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Geithner Nixed Dodd-Frank

Bruce Krasting's picture




 
Tim Geithner made a big choice Friday afternoon. He excluded FX spot and
forwards from the Central Clearing requirements of Dodd-Frank ("D-F").
Tim’s words:

Treasury is today issuing a Notice of Proposed Determination providing that central clearing and exchange trading requirements would not apply to FX swaps and forwards.

The basis for Tim’s big decision was made clear in the Treasury announcement:

In contrast to other derivatives, FX swaps and forwards always require both parties to physically exchange the full amount of currency on fixed terms that are set at the outset of the contract.

Okay! Got that? Interbank FX is excluded from D-F because it requires a settlement. Unlike FX futures that have zero expectation of actual cash settlement (AKA: A bet) the FX spot and forward market requires that the parties exchange the currencies.

I think many people will like this distinction. The thinking is that if
actually delivery of a commodity or currency is required, then it is a
commercial transaction and not a bet speculation. But actually those folks don’t understand how the system works. 

Tim Geithner knows how it works inside and out. He worked on the Fed desk in NY. Therefore he knows that the basis for his decision is flawed. The simple answer is that only a small fraction of interbank FX spot and forward transactions are actually settled for cash. They are netted out and settled by an outfit called CLS.

What’s CLS? A good description comes from Tim’s former employer, the Fed:

Is CLS a big deal? Does this outfit settle the lion’s share of all interbank spot and forward settlements? You bet it does. The Feb. numbers were a Multi-Trillion dollar blow out:

As a result of  CLS 98% of all FX spot and forward transactions are netted out and settled with no delivery of the underlying currencies. So the argument that Tim has put forward in defense of his big choice is actually bogus. And he knows it.

*********************************

Let me take you in a different direction on this. A guess on how
the D-F FX market carve-out will be exploited. Follows are three slides
of the spot/forward swap/Euro deposit rates for the AUDUSD. There are a
bunch of numbers (sorry). I circle the numbers to focus on. I’ll try to
make this easy. (Note: all  currency pairs have similar swap rates)

Take the mid point of each of the swaps/rates for one year AUDUSD. Those numbers are:

Swaps = .0505
AUD Euro deposit = 5.43%
USD Euro Deposit = 0.83%
Spot AUDUSD = 1.0970.

Put this together.
The interest differential is 4.60% (5.43 - .83).
The swap differential is .0505, divide that by the spot rate of 1.0970 and you get 4.60%. Bingo!

Some observations on this:

-All forward swaps are = to interest differentials.
-All forward swaps are interest rate derivatives.
-All forward FX swaps have just been carved out of Dodd-Frank.
-One can make a bet on interest rate changes through the swaps market.
-The swaps markets are highly liquid. Forward swaps are available for virtually all currency  pairs.
-If
a financial institution wanted to make a derivative bet on interest
rates AND avoid the central clearing requirements of Dodd-Frank they
could do it with no problem.
-Sharpies will figure this out. (they already have)

Ergo: Dodd-Frank has no teeth.
Ergo: We’re living in Joke Town.

 "Joke Town"

 

 

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Sat, 04/30/2011 - 12:02 | 1224022 mberry8870
mberry8870's picture


I tried to post the following ling on my face book account and got the following message: This message contains blocked content that has previously been flagged as abusive or spammy. Let us know if you think this is an error.

http://www.youtube.com/watch?v=GTQnarzmTOc

Speaking of things that make you go Hmmmmmm....

Sun, 05/01/2011 - 09:43 | 1225296 Old Poor Richard
Old Poor Richard's picture

<snort> You forgot who owns facebook?

 

Before long, anti-Keynesianism will be high treason, the minute they figure out that mocking and marginalizing is no longer effective.  It's not your freedom of speech that threatens TPTB, it's everyone's freedom to listen and understand.

Sat, 04/30/2011 - 12:01 | 1224021 SuperRay
SuperRay's picture

Thanks Bruce for that excellent read.  Keep that two-faced, smarmy SOB on his toes...

Sat, 04/30/2011 - 11:57 | 1224011 SoccerDad
SoccerDad's picture

Daily news like this is truly making me sick to my stomach, Armstrong is right, the rule of law is dead in America.  I have a little bit of Ag/Au to protect myself but, the further we go, the more I feel even that is not enough protection.  Where's that 'blue pill'?  Damn, none left, gave it to my wife and kids to drink down!

Sat, 04/30/2011 - 11:23 | 1223946 DB Cooper
DB Cooper's picture

Bruce - please run for office.  I am so disappointed in Ron Paul.  I don't think he could understand this or it's implications, nor am I sure if he did understand it if he would be able to put together a series of questions for Timmay (and RP is still the only apparent hope we have - sad). They rely on the complexity of the system to con us all.  Thanks for all you do to shine the light on this fraud of a government!

Sat, 04/30/2011 - 20:41 | 1224678 Savyindallas
Savyindallas's picture

Another Denninger crybaby who wants to blame the world's problems on Ron Paul? Grow up. Tune out that asswipe. Try following Mish or somebody  - Denninger is a loser.

Sat, 04/30/2011 - 21:00 | 1224707 banksterhater
banksterhater's picture

dup

Sat, 04/30/2011 - 21:08 | 1224723 Orly
Orly's picture

I thought he made some excellent points.

Of course, the entire idea is moot but it does illustrate how the MSM is completely in bed with the powers that be.

Sun, 05/01/2011 - 11:41 | 1225485 falak pema
falak pema's picture

well that explains why there are so many frustrated faces on MSM screens asking 'what is really going on?'...Their bed room life is not worth singing about...powers are not good bed fellows!! 

Sun, 05/01/2011 - 08:50 | 1225248 Hephasteus
Hephasteus's picture

That's not true. Yahoo said the web was a buzz about some silly hats in the royal wedding. And google trends verified that there was nothing at all about it in the top 20 searches.

Sun, 05/01/2011 - 11:40 | 1225477 Orly
Orly's picture

Maybe you're right.  Maybe all those layers and chromatic abberation anomolies meant nothing at all.

But did you hear LiLo is going to teach acting classes in jail as part of her community service?  OMG!  WTFE!

Sat, 04/30/2011 - 21:00 | 1224706 banksterhater
banksterhater's picture

Denniger dwelling on photo copy dissertations of the birth certificate, he's lost it. Me anyway, gone.

Sat, 04/30/2011 - 20:57 | 1224705 banksterhater
banksterhater's picture

Denniger dwelling on photo copy dissertations of the birth certificate, he's lost it. Me anyway, gone.

Sat, 04/30/2011 - 11:39 | 1223981 Careless Whisper
Careless Whisper's picture

I am so disappointed in Ron Paul.  I don't think he could understand this...

bwahahahahahaha

best belly laugh of the morning

Sat, 04/30/2011 - 11:14 | 1223920 Seasmoke
Seasmoke's picture

Geithner has to be one of , if not the first, to go down

Sat, 04/30/2011 - 10:54 | 1223872 janchup
janchup's picture

It is baffling that so many people do not understand that Geithner in a Bankster Mole whose so reason for existence is to serve his masters.

Sat, 04/30/2011 - 10:51 | 1223869 Arch Duke Ferdinand
Arch Duke Ferdinand's picture

Imperialistic American Empire...Renouncing Empire...

http://seenoevilspeaknoevilhearnoevil.blogspot.com/2011/04/imperialistic...

Sat, 04/30/2011 - 10:53 | 1223867 Seer
Seer's picture

They've all set up a backdoor for themselves, which, above all, is used by the CIA (now under the command of one General Betrayus).

Where's Luke Skywalker when you need him, this empire needs taken out...

Sat, 04/30/2011 - 10:52 | 1223865 D1eeeeeNAHHHHH
D1eeeeeNAHHHHH's picture

Thank you Bruce.  Great insight!

Sat, 04/30/2011 - 10:48 | 1223857 boiltherich
boiltherich's picture

Treasury is an executive branch department, and as we all know the executive branch is supposed to enforce the laws made by congress and and which are judged on constitutional merits and legal compatibility by the supreme court when conflict arises.  But congress does often enact legislation that is either impossible to enforce, not funded, in conflict with existing laws, patently infringes upon human rights, or for some other reason can't or won't be enforced by the executive branch, headed by the president by the way, when you think Timmah stinks or Paulson stank it is really Obama and BushCo before him since that is who the Treasury Secretary answers to. 

There are other examples recently of the executive branch simply refusing to enforce laws congress passed.  One which most of you will not have heard of or care much about was the recent decision by the Obama administration that they cannot enforce the DOMA (Defense Of Marriage Act) because it is onerously and unconstitutionally burdensome to a significant part of Americans.  Congress (radicals in the GOP caucus anyway) is saying that Obama cannot do this, he is not qualified to make a constitutional determination and cannot cherrypick the laws it wants to enforce or ignore.  This is what PH29 was wondering how can the exec just change the law by ignoring it.  Congress (republican leaders in the house anyway) are threatening to sue to force the Obama administration to enforce the DOMA but I doubt it will fly, after all it was the Bush administration that perfected the rule of man over the rule of law, ask Val Plame if you don't believe me.

The bottom line in any constitutional republic is that you can't force the sherrif to enforce laws he finds in conflict with other laws, or contrary to good order, or in this case simply the turf of another branch of government, one with more power, the Federal Reserve.  Anyone that still thinks that the Fed is not a branch of government or that it can be audited, shrunk, eliminated, called to heel, or in any other way controlled just has not been paying attention.

Sat, 04/30/2011 - 11:45 | 1223990 Rainman
Rainman's picture

The Emergency Powers decree, renewed by Obama, blurred all the lines between lawmaking and lawbreaking. It's a favored tool for all tyrants. The Egyptian form lasted 30 years under Mubarak until..... 

Sat, 04/30/2011 - 10:39 | 1223829 I am Jobe
I am Jobe's picture

Woodshed Bitchezzzzzzzzzzzzzzzzzz. Americans are royally fucked. Meanehile enjoy the Lindsey Lohan crap and go shopping at MACY's. Dumb Fucks running the USA to ground.

Sat, 04/30/2011 - 10:33 | 1223817 piceridu
piceridu's picture

BK, a real eye opener. Thanks for the post.

Sat, 04/30/2011 - 10:36 | 1223814 bonddude
bonddude's picture

Isn't it true that of the hundreds of trillions in swap contracts most are interest rate swaps

not the more popularly vilified credit defaults swaps?

Brooksley Borne where are you?

Sat, 04/30/2011 - 10:24 | 1223790 bonddude
bonddude's picture

Damn, too real on a Saturday morning.

I've got to re-read this.

Sat, 04/30/2011 - 10:20 | 1223786 Blagio
Blagio's picture

Thanks for the post.

The decision coming from a guy who can't fill out a 1040, you can be sure he is going to cheat the system for his fellow banksters anyway he can.

Sat, 04/30/2011 - 10:17 | 1223769 Problem Is
Problem Is's picture

Very informative breakdown, Bruce. Thanks...

Sat, 04/30/2011 - 10:01 | 1223734 Hephasteus
Hephasteus's picture

I don't like this joke.

Sat, 04/30/2011 - 12:12 | 1224039 DavidC
DavidC's picture

Me neither.

DavidC

Sat, 04/30/2011 - 09:56 | 1223725 f16hoser
f16hoser's picture

$20 bucks he still picks his nose! Another 20 he eats it!

Sat, 04/30/2011 - 10:13 | 1223767 Problem Is
Problem Is's picture

I hear Timmay still eats elementary school paste... hence the hint of wintergreen on his breath when he screamed at Sheila Bair...

Sat, 04/30/2011 - 09:53 | 1223724 PulauHantu29
PulauHantu29's picture

Please! I'm too busy watching Dancing with the Stars while drinking my Starbucks Moca Frappe with a shot of Hazelnut topped with Pure Whipped Cream sprinkled with those cute red things,,,,,Decaf, of course.

Sat, 04/30/2011 - 11:43 | 1223983 Moe Howard
Moe Howard's picture

What time is American Idol coming on? Thanks.

Sat, 04/30/2011 - 10:11 | 1223721 f16hoser
f16hoser's picture

We all knew DONK wasn't worth the paper it was written on but Fuck Me. Proof positive that the "Rule of Law" is dead in America. Wish I could pick and choose which laws to follow. Geithners' the kind of guy you just wanna take out back to the wood shed and pummel!

Sat, 04/30/2011 - 09:50 | 1223717 Ned Zeppelin
Ned Zeppelin's picture

Another dead-on post by Bruce. More evidence of who serves who.  Of course, there's never been any doubt with Turbotax Timmy, that he's a paid whore of the banks. Wonder why he is sticking with the puny-pay Secy job this long - maybe his deal is a much bigger payoff the longer he stays and does their bidding. Dodd-Frank left open tons of issues to be resolved (er, ah, worked out) after the fact.  You'll be able to drive a semi through the loopholes.  Corrupt, corrupt, corrupt. Same as it ever was.

Like Hank Paulson, Tim is banker-traitor scum.

Sat, 04/30/2011 - 09:40 | 1223699 apberusdisvet
apberusdisvet's picture

Unfortunately most of our Congress critters don't know their ass from a hole in the ground much less a derivative.

Sat, 04/30/2011 - 21:40 | 1224766 NOTaREALmerican
NOTaREALmerican's picture

Not really.   Most of our politician are highly skilled bullshitters who know the stories to sing that causes their true-believers to parrot the same song to others.   Most of them are rewarded with loot from the top 1% that own the country.    It's all Kabuki.    The Kabuki players REALLY know their stuff.  

The trick is life is knowing who the sociopaths (predators) are and who the dumbasses (prey) are.     Trust me, the politicians are NOT the dumbasses. 

Sun, 05/01/2011 - 10:06 | 1225326 Burticus
Burticus's picture

Yep, just another rerun of the Elephant 'n Jackass puppet show, with the same bankster cartel hands in both puppets.

Sat, 04/30/2011 - 09:20 | 1223666 Fox-Scully
Fox-Scully's picture

Please explain to me how the Sec. of Treas. (TG) can alter a law by congress?  Does this not go to the courts?  Please no BS because it is Wash. or it is Timmy.

Sat, 04/30/2011 - 11:00 | 1223887 Captain Benny
Captain Benny's picture

(vi) SWAP AGREEMENT- The term ‘swap agreement’ means-- (I) any agreement, including the terms and conditions incorporated by reference in any such agreement, which is an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, and basis swap; a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange, precious metals, or other commodity agreement; a currency swap, option, future, or forward agreement; an equity index or equity swap, option, future, or forward agreement; a debt index or debt swap, option, future, or forward agreement; a total return, credit spread or credit swap, option, future, or forward agreement; a commodity index or commodity swap, option, future, or forward agreement; weather swap, option, future, or forward agreement; an emissions swap, option, future, or forward agreement; or an inflation swap, option, future, or forward agreement;

Then they can extend this definition, per this paragraph:

(1) IN GENERAL- Notwithstanding any other provision of this title and subsections (b) and (c), the Commodity Futures Trading Commission and the Securities and Exchange Commission, in consultation with the Board of Governors, shall further define the terms ‘swap’, ‘security-based swap’, ‘swap dealer’, ‘security-based swap dealer’, ‘major swap participant’, ‘major security-based swap participant’, ‘eligible contract participant’, and ‘security-based swap agreement’ in section 1a(47)(A)(v) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(v)) and section 3(a)(78) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(78)).

 

I can't find the exact lines that state that the Secretary of the Treasury can make the determination being discussed, but I don't doubt that its in the bill.  Basically this bill is EXTREMELY long and a difficult read.  Just what the banking system wanted.


 

Sat, 04/30/2011 - 23:00 | 1224851 i-dog
i-dog's picture

Just what the banking system wrote.

There ... fixed it for you.

No congresscritter, or group of congresscritters, draft all these new 3,000-page bills. Neither the sponsors nor those voting on them even know, or care, what's in them!

Sat, 04/30/2011 - 11:38 | 1223978 Bruce Krasting
Bruce Krasting's picture

Tks for this info Capt.

b

Sat, 04/30/2011 - 09:49 | 1223716 Cthonic
Cthonic's picture

First you have a statute, then you have the promulgation of the designated enforcing body's interpretation of said statute in the form of regulations.

Sat, 04/30/2011 - 16:09 | 1224393 Manthong
Manthong's picture


Under Cass Sunstein, isn't it more accurately put:

First you have a statute, then you have the promulgation of the designated enforcing body's REPUDIATION of said statute in the form of regulations?

Sat, 04/30/2011 - 09:44 | 1223705 breezer1
breezer1's picture

by decree. 

Sat, 04/30/2011 - 09:17 | 1223662 DeadFred
DeadFred's picture

Duplicate

Sat, 04/30/2011 - 09:16 | 1223661 DeadFred
DeadFred's picture

When someone lies to you, and you know they know they're lying, grab your wallet.  It always means there's a con afoot, but what is it?  Is it simply that the banks have the go ahead to gamble in the currency market.  If this is the only sandbox they are allowed to play in, what will their manipulations so to the FX market?

Sat, 04/30/2011 - 21:58 | 1224785 Missing_Link
Missing_Link's picture

Yes, but while the con's going on, something will happen in the market.  What will be happening, and how do I make money from it?

Sat, 04/30/2011 - 09:11 | 1223653 disabledvet
disabledvet's picture

Comex can't default. That's the "line in the sand."  "Take delivery of the PM's?  Or hand over the 10 trillion in treasuries Chicago?"  What did Clint Eastwood say?  "I know what your thinking punk, did i fire 5 shots or six?  Well...in all the commotion...

Sat, 04/30/2011 - 09:07 | 1223652 Careless Whisper
Careless Whisper's picture

5 star post

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