About a-team Marketing Services
The knowledge platform for the financial technology industry
The knowledge platform for the financial technology industry

A-Team Insight Blogs

SEC’s Cox Calls for Congress to Regulate CDS Market, Continues Debate with CFTC About Jurisdiction

Subscribe to our newsletter

Originally appeared in MiFID Monitor

Securities and Exchange Commission (SEC) chairman Christopher Cox has repeatedly urged the US Congress to pass legislation concerning the oversight of the credit default swap (CDS) market. Cox again made a plea to the US government last week to provide regulation of the sector as a matter of urgency. However, Bart Chilton, commissioner of the Commodity Futures Trading Commission (CFTC), who has also been campaigning for CDS regulation, says that oversight should remain under the jurisdiction of the commodity futures regulator.

It is widely agreed that the OTC credit derivatives sector is in need of stronger regulation. For example, the recent failure of American International Group (AIG) and its subsequent need for government bailout have been attributed to its exposure to the CDS market. Accordingly, the firm’s two recent chief executives, Martin Sullivan and Robert Willumstad, have both given public support to the introduction of further regulation in the market.

However, exactly who will be responsible for enforcing this regulation is still up for debate. The subject of CFTC’s regulatory scope with regards to CDSs will be discussed this week during hearings of the House and Senate agriculture committees, which have jurisdiction over the CFTC. Unfortunately, these discussions will not deal with the issue of which regulatory body (CFTC or SEC) will perform regulatory oversight over the sector in the long run.

There have been calls in the past for the SEC’s role to be expanded to cover the regulation of swaps and, last week, Republican Edward Markey reintroduced a bill that would expand the SEC’s coverage of derivatives. Currently, swaps are not defined as securities because they are traded off exchange and thus do not fall under the SEC’s remit.

Talks about the imminent establishment of clearing bodies for the CDS market are also ongoing at the moment, as market players including CME Group, Eurex and ICE provide more details about their respective planned platforms. It seems that against a background of a regulatory turf war and a battle for supremacy in the clearing house market, it is no wonder that the sector is experiencing such turbulence.

Subscribe to our newsletter

Related content

WEBINAR

Recorded Webinar: Unpacking Stablecoin Challenges for Financial Institutions

The stablecoin market is experiencing unprecedented growth, driven by emerging regulatory clarity, technological maturity, and rising global demand for a faster, more secure financial infrastructure. But with opportunity comes complexity, and a host of challenges that financial institutions need to address before they can unlock the promise of a more streamlined financial transaction ecosystem. These...

BLOG

Data Readiness is No Longer Optional for Banks

By Stuart Harvey, Chief Executive of Datactics. In a landscape marked by increasing regulatory scrutiny and accelerating digital change, data has long since shed its role as a by-product of banking operations and is now a critical strategic asset. The speed at which institutions must demonstrate data integrity, quality, and accessibility has made compliance not...

EVENT

AI in Data Management Summit New York City

Following the success of the 15th Data Management Summit NYC, A-Team Group are excited to announce our new event: AI in Data Management Summit NYC!

GUIDE

Regulatory Data Handbook 2025 – Thirteenth Edition

Welcome to the thirteenth edition of A-Team Group’s Regulatory Data Handbook, a unique and practical guide to capital markets regulation, regulatory change, and the data and data management requirements of compliance across Europe, the UK, US and Asia-Pacific. This year’s edition lands at a moment of accelerating regulatory divergence and intensifying data focused supervision. Inside,...