OTC derivatives: The G20 and New Risks Ahead

Abstract

Over-the-counter (OTC) derivatives played an important role in the build-up of systemic risk in financial markets before 2007 and in spreading volatility throughout global financial markets during the crisis. In recognition of the financial and economic benefits of derivatives products, the Group of Twenty (G20), under the auspices of the Financial Stability Board (FSB), moved to regulate the use of OTC derivatives. Although a number of scholars have drawn attention to the detrimental effects of the United States and European Union (EU) to coordinate OTC reform, this overlooks an important aspect of the post-crisis process: the exemption of non-financial operators from OTC derivative regulatory requirements, especially Sovereigns. Critically, they remain exempt under existing legislation regardless of the risks they continue to pose through unreported trades and counterparty risks to financial firms; there is still uncertainty around the pricing of derivative (i.e., model risk) for non-financial operators that could pose a risk to the financial system. These, and similar inconsistencies in financial regulation pose risks of conflict and fragmentation that should be soon addressed by the G20.