Are We There Yet? Progress on International OTC Derivatives Reform


On 11 October 2011, the Financial Stability Board (the “FSB”) published its second progress report (the “Report”) and accompanying press release on the implementation of reforms to the over-the-counter (“OTC”) derivatives market. This follows its initial progress report published on April 15, 2011, in which it expressed concern regarding many jurisdictions’ likelihood of meeting the end of 2012 deadline set by the G-20 and warned that to achieve this target, jurisdictions needed to take “substantial, concrete steps” toward implementation urgently. The Report, which comes out merely one year before the end of 2012 deadline, contains a more detailed review of progress towards meeting the commitments reached at the G-20 Pittsburgh summit in September 2009, to be enforced by end of 2012, including:

• all standardised OTC derivative contracts will be traded on exchanges or electronic trading platforms and cleared through central counterparties, where appropriate;

• OTC derivative contracts will be reported to trade repositories (“TRs”); and

• non-centrally-cleared contracts will be subject to higher capital requirements.

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