Chairman Garrett and Ranking Member Waters,
Thank you for scheduling today’s hearing on Congressmen Dold and Moore’s bipartisan legislation to address the
indemnification provisions and modify the confidentiality requirements in the Dodd-Frank Wall Street Reform and
Consumer Protection Act (DFA). I appreciate the opportunity to testify and bring greater attention to the unintended
consequences of provisions that have the potential to fragment the current global data set for over-the-counter (OTC)
derivatives and derail efforts to increase transparency and help regulators mitigate risk in this marketplace.
Over the past year, DTCC, among others, has been raising concerns over the impact of the DFA’s broad extraterritorial
reach, particularly as it relates to the confidentiality of market data and the indemnification agreement provisions of
the law. These concerns have been echoed by regulatory officials and policymakers globally, including by representatives
of the European Parliament, European Commission and Council, by Asian governments and by both Republican
and Democratic Members of the U.S. Congress.
This Subcommittee’s leadership is vital as there is a clear need to shine a light on these technical provisions of the
DFA – provisions that, if not addressed, risk decreasing the current level of transparency into OTC derivatives markets.
Having a bipartisan group of Members in both the House and Senate recognize the unintended consequences of these
provisions and commit to working within Congress and with policymakers internationally to develop a mutually agreeable
resolution is very promising.
Download the Congressional Testimony: Testimony before the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises