Implementation
When Congress passed the new reform bill this past July, it determined mandatory speculative position limits were required. Of the more than 40 rules that the CFTC is required to promulgate, most are required to be completed by next July. Only a few have shorter deadlines. Mandatory position limits are in that small group and are required to be implemented by mid-January for energy and metals contracts.
You may have read news stories recently where some say we canât make that deadline, shouldnât make that deadline, need to hold off until we get more data or better data so that the levels can be calculated with exact specificity. In an idyllic world, that might be fine. Congress, however, gave the agency the earlier implementation date for a reasonâso that we put limits in place now, not some later time of our choosing. Additionally, the law provides no such authority for regulators to delay the imposition of these limits. There is no regulatory escape valve.
That hasnât, however, slowed some folks down. There are creative suggestions for ways around the implementation requirement. Some proffered that the agency formally approve a final rule and consider that step as âimplementationâ under the law. At the same time, the rule would not make the limits effective until sometime in the future. They essentially propose the agency implement a rule on time without implementing it on timeâwithout making it effective. If that sounds convoluted, it is. That sort of dancing on the head of a legal pin is exactly the variety of Washington-speak that makes folks in our country furious. Iâd also bet that those in Congress who wrote the provision would have an opinion on the matter.
When President Obama signed the new law, he said the reforms ârepresent the strongest consumer financial protections in history.â The mandatory position limits provision is one of those consumer protections. The CFTC has an obligation to do what Congress and the President instructed us to do . . . and on time.
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