed to review the entire no-action process and scrutinize every
letter that has been granted over the years for everything from
registration exemptions to exemptions granting speculative traders
permission to legally exceed buying limits on agricultural
commodities.
This latest agreement with ICE aims to give the CFTC a more
hands-on approach to regulating the contracts and allows the CFTC
to conduct on-site investigations as needed. In the past, the
agency only made informal visits to the exchange.
The CFTC's latest news comes just one day after Gensler stunned
the markets with a major announcement that the CFTC is revoking two
other no-action letters that gave Deutsche Bank AG (DB) and Gresham
Investment Management permission to bypass trading limits.
The agency is also contemplating imposing market-wide trading
restrictions on energy products.
-By Sarah N. Lynch, Dow Jones Newswires; 202-862-6634;
sarah.lynch@dowjones.com