EACT Response to ESMA/EBA/EIOPA discussion paper on risk mitigation techniques for OTC derivatives

The EACT has responded to the discussion paper from ESMA/EBA/EIOPA on risk mitigation techniques for OTC derivatives. "The crucial areas covered by the document concern the potential requirements for collateral on OTC derivative transactions by corporates - 'where the corporate concerned is above the 'clearing threshold' and the contracts cannot be cleared through a CCP. "We are making two particularly important points: that there appears to be a fundamental inconsistency in the regulatory suggestion that banks should not be allowed to take a limited credit position on their OTC derivative activity with corporates, whilst banks are at the same time free to take credit risk through their lending activities; and that we are strongly opposed to a one-way exchange of collateral between the banks and corporates.  Our response is here and you can view the ESMA/EBA/EIOPA discussion paper here.