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Posts Tagged ‘Chris Martenson’

Chris Martenson: Sammanbrottet kryper närmare

April 19th, 2011 2 comments

Rekommenderar att läsa följande inlägg från den briljante Chris Martenson, som inte oväntat också verkar se en acceleration av den statsfinansiella kollapsen, som vi talade om igår, och som dessutom tror att vi är mindre än ett år ifrån nästa finansiella sönderfall.

Här är ett utdrag:

Things are certainly speeding up, and it is my conclusion that we are not more than a year away from the next major financial and economic disruption.

Alas, predictions are tricky, especially about the future (credit: Yogi Berra), but here’s why I am convinced that the next big break is drawing near.

In order for the financial system to operate, it needs continual debt expansion and servicing. Both are important. If either is missing, then catastrophe can strike at any time. And by ‘catastrophe’ I mean big institutions and countries transiting from a state of insolvency into outright bankruptcy.

In a recent article, I noted that the IMF had added up the financing needs of the advanced economies and come to the startling conclusion that the combination of maturing and new debt issuances came to more than a quarter of their combined economies over the next year. A quarter!

Categories: Statsfinanser Tags:

Alert: Nuclear (and Economic) Meltdown In Progress

March 16th, 2011 3 comments

Senaste från Chris Martenson. Läs!

Wednesday, March 16, 2011, 4:05 pm, by cmartenson


Important note:

It is with a heavy heart that I am now issuing the highest level alert to my readers than I have to date. The threshold for an alert is one or more world events that personally cause me to take action.

I’m making this alert publicly available less than 36 hours after releasing it to my enrolled subscribers given its importance and the speed at which events are accelerating.

The substance of this alert centers on the unknown aftershocks that may result from the world’s third largest economy, Japan, rapidly shifting from an exporter of funding to a consumer of it. In situations like these, we are by definition operating with incomplete and often confusing information, and events are developing more rapidly than they can be fully analyzed and internalized. We regret in advance any mistakes that we might make due to making calls and decisions in this highly fluid environment.


This alert warns you that major world-changing events are now underway and that your personal preparations for an uncertain future should either be completed or take on a new sense of urgency. On the basis of the information contained here and in the past two days of posts, I am personally ratcheting up my preparations, making purchases, and topping off what needs to be topped off.

Important caveat:  At this point in time, I cannot fully support 100% of my concerns with hard data and evidence. Some of what has tipped me into this state of urgency is data, evidence, and stories that I can point to. Some is due to the absence of data or information, the remainder results from watching market gyrations and correlations shift into new patterns, which tell me something is afoot.

I have not been this concerned since October of 2008.

Some Background

Within hours of learning of the event at Reactor 1 in Japan, I had looked at the evidence available, drawn a few conclusions, and then checked to see what the experts were saying. Never quite sure of what sort of personal and/or professional limitations are in play, I rarely start with anyone’s assessment but my own. It’s part of trusting myself and it has worked remarkably well for me and my subscribers over the years.

Here’s what I wrote in the blog on the morning of Saturday, March 12, 2011 on Japan’s nuclear incident:

There have been reports from Japan’s nuclear agency that radioactive cesium and iodine were detected outside of the facility, which can only happen if the core has been exposed somehow. Perhaps that’s all under control now, but the evidence for very high temperatures, the explosion of the containment building, a 12-mile evacuation zone, and the presence of cesium and iodine all indicate that perhaps the complete situation is not being shared with the public.

If you live in Japan, you should be heading well upwind of this facility and have potassium iodide pills on hand. I would personally be reading the wind forecasts and assuring that I was upwind.

My expertise involves making sense of the world in relatively short order. It also helps me smell B.S. remarkably quickly, especially from official sources. The nuclear situation in Japan struck me from the outset as being rather more serious than described, and this has proven true. I take no pride in this particular ‘victory,’ and instead feel the burden of having to be the bearer of bad news.

The nature of this alert is to let you know that I consider the chance of a renewed round of economic and fiscal crises to result from the chaos that is currently engulfing Japan and the MENA region to be extremely high.

A Global Meltdown

For decades, the world has been running its own nuclear-style reaction, only in the currency and debt markets, where exponentially-accelerating piles of debt and money have spun about faster and faster in a gigantic, complex, coordinated reaction, the core of which is, and always has been, the United States.

At the very center of this ungainly money reactor is the main fuel pile itself, the US Treasury market. With any interruption to smooth flow of money through this pile, it will immediately become unstable.

The threat I see goes like this:

Stage 1: The world watches, riveted, as Japan suffers a tragic and horrible earthquake and tsunami, but as horrifying as these are, they are localized phenomenon affecting a relatively small percentage of the country. The real trouble lurks within damaged nuclear plants, which are now ruined and will never again produce electricity for Japan, creating instant shortages that will take years to remedy. Worse, a dangerous plume of radioactivity is carried south by winds. Tokyo partially empties and shuts down for all practical purposes.

Stage 2: The abrupt slow down of the world’s third largest economy alters the smooth flow of cash around the globe, and even causes reversals of some other long-standing flows. Chaotic eddies emerge in a decades-old pattern of ever-increasing flows of money into and out of the money centers, and various carry-trade and other interest-rate-sensitive strategies blow up. Manufacturing in Japan screeches to a halt, disrupting just-in-time manufacturing strategies both internally and across the globe.

Stage 3: In order to fund the rebuilding effort, Japan has to buy a lot of items from foreign suppliers at the same time that its exports plunge precipitously. At first Japan simply does not participate in US Treasury auctions, leading to a shortage of buyers. But eventually Japan has to sell some of its vast hoard of US bonds in order to pay for external items needed for its reconstruction. Further, insurance companies, huge holders of US bonds, face stiff liability claims in the wake of the worst natural disaster to hit a heavily industrialized center and are forced to redeem enormous amounts of Treasury paper. US Treasury yields begin to climb.

Stage 4: Continuing unrest in the MENA region serves to keep oil elevated and local funding needs high, while Europe’s weaker players (the PIIGS) continue to slip under the waves. Money continues to ebb away from the US Treasury market. Forced by circumstance, the Federal Reserve reverses its linguistic course and opens the monetary floodgates once again. There’s nothing like a crisis to justify more money printing, especially to a one-trick pony (the Fed) that only knows how to stamp its hoof on the ‘print’ button.

Stage 5: An increasingly chaotic monetary and fiscal situation spills over into the derivatives arena, creating a number of financial accidents. Stressed governments find themselves in more of an arguing mood than a pull-together-and-sing-Kumbaya mood, and agreements are hard to come by. Banks begin to fail again, global trade falls off, unrest continues to build, and then it happens – a currency crisis.

Stage 6: Everything changes. Faster than you think.

I wish I could completely quantify and justify the reason for this assessment, but I cannot at this time. Yes, we’ve got some very serious market turbulence to point to:

From ZeroHedge:

Japan’s nuclear crisis has deepened and we deeply regret to say that there is now the real possibility of a nuclear catastrophe. Investor panic has set in with the Nikkei down over 16.5% in two days and the Topic index down by 17% – its worst two-day loss since the 1987 Wall Street stock market crash.

The cost to insure Japanese debt has surged to a record with credit-default swaps protecting Japanese government debt for five years soaring 27 basis points to a record of 125 basis points.

One UBS trader said that the deteriorating nuclear crisis had led to “near panic across local credit-default swap markets.” While most equity indices and commodities have fallen, some sharply, gold has remained resilient and is down 1% in US dollar terms and is higher in Australian dollars which like other so called ‘commodity’ currencies has come under pressure in recent days.

(Source)

The nuclear meltdown has led to a market meltdown. Market breaks can quickly lead to supply shortages and other unpleasant realities.

Shifting Baselines

The problem with these fast-moving situations is that everything shifts from beneath your feet and events fundamentally change so quickly that you do not have time to adjust properly before the next insult arrives.

For example, I pride myself on ingesting massive amounts of information and processing it logically and relatively completely. But right now I am overwhelmed by too many situations. I should know who the opposition leaders are in Bahrain, how many troops have crossed from Saudi Arabia, what sorts of equipment they brought (as an indication of whether they plan to stay for a little while or a long while), and so forth. But I only know that troops have crossed the border; I consider this to be a bad sign for global oil price stability, but know very little else.

And I am not entirely clear on the inner machinations of the European debt crisis any more. I am completely consumed by following the developing nuclear crisis in Japan and trying to determine how that could, will, should impact our readers in Japan, and the world economic landscape.

The problem is captured perfectly in this post by Debu:

Another slightly surreal day in Tokyo which I largely spent buying food in case we have to stay indoors for an extended period due to fallout and/or if food supplies are disrupted by distribution problems. (I have been remiss in my prepping, I admit. I will spare you my lame excuses as to why.) Near pandemonium in some supermarkets which surprised me given the generally anodyne tone of the reactor situation coverage on the TV. Possibly it is simply worries about empty shelves feeding on itself.

Still, despite the devastation a few hundred kilometres away in the areas affected by the earthquake/tsunami (words fail), in Tokyo we are only inconvenienced in trivial ways. And so, the sense of unreality. There were emails today from my Japanese mates saying they were resigned to there being no hockey for awhile because the rinks will be closed because of the power cuts (and serious damage to the roof of our home rink). Or, whether it is milk is hard to come by (but still lots of wine and whiskey available), or some shops are closed to save power, or limited train service, etc. it is all inconsequential trifles. Given what is happening up north it is enough cause a bit of survivors’ guilt.

Many thanks to all on this forum for the info and the insights. It has, and will continue to be I suspect, my best source of information and advice.

One name for this process of only very slowly coming to grips with an enormous change when it happens at a slow enough pace is “shifting baselines.” It means that if you had put these same people to sleep a week ago and woke them up today, the shock of the reality of today’s situation would immediately jar them into action. But somehow, as things change seemingly gradually from hour to hour and day to day, the change itself can prove oddly paralyzing, and this is because our baselines shift. What would have been abnormal yesterday is normal today.

Last week the residents of Tokyo were sympathizing with the plight of their neighbors to the north, and then they were hearing about some controllable problems with some nuclear plants, and then they were hearing about maybe some more serious difficulties, and today they find themselves scrambling to empty store shelves and get out of Dodge, so to speak.

(Reuters) – Radiation wafted from an earthquake-stricken nuclear power plant toward Tokyo on Tuesday, sparking panic in one of the world’s biggest and most densely populated cities.

Women and children packed into the departure lounge at an airport, supermarkets ran low on rice and other supplies and frightened residents, tourists and expatriates either stayed indoors or simply left the city.

“I’m not too worried about another earthquake. It’s radiation that scares me,” said Masashi Yoshida, cradling his 5-month-old daughter Hana.

The nail-biting eased in the afternoon after Chief Cabinet Secretary Yukio Edano appeared on national television saying radiation levels at the troubled Fukushima Daiichi nuclear-power complex had fallen dramatically since morning.

But confidence in the government is shaken and many decided not to take chances, especially after radiation levels in Saitama, near Tokyo, were 40 times normal — not enough to cause human damage but enough to stoke fears in the ultra-modern and hyper-efficient metropolis of 12 million people.

Many hoarded food and other supplies and stayed indoors. Don Quixote, a multistory, 24-hour general store in Tokyo’s Roppongi district, was sold out of radios, flashlights, candles, fuel cans and sleeping bags on Tuesday.

At another market near Tokyo’s Yotsuya station, an entire aisle was nearly empty on both sides, its instant noodles, bread and pastry gone since Friday’s earthquake and tsunami killed at least 10,000 people nationwide and plunged Japan into a twin nuclear and humanitarian crisis.

(Source)

Time to Prepare

Okay, folks, this is not a drill.

Events have now sped up to the point that we cannot predict what will happen next. At this point a systemic banking crisis, complete political upheaval in one or more countries, a currency crisis, or a debt crisis are all within the realm of the possible.

This is the most difficult Alert I’ve ever had to write, because I know I have not yet processed all the necessary information to truly assess the risks. I am operating on gut instinct here, and several of you have already reminded me to trust myself. Thank you. That’s what I am doing now.

The risks I am most concerned about striking outside of Japan are:

  • A derivative-fueled banking crisis. Another banking crisis could shut down international monetary flows for a period of time, which would severely impact your ability to access your money, conduct trades, or otherwise take care of business.
  • Critical shortages. Already we know that much of Japan’s manufacturing output will be crippled for a while due to quake damaged plants being destroyed, workers failing to show up as they attend to their families in a moment of deep crisis, and electricity shortages due to destroyed power plants being taken permanently off-line. How much and which products will be affected will take weeks of effort to discover, as our highly integrated global supply network has an unknowable number of nodes that originate in or pass through Japan.
  • A global GDP insult. Building on the idea of critical supply chain disruptions and shortages, it is a safe bet that the world economy will take a hit now that various products cannot be manufactured and sold. Rather than a gentle slow-down that can be easily managed, the risk I see here is akin to a large wrench being tossed into a delicate transmission. The risk springs less from how much you slow down, but rather how fast you do it. This global GDP hit will further expose the weakness at the periphery, probably taking down the weaker players once and for all.

The main story line here is that Japan is a critical and embedded player in both the financial and productive economies, and it has suddenly, almost instantly, been taken off-line. We don’t know what might happen next, but we should be prepared for anything.

My Advice

Recently I had advised readers to be ready for a big downturn linked to the idea of a QE cessation. I am going to retract that somewhat (almost entirely), because this Japan crisis will provide all the political cover necessary for more printing.

Nonetheless, a market rout is on, but for entirely different reasons than I first projected.

At any rate, the time to move to cash from stocks is slipping quickly past, if not already gone, but if you haven’t made that move yet, you should consider waiting for the next “Bernanke bounce” in which a few hundred billion are tossed into the kitty to stabilize the markets.

This alert is going to be a living document in the sense that I will be constantly updating it as time goes on and events unfold. The first stage of my advice centers on the basics. You need to have all of your basic preparations completed at this time. Food, water, medical kits, shelter, cash out of the bank, and all the rest should absolutely be in place at this time.

Get the basics done. Now.

  • If you live on the west coast of the US, you must prepare for a fallout event even though this is extremely unlikely due to the distances involved. The concern here is that nearly 40 years of spent fuel is stored onsite and apparently boiling away its water and possibly burning. This means buying KI tablets for at least a week for every member of your family and being prepared to spend up to a week ‘taped up’ inside your house if it comes to that. Plastic, duct tape, and board games are what you need. I hate having to even suggest this sort of preparation. But while remote, there’s always the chance that a quirk in the air flow patterns could lead to less dilution than expected across the ocean and that a relatively small area of the west coast could receive a surprisingly strong concentration of contamination.  Again, this is very remote, but so was the idea of four plants all melting down at the same time.
  • Get what cash you can out of the bank. You can always put it back later on. Keep it somewhere safe.
  • Move any money you can from less liquid to more liquid vehicles. You want to be able to access your money in a hurry should that become necessary. Re-read Taking Control of Your Personal Finances if necessary. I outline all the reasons and a few methods for ‘becoming more liquid.’
  • Top off your fuel tanks.
  • Buy extra food at the grocery store.
  • Have long-term storage food put aside.
  • Take medicines? Be sure to get extras.

I am still holding onto all of my gold and silver holdings as I cannot imagine any possible policy responses that will bolster anyone’s faith in fiat currencies. That said, I am expecting short-term declines, possibly significant, in the US paper price for these metals on the basis of a liquidity crisis skimming the speculative component of their price off the top. I really don’t know how much this will be, but it’s certainly not insignificant.

When you stock up on things at the store(s), think also about friends family, neighbors, and all the other assorted people you care about who have almost certainly done little or nothing to prepare. What would they like? Don’t overlook comfort and luxury items that command a mental premium in a time of crisis. Chocolate comes to mind.

Timing

As always, I have no idea if anything is going to transpire or not, or when. How’s that for indecisive? But I can tell you that the pressures are larger than they’ve ever been throughout this long emergency and that conditions are ripe for an avalanche. My sincerest hope is that this will all blow over. But hope alone is a terrible strategy, and so we prepare.

My best guess is that the situation in Japan will unfold over the next two weeks, with a full blown funding and fiscal crisis (of confidence) blossoming there over that time. Already we are seeing credit spreads on Japan’s sovereign debt begin to skyrocket, meaning that an increasing chance of a sovereign default is being priced into the debt markets. This is the same dynamic we saw with Greece, then Ireland, Iceland, too, and so on. Only this time it is happening to the world’s third largest economy.

Two weeks after that, I expect that the first real product shortages and associated work stoppages will begin to hit the US and European economies. I expect the difficulties to surface first in Europe followed by the US. Somewhere in this zone we will get the next solid commitment to print, print, print, probably as a joint exercise of both continents.

Taken together, I think we’ve got at least a month until things have shifted enough that preparations will become either difficult or irresponsible.

Use this next month very wisely.

Remember, it’s better to be a year early than a day late. So get out there and prepare responsibly.

Above all, it is our duty to remain calm, focused, and helpful to those around us. We are all experiencing anxiety and fear to greater and lesser degrees. It is my hope that we can use the privacy of the comment thread below to work through whatever issues arise for each other, whatever those may be, and to help each other make the best decisions we can in an increasingly chaotic and uncertain environment.

Welcome to the nexus of multiple exponential curves. We always knew things would speed up along the way, and so they have. Let’s do the best we can.

Events are unfolding in a manner entirely consistent with the framework I laid out in my recent  Guide to Navigating the Coming Crisis.  As the report predicts: things are speeding up, events are progressing from the outside in, and soon enough everything will be substantially different than you remember and it won’t be completely obvious how that happened due to the phenomenon of shifting baselines. Reading it should be a particular priority for those with family or substantial investments to protect. Click here to read the free executive summary.

Below you will find the original post I started on Saturday, hours after the explosion in the first reactor. It has since become a primary source on the unfolding tragedy for tens of thousands of people around the world – largely due to the extremely knowledgable contributions of experts in the CM.com community. More to come as circumstances develop.

Your faithful information scout,
Chris Martenson

Chris Martenson: Obamas budget är en fantastisk komedi

February 17th, 2011 No comments

Jag kan varmt rekommendera att läsa Chris Martenssons dissekering av Obamas budget för 2011-2015. Som Chris så tydligt visar så är har Obama lärt sig av Bagdad Ben och ljuger oss alla rätt upp i ansiktet, för denna budget är i princip helt omöjlig att få ihop. Inte för att detta kommer som någon direkt överraskning.

I sin genomgång visar Chris att Obamas prognos förutsätter en ökning av statens intäkter som motsvarar den mellan 1979-81, då inflationen låg en bra bit över 10%. Enda problemet är att Obama räknar med en rekordlåg inflation (tack Bagdad Ben!) de kommande åren. För att intäkterna skall stiga enligt Obamas fantasiprognoser krävs en kraftig ökning av BNP, men enligt budgeten kommer BNP hamna mellan relativt blygsamma 2,7 – 4,3%. Justerat för inflation blir intäktsökningen den största i historien.

Summa summarum: Till och med en gymnasieelev kan se att denna prognos inte går ihop. För att ens ha en möjlighet att komma i närheten krävs massiva utgiftsminskningar för försvar, Medicare, Medicaid och Social Security, vilket aldrig kommer (kan) hända.

Här är några utdrag från Chris inlägg:

Fantasy or comedy? I couldn’t decide which way to label the Obama budget, so I went with both.
The bottom line is that the Obama administration has brought forth the most unbelievable revenue increase that I have ever seen proposed in a budget, a whopping 65% increase in revenues in just four years, which will – miracle of miracles – drop the deficit as a percent of GDP from nearly 11% to just 3.2% over those same four years.

The only problem with this scenario is that it stands virtually no chance of actually happening. Revenue will be far lower than projected and the deficit correspondingly higher.

There is almost no chance of the Obama revenue projections coming to pass, unless massive tax increases are part of the deal, and as far as we know, they aren’t.

The only other alternative is that the United States might enjoy some pleasurable combination of quite rapid growth, a fall off in unemployment to match, tidy increases in wages, and a low CPI. But the probability of all of these coming to pass is very, very low (although I will admit that they must be very appealing to an incumbent. Appealing? Yes. Likely? No.)

My estimates translate into a roughly $1.5 trillion cash deficit each and every year — give or take a little — digging our national debt hole deeper by another $7.5 trillion by 2015.

This, however, is merely my starting bid. I can easily envision deficits that are far higher in both aggregate and percent-of-GDP terms, due to some combination of rising energy prices and debt overhang dragging the GDP figure downwards, and rising interest rates driving federal costs higher.

The US is facing a deficit pattern (deficits higher than nominal GDP growth) that has ruined many a country before. A failure to legitimately address this condition before being forced to do so by global or market circumstances will lead to a far rougher period of adjustment than necessary. Such a failure even risks it all: a sudden loss of reserve currency status for the US that leads to a sudden repatriation of some $7 trillion in US-dollar-denominated assets currently held off-shore.

JP Morgan slingrar sig undan CFTCs nya regler som var tänkt att begränsa manipulationen av silver

January 15th, 2011 1 comment

CFTC (Commodity Futures and Trading Commission), den myndighet som reglerar råvaruhandeln på börserna i USA, har nu presenterat nya striktare regler för att bl a komma åt manipulationen på silvermarknaden, som representanten Bart Chilton tidigare bekräftat.

Många silverinvesterare har sedan en lång tid tillbaka sett fram emot dessa striktare regler, då man hoppats och trott att det skulle innebära slutet för JP Morgans, HSBCs och andra bankers manipulation och bedrägeri.

De investerare som varit med ett tag, och som dessutom vet att bankerna skapar spelreglerna eftersom de köpt i princip alla politiker, har dock ställt sig mycket skeptiska till varför bankerna inte skulle komma undan även denna gång. Det faktum att bankerna sett till att Gary Gensler, från ingen mindre än Goldman Sachs, blivit ordförande för CFTC har inte direkt gjort dessa investerare mindre skeptiska.

När de nya reglerna nu presenteras så visar det sig att denna skepticism varit välgrundad. Här är nämligen de tre viktigaste punkterna från den nya regelboken, med kommentarer från Chris Martenson, som visar att JP Morgan och andra banker inte behöver vara det minsta bekymrade:

1) Bara den sk spot-månaden omfattas av de nya reglerna. Terminskontrakt för leverans längre fram i tiden kommer att omfattas först långt senare, kanske ‘tidigt nästa år’.

Chris Martenson: Watch out for crazy out-month behaviors as JPM, et al. seek to skirt this rule.

2) Begränsningarna för spot-månaden sätts till 25% av vad CFTC kallar ‘deliverable supply’ för en given råvara och för de som inte har för avsikt att ta leverans (som JP Morgan) tillåts en position som är hela 5 gånger så stor.

Chris Martenson: That’s just horrible. For anybody like JPM that has no intent of taking physical delivery, they will be prevented from accumulating a position that is more than 125% of the total deliverable supply. What sort of a limit is that?? That’s like trying to limit the damage from auto accidents by ‘limiting’ freeway speeds to ‘no more than’ 175 mph. Also, anybody who might want to actually buy the physical is limited to 25%, so any potential Hunt Bros. need not apply. The outer limits of this game have been exclusively reserved for speculators and manipulators.

3) Undantag ges för transaktioner och positioner som har gjorts innan de nya reglerna träder i kraft, eller som CFTC uttrycker det “exemptions for bona fide hedging transactions and for positions that are established in good faith prior to the effective date of specific limits adopted pursuant to the proposed regulations.”

Chris Martenson:

Translation: “JPMs silver position is in complete violation of even these generous new ‘rules’ so we’re just going to let them keep it.”

Impact: Just check the price behavior of gold and silver for the impact. The gold and silver markets have traded upwards of late in part because of the thought that JPM would finally be forced to play fair and reduce their outlandish precious metals short positions. Nope. Guess not.

Det skulle förvåna mig om silverauktoriteten Ted Butler, som länge velat ge Gensler en möjlighet att visa att han menar allvar med att ta tag i manipulationen, nu öppet visar sitt missnöje med Gensler och erkänner att denne aldrig kommer att göra något som inte är godkänt av JP Morgan och de andra bankerna.

Nedan är Chris Martensons utmärkta genomgång av de nya reglerna:

JP Morgan Wins: CFTC Position Limits Do Not Apply (To Them)

Friday, January 14, 2011, 12:17 pm, by cmartenson

Speaking of changing the rules…

Gold and silver are now down hard over the past two days, and the reason may have something to do with the fact that the CFTC utterly caved to JPM in their long-awaited decision on position limits in a 4-1 vote.

While position limits will eventually be set, maybe, someday, the course of action taken by the CFTC grandfathers in JPM’s (and HSBC, et al.) current outlandish positions.

Here’s the background (emphasis mine):

On July 21, 2010, the Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among other things, the Dodd-Frank Act amended the Commodity Exchange Act to:

  • Require the Commission, as appropriate, to limit the amount of positions, other than bona fide hedge positions, that may be held by any person with respect to commodity futures and option contracts in exempt and agricultural commodities traded on or subject to the rules of a designated contract market (DCM).
  • Require the Commission to establish position limits, including aggregate position limits, for swaps that are economically equivalent to DCM contracts in exempt and agricultural commodities (collectively, economically equivalent swaps). Such limits must be imposed simultaneously with limits on DCM contracts.

(Source)

The only wiggle room in the Dodd-Frank bill is for “bona fide” hedge positions, which, I should state, I think is not a good idea because the exact definition of a ‘bona fide hedge’ is elusive.

For example, you and I could decide to engage in a massive short-hedged position where you short a commodity but buy calls from me. Your ‘hedge’ is only as good as my credit. Or perhaps you decide that oil and natural gas have enough negative correlation that you are ‘hedged’ by being equally short and long on both substances. What if your correlation blows out? You’re not hedged, is the answer to that question.

Continuing into the meat of the new position limit ruling, we find these discomforting items:

The Commission’s proposed regulations call for:

Position limits to be placed on 28 core physical-delivery contracts and their “economically equivalent” derivatives.

Establishment of position limits on physical commodity derivatives in two phases:

  • Initial transitional phase: spot-month position limits only, based on deliverable supplydetermined by and levels currently set by DCMs.
  • Second phase: spot-month position limits, based on the Commission’s determination of deliverable supply, and position limits outside of the spot month.

Translation: Only the front month of any contract will be subject to the position limits initially. Later, at some undefined point “early next year,” out months will be included. But for now it’s just the spot month.

Impact: Watch out for crazy out-month behaviors as JPM, et al. seek to skirt this rule.

Okay, that’s not too terrible.

But this is:

Spot-month position limit levels set at 25% of deliverable supply for a given commodity, with a conditional spot month limit of five times that amount for entities with positions exclusively in cash-settled contracts

That’s just horrible.

For anybody like JPM that has no intent of taking physical delivery, they will be prevented from accumulating a position that is more than 125% of the total deliverable supply. What sort of a limit is that?? That’s like trying to limit the damage from auto accidents by ‘limiting’ freeway speeds to ‘no more than’ 175 mph.

Also, anybody who might want to actually buy the physical is limited to 25%, so any potential Hunt Bros. need not apply. The outer limits of this game have been exclusively reserved for speculators and manipulators.

That’s not even remotely the outcome I was hoping for. This ‘ruling’ tantamount to saying “carry on!”

And what does ‘deliverable supply’ mean? Does it refer to COMEX warehouse deliverables in current storage or can special players receive additional preferential treatment by including ‘deliverables’ available to them via contractual arrangements with the LBMA? Lots of questions are emerging for me here.

But it gets worse:

Exemptions for bona fide hedging transactions (based on the Dodd-Frank Act’s new requirements for such transactions) and for positions that are established in good faith prior to the effective date of specific limits adopted pursuant to the proposed regulations.

Translation:JPMs silver position is in complete violation of even these generous new ‘rules’ so we’re just going to let them keep it.”

Impact: Just check the price behavior of gold and silver for the impact. The gold and silver markets have traded upwards of late in part because of the thought that JPM would finally be forced to play fair and reduce their outlandish precious metals short positions. Nope. Guess not.

Once again, all sense of fair play has been abandoned in the interest of giving a special handout to a set of large banks that are reporting near-record earnings. When, I must ask, is enough enough?

The message that I receive from this ruling is that US markets are now hopelessly and irrevocably captive to the behind-the-scenes wishes of the banking class, for which “everything and then some” seems to be not quite enough.

Worse, an already-battered faith in the markets has been kicked again.

Here’s my prediction: Someday the US commodities markets will experience a very painful set of failures, big banks will be caught on the bad end of that experience, and they will simply, once again, lobby to have the rules changed in their favor.

To everybody who hopes to make money by being on the opposite side of that trade, good luck collecting your winnings. They will simply be rule-changed right out of your hot little hands.

Thank you for playing sir, and sorry about your luck; would you care to try again?

The CFTC is now playing the role of Lucy holding the football. If you don’t wish to be the Charlie Brown in this story, I’d advise that you take delivery.

Here’s CFTC Chairman Gary Gensler describing the rationale, such as it is, for the CFTC’s ruling [with my reactions inserted in-line]:

Position limits help to protect the markets both in times of clear skies and when there is a storm on the horizon. In 1981, the Commission said that “the capacity of any contract market to absorb the establishment and liquidation of large speculative positions in an orderly manner is related to the relative size of such positions, i.e., the capacity of the market is not unlimited.” [So far, so good!]

Today’s proposal would implement important new authorities in the Dodd-Frank Act to prevent excessive speculation and manipulation in the derivatives markets. The Dodd-Frank Act expanded the scope of the Commission’s mandate to set position limits to include certain swaps. [Still good]

The proposal re-establishes position limits in agriculture, energy and metals markets. It includes one position limits regime for the spot month and another regime for single-month and all-months combined limits. It would implement spot-month limits, which are currently set in agriculture, energy and metals markets, sooner than the single-month or all-months-combined limits. [Okay, spot-month goes first, before single-month and all-months combined. Got that. With the grandfather and 'bona fide hedge' exemptions of course. Left that part out...]

Single-month and all-months-combined limits, which currently are only set for certain agricultural contracts, would be re-established in the energy and metals markets and be extended to certain swaps. These limits will be set using the formula proposed today based upon data on the total size of the swaps and futures market collected through the position reporting rule the Commission hopes to finalize early next year. ["Will be set?" Early next year? Isn't that a year from now? Why so long?]

It will be some time before position limits for single-month and all-months-combined can be fully implemented. In the interim, if a trader has a position that is above a level of 10 and 2 ½ percent of futures and options on futures open interest in the 28 contracts for which the Commission is proposing position limits, I have directed staff to collect information, including using special call authority when appropriate, to monitor these large positions. [For silver, this amounts to some 5,300 contracts. Well above the 1,500 contracts Ted Butler called for based on the 1% of world production limit. It's too high.]

Staff will brief the Commission and make any appropriate recommendations based upon existing authorities for the Commission’s consideration during its closed surveillance meetings at least monthly on what staff finds. [Oh, so this is not a regulatory action, but a fact-finding mission? It's rather unusual to find a government body that takes care to under-interpret a congressional mandate for regulatory power, but we seem to have one in the CFTC. Odd that such a loss of regulatory nerve only seems to occur when the interests of big banks are on the line...]

(Source)

Let’s close with a statement of regret by Bart Chilton, who tried very hard to do the right thing, but couldn’t get the other four commissioners to see things his (and my/our) way.

Statement of Commissioner Bart Chilton at the 9th CFTC Public Meeting on Rulemaking under the Wall Street Reform and Consumer Protection Act

January 13, 2011

As regulators, I think we have one key mission. It is embodied in the Commodity Exchange Act. We have a singularity of purpose to ensure efficient and effective markets and to prevent and deter fraud, abuse and manipulation. Quite frankly, I think we can do better. We can because the new Wall Street Reform and Consumer Protection Act requires that we develop what many of us consider to be some fairly precious parameters.

Today, I am hopeful we will move forward to propose a position limits rule, a most precious parameter that we should have proposed much earlier in a way that would have implemented the provision as Congress intended. That’s not happening.

Yesterday, eight U. S. Senators told us to move forward on limits. That follows two other senatorial letters from last month.

This is a Commission of five individuals, a group of people who make these decisions. That pretty much ensures no individual will get their way all the time. I’m certainly not getting my way on position limits, nor are the Senators who wrote to us.

I am thankful that we will have position points in place as a kind of glide path to position limits. As I’ve said repeatedly, points are not limits. However, they will help us learn more and do better as we go forward in further developing important—and precious— parameters.

(Source)

Thank you for trying Bart. I am grateful for your efforts. I wanted to give Gary Gensler, the former Goldman Sachs executive, the benefit of the doubt, and I did that. All benefit and all doubt now removed. Once a squid, always a squid, I guess.

I am still trying to get my arms around this ruling and its likely impact on gold and silver prices going forward. Long-term this changes nothing, except to reinforce my conviction that I have no interest in playing in rigged markets.

Further, given the opportunity to do the right thing in an open and transparent manner, the CFTC, quite predictably, caved to large interests – the same large interests that are helping to shape, if not drive, current fiscal and monetary policy.

For more on rule changing, please read yesterday’s piece, Don’t Worry, They’ll Just Change the Rules. I guess I should append the following to that title “…or decline to enforce them.”