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Little Sense Banning Banks From Derivatives

Banning banks from derivatives makes little sense, unless we bring back Glass-Steagall by restricting banks to taking deposits, making loans and holding government debt.

Derivatives are as ancient as civilization.

Greek farmers insured crops with investors prepared to speculate on the weather, just as life insurers hedge mortgage-backed securities by purchasing credit default swaps.

When written against real assets -- farmers' crops or homes -- derivatives spread risk, lower capital costs and foster growth.

Like any other financial contract, derivatives can be abused and the big bonus culture on Wall Street has given us some high-profile shenanigans.

How derivatives are regulated or overregulated is central not just to curbing excess, but to ensuring that farmers can plant, home buyers can borrow, and businesses can invest.

Controversy about reform centers around three issues: creating a platform similar to commodities future exchanges to push some 95% of trading from the over-the-counter market into those exchanges; banning banks -- institutions taking government guaranteed deposits -- from running trading desks and holding positions; and limiting synthetic securities.

Derivatives often have specialized purposes. For example, chemical manufacturers and life insurers have exposures to energy prices and interest rate movements that vary a lot and these companies need specialized hedges. Pushing virtually all transactions through standardized contracts on public platforms will work poorly, concentrate risks and lower economic growth.

Virtually all of the 200 banks that failed over the last two years had no trading desk. Most failed making lousy loans and investing in poor commercial mortgage- backed securities. Now, investment banking activities - yes, trading -- is helping to redeem


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Banning banks from derivatives makes little sense, unless we bring back Glass- Steagall by restricting banks to taking deposits, making loans and holding government debt. Congress has no stomach for that.

Banks provide trust services and make markets in municipal and state bonds --both vital services. Banks need to hedge positions, and the recent financial crisis would not have been averted had

JPMorgan Chase

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and other

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been banned from derivatives trading.

Estimates of the SWAPs market range from $450 to $600 trillion in a global economy less than one-fifth that size. The market is so large because speculators are writing synthetic securities, positions on securities that neither party owns. It's like buying insurance on a North Carolina beach house you don't own.

The scale of those markets can instigate financial calamity when underlying asset prices abruptly move -- for example, housing prices after 2006 -- and synthetic securities do little to mitigate risk and aid investment and growth in the real economy.

Arbitrary limits won't work. Derivatives are simple contracts among consenting adults, and we know how laws to enforce private morality work. They don't!

We can require banks, licensed securities dealers and the like to only sell contracts when the originating party posts adequate resources to pay if prices drop abruptly on underlying assets. That was missing at


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when its house of cards collapsed and would limit the scale of the market.

The rest that is being proposed is Washington excess; fixing what is not broke and breaking what is running better than we now recognize.

Professor Peter Morici, of the Robert H. Smith School of Business at the University of Maryland, is a recognized expert on economic policy and international economics. Prior to joining the university, he served as director of the Office of Economics at the U.S. International Trade Commission. He is the author of 18 books and monographs and has published widely in leading public policy and business journals, including the Harvard Business Review and Foreign Policy. Morici has lectured and offered executive programs at more than 100 institutions, including Columbia University, the Harvard Business School and Oxford University. His views are frequently featured on CNN, CBS, BBC, FOX, ABC, CNBC, NPR, NPB and national broadcast networks around the world.