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End users and FCMs warn proposed capital and margin changes could curb farmers' access to hedging

Commodity Futures Trading Commission (CFTC) · June 5, 2024
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Summary

End-user representatives and clearing firms at AgCon warned that Basel III bank capital proposals and changes to exchange margin models (SPAN 2) may raise costs and reduce the number of clearing firms willing to onboard smaller hedgers, risking access for farmers and ranchers.

Speakers from clearing firms and commercial end users told a CFTC panel in Kansas City that longstanding consolidation among futures commission merchants, together with new capital and margin methodologies, could reduce hedging options for smaller agricultural producers.

"We trade bushels but the exchange turns that into risk dollars," said Matt Highcamp of RG O'Brien, describing how exchanges translate physical-commodity transactions into margin requirements that determine clearing capacity. Highcamp and other panelists said FCMs now "interview" prospective clients, requesting sample portfolios and capital metrics before onboarding.

Panelists cautioned that some proposed banking regulations could make margin funds appear on bank balance sheets and raise funding costs. An end-user panellist said producers do not use derivatives to acquire risk but to offset it, and that the loss of affordable clearing would fall hardest on the least-resourced hedgers.

Speakers also discussed SPAN 2, an exchange margin methodology set to roll out sector-by-sector. While SPAN 2 can deliver more risk-sensitive margining at exchanges, panelists said the shift can create mismatches when banks calculate longer periods of risk for capital purposes — potentially raising clearing costs for clients even if exchange-side margin falls.

The National Futures Association representative noted steps taken since 2013 to strengthen customer protection and reporting, and warned that cyber risks and third-party-service dependence (citing prior third-party outages) add operational fragility that can compound access problems.

Panelists urged producers to understand their capital footprints, maintain open communication with margin clerks and bankers, and press regulators to factor end-user impacts into debates about bank capital and margin-model reform.