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GAO-09-285R: 

United States Government Accountability Office: 
Washington, DC 20548: 

January 30, 2009: 

The Honorable Collin Peterson: 
Chairman: 
Committee on Agriculture: 
House of Representatives: 

Subject: Issues Involving the Use of the Futures Markets to Invest in 
Commodity Indexes: 

Until mid-2008, prices for a broad range of physical commodities, from 
crude oil to crops such as wheat, had increased dramatically for 
several years--raising concerns and leading to a debate over the 
possible causes. Some market participants and observers have attributed 
the price increases to fundamental economic factors related to supply 
and demand. Others have suggested that the price increases resulted 
from speculation in the futures contracts by hedge funds and investors 
in commodity indexes. Like stock indexes, commodity indexes track the 
composite price of a basket of long futures positions in physical 
commodities.[Footnote 1] The indexes' investment strategy is passive, 
remaining the same regardless of whether prices are falling, rising, or 
flat. Two commonly referenced commodity indexes are the Standard & 
Poor's Goldman Sachs Commodity Index (S&P GSCI) and Dow Jones-American 
International Group Commodity Index (DJ-AIGCI), which are based on a 
broad range of physical commodities, including energy products, 
agricultural products, and metals. Since around the mid-2000s, pension 
plans, endowments, and other institutional investors increasingly have 
used investments in commodity indexes to obtain exposure to commodity 
prices as an asset class, typically to diversify their portfolios or 
hedge inflation risk.[Footnote 2] 

Your letter asked us to examine various issues surrounding how 
commodity-index futures trading is addressed by various laws and 
regulations. Futures exchange regulations that can affect such trading 
include margins, or performance bonds, which are deposits that futures 
traders make with their broker to ensure that they can meet the 
financial obligations associated with their futures positions. To 
prevent excessive speculation that could cause unwarranted changes in 
futures prices, the Commodity Futures Trading Commission (CFTC) and 
futures exchanges place limits on the size of futures positions--the 
number of contracts--that a trader may hold. In agreement with your 
office, this report addresses: 

* whether the federal law governing futures trading prohibits investors 
from using the futures markets to gain an exposure to commodity 
indexes, 

* whether the federal law governing pension plans prohibits them from 
investing in commodities through the futures markets, 

* how margins have affected the ability of investors to obtain 
exposures to commodity indexes, and: 

* how position limits have affected the ability of investors to obtain 
exposures to commodity indexes. 

In addition, we agreed with your office to review recent studies 
analyzing the effect of commodity index futures trading on commodity 
prices. 

On December 16, 2008, we briefed your office on the results of this 
work. This letter summarizes the briefing. The enclosures contain the 
full briefing, including our scope and methodology, and a bibliography 
of the studies we reviewed. In response to questions asked during the 
briefing, we have added information to the enclosed briefing slides to 
provide additional details on the percentage of total outstanding 
futures positions accounted for by index traders, the scope and nature 
of contract position limit exemptions, and the scope of the federal law 
covering pension funds. 

We conducted this performance audit from September 2008 through January 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

Since around mid-2000s, institutional and retail investment in 
commodities has grown significantly. However, determining the actual 
amount of such investment is difficult, in part because no 
comprehensive data are available on all such investments. Based on 
recently collected data, CFTC estimated that the aggregate net amount 
of all commodity index trading (combined over-the-counter (OTC) and 
exchange-traded derivatives) was $200 billion as of June 30, 2008, of 
which $161 billion was tied to commodities traded on U.S. futures 
markets and the remainder was tied to commodities traded on foreign 
futures markets. 

To gain exposure to a commodity index, investors can take a direct 
approach by taking long positions in the individual futures contracts 
making up the index. Investors also can take long positions in futures 
contracts linked to a commodity index, such as futures on the S&P GCSI 
or DJ-AIGCI. Some investors may find the direct approach to be 
difficult, however, because of the need to roll over their futures 
positions periodically.[Footnote 3] As an alternative, investors can 
gain exposure to a commodity index by using a swap dealer (e.g., large 
bank) to enter into an over-the-counter (OTC) swap linked to an index. 
[Footnote 4] In addition, investors can gain exposure to a commodity 
index by investing in other vehicles that track a commodity index, such 
as a commodity pool, mutual fund, or exchange-traded fund or note. 

To regulate commodity futures and option markets in the United States, 
Congress created CFTC as an independent agency in 1974. Under the 
Commodity Exchange Act (CEA), the primary mission of CFTC includes 
fostering open, competitive, and financially sound futures markets and 
protecting market users and the public from fraud, manipulation, and 
abusive practices related to the sale of commodity futures and options. 
[Footnote 5] This mission is achieved through a regulatory scheme that 
is based on federal oversight of industry self-regulation. Prompted 
partly by the growth of the OTC derivatives markets, the Commodity 
Futures Modernization Act of 2000 amended CEA to provide, among other 
things, for regulated markets and markets largely exempt from 
regulation. The regulated markets include futures exchanges that have 
self-regulatory surveillance and monitoring responsibilities as self-
regulatory organizations and also are subject to oversight by CFTC. 

Summary: 

Although the use of the futures markets by institutional investors to 
gain long-term exposure to commodities represents a new type of 
speculation, the CEA--the law governing futures trading--does not 
prohibit this activity. Futures markets historically have been used by 
commercial firms to manage price risk and speculators to profit from 
price movements. In a regulatory response to some funds that sought 
approval to conduct investing in commodity indexes, CFTC staff noted 
that the use of the futures markets by funds to provide their investors 
with a commodity-index exposure represented a legitimate and 
potentially useful investment strategy. 

Under the federal law governing private pension plans--the Employee 
Retirement Income Security Act (ERISA)--such plans may invest in 
commodity indexes using futures contracts or other derivatives but must 
determine that such investments are, among other things, prudent. 
Although ERISA does not prohibit pension plans from investing in 
futures, it sets certain minimum standards for pension plans sponsored 
by private employers.[Footnote 6] A 1996 opinion issued by the 
Department of Labor recognized that derivatives might be a useful tool 
for managing a variety of risks and broadening investment alternatives 
in a plan's portfolio. But the opinion also noted that investments in 
certain derivatives might require a higher degree of sophistication and 
understanding on the part of plan fiduciaries than other investments. 

Commodity index investors generally have not been directly subject to 
futures margins (or performance bonds), because they primarily have 
used OTC swaps, not futures contracts, to obtain their exposure. 
Instead, the swap dealers that provide commodity index exposures to 
investors through swaps are subject to futures margins if they use 
exchange-traded futures to hedge their risk exposure from these swaps. 
Moreover, such dealers may have entered into other OTC transactions 
that offset their index exposures and, as a result, may not use futures 
to hedge their index exposures in full. Futures exchanges, not CFTC, 
generally set margins, which are based on the price volatility of the 
underlying commodity of a futures contract and typically are small 
relative to a contract's market value. Both the buyer and seller of a 
futures contract post margin, which serves to ensure that they can meet 
their contractual obligations; moreover, futures margin is not an 
extension of credit. If margin requirements on index-related futures 
were increased, two of the largest swap dealers told us that the cost 
of providing investors with commodity index exposures using OTC swaps 
would increase and might lead investors to use alternatives to OTC 
swaps, such as commodity index funds. They also said that once 
institutional investors have decided to allocate a portion of their 
portfolios to commodities, they will choose the most efficient way to 
do so. According to the market participants we spoke with, imposing 
higher margins on index-related futures positions also could raise 
challenges. For example, swap dealers use futures to hedge their net 
exposure--the residual risk remaining after a dealer internally nets 
OTC swaps with offsetting exposures--and may not be able to untangle 
and identify the futures positions that are attributable specifically 
to commodity index swaps. 

Similarly, index investors largely have not been restricted by contract 
position limits that are used to prevent excessive speculation in the 
futures markets. Such investors primarily have obtained their index 
exposures through OTC swaps that are not subject to futures speculative 
position limits. Further, swap dealers have received exemptions from 
CFTC that allow them to hold index-related futures positions in excess 
of speculative position limits.[Footnote 7] Position limits prohibit 
traders from holding a futures position above a specified limit, unless 
the traders have received an exemption. With an exemption, a swap 
dealer can enable an investor to use an OTC swap to take a position 
that is greater than the level the investor would be permitted to take 
if the position were held solely in the futures market. The swap dealer 
can, then, take a futures position in excess of a position limit to 
hedge its exposure from the OTC swap. In a September 2008 report, CFTC 
noted that the mix of commercial and noncommercial activity by swap 
dealers called into question whether the swap dealers should receive 
hedge exemptions from position limits for some of their activity. In 
that regard, the CFTC Commission instructed the agency's staff to 
develop a proposed rulemaking that would address whether the swap 
dealers should receive a more limited exemption. CFTC staff told us 
that the Commission has not set a time frame for issuing the proposal. 

Although not included in the enclosed briefing slides, we also are 
providing information on the results of our review of studies analyzing 
the impact that index traders and other futures speculators have had on 
commodity prices. Through our literature search, we identified eight 
empirical studies and three qualitative studies. (See the bibliography 
for a list of the studies we reviewed.) Unlike the empirical studies, 
the qualitative studies do not use experimental or statistical controls 
to evaluate the causal relationship between speculative trading and 
commodity prices and, thus, do not provide a systematic way to assess 
the empirical veracity of the causal relationship. Importantly, the 
eight empirical studies we reviewed generally found limited statistical 
evidence of a causal relationship between speculation in the futures 
markets and changes in commodity prices--regardless of whether the 
studies focused on index traders, specifically, or speculators, 
generally. Four of the studies used CFTC's publicly available 
Commitments of Traders (COT) data in their analysis, and their findings 
should not be viewed as definitive because of limitations in that data. 
For example, the public COT data are issued weekly, and analyses using 
such data could miss the effect of daily or intraday changes in futures 
positions on prices. Also, these data generally aggregate positions 
held by different groups of traders and, thus, do not allow the effect 
of individual trader group positions on prices to be assessed. Two of 
the studies we reviewed involved CFTC staff and used non-public COT 
data that included positions reported more frequently and separated 
positions held by different trader groups.[Footnote 8] However, similar 
to the studies that used the public COT data, the studies using the non-
public data also found limited evidence that speculation was affecting 
commodity prices. In addition, all of the empirical studies we reviewed 
generally employed statistical techniques that were designed to detect 
a very weak or even spurious causal relationship between futures 
speculators and commodity prices. As result, the fact that the studies 
generally did not find statistical evidence of such a relationship 
appears to suggest that such trading is not significantly affecting 
commodity prices at the weekly or daily frequency. 

Agency Comments: 

We provided a draft of this letter and the attached briefing to CFTC 
for comment. CFTC provided technical comments, which we incorporated as 
appropriate. 

As we agreed with your office, unless you publicly announce the 
contents of this report earlier, we plan no further distribution of it 
until 30 days from the date of this letter. At that time, we will 
provide copies of this report to interested congressional committees. 
We also are sending a copy of this report to the Acting Chairman of 
CFTC. In addition, this report will be available at no charge on the 
GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-8678 or williamso@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major contributions 
to this report are listed in enclosure II. 

Sincerely yours, 

Orice M. Williams: 
Director, Financial Markets and Community Investment: 

[End of section] 

Enclosure I: 

Briefing to the Staff of the House Committee on Agriculture: 

Issues Involving the Use of the Futures Markets to Invest in Commodity 
Indexes: 

December 16, 2008 (with subsequent additions after that date): 

Briefing Outline: 

* Objectives, scope, and methodology: 

* Background: 

* Summary: 

* Investments in Commodity Indexes under The Commodity Exchange Act 
(CEA): 

* Investment in Commodity Indexes under The Employee Retirement Income 
Security Act (ERISA): 

* Margins and index investors: 

* Position limits and index investors: 

* Appendix I: Position limits and accountability levels: 

* Appendix 2: Net long positions held by index traders: 

[End of section] 

Objectives, Scope, and Methodology: 

Our objectives were to examine: 

* whether the CEA prohibits investors from using the futures markets to 
gain an exposure to commodity indexes, 

* whether ERISA prohibits pension plans from investing in commodities 
through the futures markets, 

* how margins have affected the ability of investors to obtain 
exposures to commodity indexes, and; 

* how position limits have affected the ability of investors to obtain 
exposures to commodity indexes. 

To accomplish our objectives, we: 

* reviewed sections of the CEA and CFTC regulations, including proposed 
rules and comment letters; exchange rules on position limits and 
margins (performance bonds); and congressional testimonies, studies, 
and other material by CFTC, academics, GAO, and others about the 
futures markets; 

* Reviewed sections of ERISA; an opinion of the Department of Labor’s 
(DOL) Employee Benefits Security Administration, which is responsible 
for enforcing certain ERISA provisions, on the use of derivatives by 
pension plans; and congressional testimonies, GAO reports, and other 
material on investment in commodity indexes by pension funds; 

* interviewed CFTC staff, as well as officials representing two swap 
dealers, an asset management firm, three futures exchanges, and an 
industry trade association; 

* analyzed CFTC’s Commitments of Traders (COT) and supplemental reports 
to develop summary information about the futures positions, or 
contracts, held by index traders, 

* assessed the reliability of the CFTC data and determined the data 
were sufficient for our purposes; and; 

* reviewed and analyzed data on publicly traded index funds, including 
their public filings, and the investment policies and holdings of three 
pension plans. 

[End of section] 

Background: 

Investing in commodities by institutions has become more popular since 
the mid-2000s but has been common since the 1970s. 

* Pension plans, endowments, foundations, and other institutional 
investors generally have invested in commodities to diversify their
portfolios and hedge inflation risk. 

* Investors have gained commodity exposure through commodity indexes, 
which measure the returns on a basket of various commodity futures 
contracts. 

* Two common commodity indexes are the S&P Goldman Sachs Commodity 
Index (S&P GSCI) and Dow Jones-AIG Commodity Index (DJ-AIGCI). 

Investors can invest in commodity indexes by: 

* taking long positions in individual futures contracts that make up an
index or futures contracts linked to an index, 

* entering into an over-the-counter (OTC) swap linked to an index, or, 

* investing in a vehicle that tracks an index, such as a commodity 
pool, mutual fund, or exchange-traded fund or note. 

CFTC recently estimated that the net notional value of the portion of
commodity index trading tied to the U.S. futures markets was $161
billion as of June 30, 2008. 

The U.S. futures markets are regulated under the CEA by CFTC. 

* The CEA’s primary objectives include preventing manipulation, abusive 
trading practices, and fraud. 

* The CEA authorizes CFTC to oversee futures exchanges (called 
designated contract markets) and other entities. Our discussion focuses 
solely on futures contracts traded on designated contract markets. 

[End of section] 

Summary: 

Using futures markets to make long-term investments in commodity indexes
represents a new type of speculation but is not prohibited under the 
EA. 

Under ERISA, pension plans may invest in commodity indexes using futures
contracts or other derivatives but must determine that such investments 
are, among other things, prudent. 

Index investors generally have not been directly subject to margins, 
because they have used primarily OTC swaps, not futures contracts, to 
obtain their exposure. Two swap dealers told us that increasing margins 
on index-related futures positions would increase the cost of swaps but 
might not cause investors to significantly reduce their index exposure. 

Index investors generally have not been restricted by position limits, 
because (1) they have obtained their index exposures primarily through 
OTC swaps not subject to position limits, and (2) swap dealers have 
received exemptions from CFTC that allow them to hold index-related 
futures positions in excess of the position limits. CFTC is currently 
deciding whether it should limit the exemptions. 

[End of section] 

The CEA Does Not Prohibit the Use of the Futures Markets for Index 
Investing: 

Futures markets historically have been used by commercial firms to 
manage price risk and speculators to profit from price movements. 

* Futures markets serve a public interest by providing price discovery
and risk-shifting. 

* The proper and efficient functioning of the futures markets requires
participation by speculators and hedgers. 

* CFTC has adopted regulations designed to prevent excessive 
speculation and operates various programs to monitor the markets for 
manipulation and protect the economic functions of the markets. 

However, the use of the futures markets by pension funds and other 
institutional investors to gain long-term exposure to commodity indexes 
as an asset class represents a new type of speculation. 

* CFTC staff told us that the use of the futures markets for index 
trading does not violate any provisions of the CEA or CFTC regulations. 

* In two regulatory letters issued in 2006, CFTC staff stated that the 
use of the futures markets by funds to provide their investors with a 
commodity-index exposure represented a legitimate and potentially 
useful investment strategy. 

[End of section] 

ERISA Does Not Prohibit Pension Plans from Investing in the Futures 
Markets: 

Investment decisions of private sector pension plans must comply with
ERISA. 

Under ERISA, a fiduciary must observe a prudent man standard of care
and, among other things: 

* act solely in the interest of the plan participants and beneficiaries
and in accordance with plan documents; 

* invest and administer the plan with the care, skill, and diligence of 
a prudent man with knowledge of such matters; and; 

* diversify plan investments to minimize the risk of large losses. 

Under ERISA, the prudence of any investment is considered in the 
context of the total plan portfolio. Thus, a relatively risky 
investment may be considered prudent if it is part of a broader 
strategy to balance the risk and expected return to the portfolio. 

Public sector pension plans must follow requirements established for 
them under applicable state law. While states generally have adopted 
standards similar to the ERISA prudent man standard, specific 
provisions of law and regulation vary from state to state. 

In 1996, a DOL official issued an opinion on the use of derivatives by
pension plans under ERISA. 

* Under the DOL opinion, derivatives were defined to include futures 
contracts and OTC swaps. The opinion also covered plan investments in 
pooled funds that used derivatives. 

* According to the DOL opinion, derivative investments are subject to 
the fiduciary responsibility rules in the same manner as are any other 
plan investments. Thus, plan fiduciaries must determine that a 
derivatives investment is, among other things, prudent and made solely 
in the interest of the plan’s participants and beneficiaries. 

The DOL opinion recognized that derivatives may be a useful tool for
managing a variety of risks and for broadening investment alternatives 
in a plan’s portfolio but noted that investments in certain derivatives 
may require a higher degree of sophistication and understanding on the 
part of plan fiduciaries than other investments. 

Under ERISA, a plan participant or beneficiary may bring civil action in
court to get, among other things, appropriate relief from a breach of
fiduciary duty. 

[End of section] 

Margins Generally Have Not Limited Investors’ Ability to Gain Index 
Exposure: 

CEA generally does not grant CFTC authority to establish margins (also 
called performance bonds) for futures contracts. 

Futures exchanges set margins for their futures contracts. 

* To enter into a futures contract, both traders (buyer and seller) 
must post a margin deposit with their broker, which is intended to 
serve as a performance bond and ensure that they can meet the financial 
obligations associated with their positions. Unlike securities margins, 
futures margins are not extensions of credit. 

* Futures margins typically are based on the price volatility of the 
underlying commodity of a futures contract and vary across contracts. 

* Each futures exchange has a clearing house that is the counterparty to
every futures trade. 

* The margining system and clearing house help to protect and maintain 
the financial integrity of futures markets. 

CFTC data and other evidence indicate that index investors have gained 
their index exposure primarily through OTC swaps and index funds and, 
as a result, have not been directly subject to margins. 

Some index investors obtain their exposure through index funds, such as 
commodity pools, exchange-traded funds, or mutual funds. In turn, such 
funds may use futures, OTC swaps, or other products to obtain their 
exposure. 

Our analysis of two periods of CFTC’s COT data shows that swap dealers 
generally hold the majority of the index-related futures positions, 
indicating that index investors primarily use OTC swaps to obtain their 
exposure. Dealers then use futures to hedge their exposure. 

For example, in 10 of the 12 futures covered by CFTC’s September 23, 
2008 data, swap dealers accounted for 80 percent or more of the total 
net long futures positions, or contracts, held by index traders. 

Table: 

Exchange and contract: CBOT – soybean oil; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 97%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 3%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 66,374; 
Number of net long index-related positions, or contracts, held by 
Funds: 2,127; 
Percent of total long positions held by index traders: 24%. 

Exchange and contract: ICE US – cotton; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 92%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 8%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 82,328; 
Number of net long index-related positions, or contracts, held by 
Funds: 7,030; 
Percent of total long positions held by index traders: 27%. 

Exchange and contract: ICE US – coffee; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 90%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 10%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 46,913; 
Number of net long index-related positions, or contracts, held by 
Funds: 4,998; 
Percent of total long positions held by index traders: 31%. 

Exchange and contract: CME – lean hogs; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 85%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 15%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 83,465; 
Number of net long index-related positions, or contracts, held by 
Funds: 14,209; 
Percent of total long positions held by index traders: 45%. 

Exchange and contract: CBOT – soybeans; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 84%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 16%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 113,065; 
Number of net long index-related positions, or contracts, held by 
Funds: 21,543; 
Percent of total long positions held by index traders: 28%. 

Exchange and contract: ICE US – sugar; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 84%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 16%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 257,587; 
Number of net long index-related positions, or contracts, held by 
Funds: 49,844; 
Percent of total long positions held by index traders: 37%. 

Exchange and contract: CBOT – wheat; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 83%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 17%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 137,699; 
Number of net long index-related positions, or contracts, held by 
Funds: 27,985; 
Percent of total long positions held by index traders: 47%. 

Exchange and contract: CME – live cattle; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 83%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 17%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 109,285; 
Number of net long index-related positions, or contracts, held by 
Funds: 23,137; 
Percent of total long positions held by index traders: 46%. 

Exchange and contract: ICE US – cocoa; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 82%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 18%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 17,965; 
Number of net long index-related positions, or contracts, held by 
Funds: 3,845; 
Percent of total long positions held by index traders: 18%. 

Exchange and contract: CBOT – corn; 
Percent of total net long index-related positions, or contracts, held 
by Dealers: 82%; 
Percent of total net long index-related positions, or contracts, held 
by Funds: 18%; 
Number of net long index-related positions, or contracts, held by 
Dealers: 261,364; 
Number of net long index-related positions, or contracts, held by 
Funds: 56,563; 
Percent of total long positions held by index traders: 22%. 

Source: GAO analysis of CFTC data. 

[End of table] 

Increasing margins would increase the costs of trading futures for swap
dealers and other index traders. But it might not cause institutional 
investors to significantly reduce their index exposures and lead to a 
reduction in the number of index-related futures positions. 

* Officials at two swap dealers told us that higher margins would 
increase their hedging cost and thus the cost of swaps. They said 
investors might use alternatives to swaps, depending on the cost-impact 
of higher margins. If institutional investors decided to allocate a 
portion of their portfolios to commodities, they would find the most
efficient way to do so. 

* Officials at an asset management firm told us they created funds that 
use futures contracts to track indexes for institutional investors and 
that the funds held collateral equal to the notional value of their 
futures positions. Thus, an increase in margins would not have a 
significant effect on the cost for the funds. 

* An exchange official said that index funds generally were not 
leveraged and were in the best position to meet a margin increase. A 
margin increase would impose no cost on such funds, because they hold 
fully collateralized accounts on behalf of their clients. 

Imposing higher margins on index-related futures positions could raise
challenges. 

* Swap dealers use futures contracts to hedge their net exposure and 
may not be able to untangle and identify the futures positions that are 
attributable specifically to commodity index swaps. 

* Officials from a swap dealer told us that imposing separate margins 
on index-related futures positions could prevent dealers from 
internally netting transactions, potentially reducing market liquidity
and increasing costs for other market participants. 

* Officials from another dealer told us that using margins by exchanges 
as a tool to moderate participation in the futures markets, instead of 
solely to protect the markets’ financial integrity, could be 
problematic. If market liquidity was low, an exchange could have an
incentive to lower margins to increase market liquidity at the expense 
of protecting the market’s financial integrity. 

[End of section] 

Position Limits Generally Have Not Limited Investors’ Ability to Gain 
Index Exposure: 

Limiting the size of positions that traders may hold in the futures 
markets is one method regulators use to prevent excessive speculation 
that could cause unwarranted changes in futures prices. 

* CFTC is authorized to fix limits on trading that may be done or 
positions that may be held on any exchange as necessary to diminish, 
eliminate, or prevent excessive speculation. 

* Position limits prohibit a trader from holding a futures position 
above a specified level, unless the trader has received an exemption. 
Exceeding a position limit without an exemption is a violation. 

* CFTC has set federal speculative position limits on nine agricultural
commodities. 

* Exchanges have adopted position limits or position accountability 
rules for other commodities subject to CFTC oversight. 

* A position accountability rule sets a position level that triggers 
additional attention by an exchange. When a trader’s position reaches 
or exceeds the accountability level, the trader is required to provide 
information to the exchange at its request. 

* Holding a position that exceeds a position accountability level is 
not a violation. But the exchange may direct a trader to limit or 
reduce a position, and the trader’s refusal to do so would be a 
violation. 

* Exchanges may use accountability levels in lieu of position limits 
for contracts on financial instruments, intangible commodities, or 
certain tangible commodities that have large open interest, high daily 
trading volumes, and liquid cash markets. 

CFTC and exchanges may grant exemptions to parties who can show that 
their futures positions are bona fide hedges. 

* Before 1974, the hedging definition applied only to agricultural 
commodities. When CFTC was created and the definition of “commodity” 
under the CEA was expanded, Congress was concerned that the definition 
would fail to address developing risk-shifting needs. It repealed the 
definition and gave CFTC the authority to define bona fide hedging. 

* Under CFTC regulations, no transactions or positions will be 
classified as bona fide hedging unless their purpose is to offset price
risks incidental to commercial cash or spot operations and they are
established and liquidated in an orderly manner. 

Position limits generally have not limited the level of commodity 
exposure that index investors may add to their portfolios. 

* The S&P GSCI and DJ-AIGCI collectively include 26 futures contracts, 
which are traded on six U.S. and two U.K. futures exchanges. 

* None of the contracts traded on the U.K. exchanges are subject to 
position limits or accountability levels. 

* All of the contracts traded on the U.S. exchanges are subject to 
position limits or accountability levels that apply to a single month 
or all months combined. (See appendix I for additional information.) 

Examples of position limits or accountability levels include the 
following: 

Table: 

Exchange and contract: CBOT – corn; 
Position limit or accountability level, Single month: 13,500; 
Position limit or accountability level, All months: 22,000. 

Exchange and contract: CME – feeder cattle; 
Position limit or accountability level, Single month: 1,500; 
Position limit or accountability level, All months: none. 

Exchange and contract: COMEX – copper; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 5,000. 

Exchange and contract: ICE US – cotton; 
Position limit or accountability level, Single month: 3.500; 
Position limit or accountability level, All months: 5,000. 

Exchange and contract: KCBOT – wheat; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 6,500. 

Exchange and contract: NYMEX – heating oil; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 7,000. 

Source: Exchange rules. 

[End of table] 

* The level of exposure to the S&P GSCI or DJ-AIGCI that an index 
investor could take on using futures contracts would be limited by the 
applicable position limits if the investor could not qualify for a 
hedge exemption. 

* However, index investors can use OTC swaps, which are not subject to 
position limits, to take on a commodity exposure greater than the level 
permitted for futures contracts. 

* CFTC staff recently reported that 18 index traders appeared to have 
an aggregate position in futures contracts and OTC derivatives that 
would have been above a position limit or exchange accountability level 
if all the positions were on-exchange. 

Swap dealers have qualified for hedge exemptions from position limits, 
helping them to provide index exposures to investors through swaps. 

* In 1991, CFTC granted a hedge exemption to a swap dealer that planned 
to provide a pension fund with an index exposure through an OTC swap 
and then use futures contracts to hedge its exposure. Because the 
futures positions the dealer would have to establish would have been 
greater than the position limits, it needed a hedge exemption. 

* CFTC has granted hedge exemptions to 13 swap dealers for corn,
cotton, soybeans, wheat, soybean oil, and soybean meal.[Footnote 9] In 
its September 2008 report, CFTC staff identified 16 dealers as having 
significant commodity index swap business and 13 dealers that held 
sizeable futures positions but were not known to be engaged in 
significant commodity index swaps. 

- The exemptions apply to a specific firm and set the maximum level of 
futures positions that the firm may hold with respect to one or more 
specified commodities. 

- Firms receiving a hedge exemption are not required to make additional 
filings, unless requested by CFTC or they exceed their specified 
levels. 

* CFTC has subjected the exemptions to conditions to protect the
marketplace from potential ill effects, including that: 

- the futures positions must offset specific price risk; 

- the futures positions passively track a commodity index; 

- the notional value of the futures positions cannot exceed the
dollar value of the underlying risk; and; 

- the futures positions cannot be carried into the spot month. 

To help two index funds use the futures markets to provide investors 
with an index exposure, CFTC staff provided the funds with relief from 
certain position limits under no-action letters issued in 2006. 

* Unlike the swap dealers, the index funds sought to use futures 
contracts to track a commodity index for their investors, not to hedge 
risk from a swap. As a result, CFTC staff did not believe that the 
index funds qualified for a hedge exemption. 

* Because the index fund futures positions represented a legitimate and
potentially useful investment strategy, CFTC staff granted the funds no 
action relief from position limits, subject to conditions similar to 
the ones imposed in the swap dealer exemptions. 

Like CFTC, the exchanges have provided hedge exemptions or other relief 
from exchange-set position limits. 

* The Chicago Board of Trade has issued index-hedge exemptions to 15 
dealers and 5 risk-management exemptions to 2 index funds. 

* The Chicago Mercantile Exchange has issued index-hedge or risk-
management exemptions to 13 entities. 

* The Commodity Exchange has issued 6 exemptions to 4 dealers. 

Our analysis of two periods of CFTC’s COT data indicates that swap 
dealers, on average, held positions in several agricultural futures 
markets in excess of position limits or accountability levels but that
index funds, on average, did not. (See appendix II for additional 
information.) 

* Because CFTC has granted hedge exemptions to swap dealers to manage 
price risk, the dealers are allowed to hold positions in excess of 
position limits. 

* We analyzed CFTC data covering January 26, 2006, and September 23, 
2008. 

The average sizes of net long positions, or contracts, held by index
traders on September 23, 2008, were as follows. 

Table: 

Exchange and contract: CBOT – corn; 
Average size of net long index-related position held by Funds
(contracts): 4,714; 
Average size of net long index-related position held by Dealers
(contracts): 18,669; 
Position limit or accountability level, Single month: 13,500; 
Position limit or accountability level, All months: 22,000. 

Exchange and contract: CBOT – soybeans; 
Average size of net long index-related position held by Funds
(contracts): 1,958; 
Average size of net long index-related position held by Dealers
(contracts): 8,076; 
Position limit or accountability level, Single month: 6,500; 
Position limit or accountability level, All months: 10,000. 

Exchange and contract: CBOT – soybean oil; 
Average size of net long index-related position held by Funds
(contracts): 452; 
Average size of net long index-related position held by Dealers
(contracts): 4,741; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 6.500. 

Exchange and contract: CBOT – wheat; 
Average size of net long index-related position held by Funds
(contracts): 2,544; 
Average size of net long index-related position held by Dealers
(contracts): 9,836; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 6,500. 

Exchange and contract: CME – feeder cattle; 
Average size of net long index-related position held by Funds
(contracts): 585; 
Average size of net long index-related position held by Dealers
(contracts): 138; 
Position limit or accountability level, Single month: 1,500; 
Position limit or accountability level, All months: None. 

Exchange and contract: CME – lean hogs; 
Average size of net long index-related position held by Funds
(contracts): 1,421; 
Average size of net long index-related position held by Dealers
(contracts): 5,564; 
Position limit or accountability level, Single month: 4,100; 
Position limit or accountability level, All months: None. 

Exchange and contract: CME – live cattle; 
Average size of net long index-related position held by Funds
(contracts): 2,103; 
Average size of net long index-related position held by Dealers
(contracts): 7,286; 
Position limit or accountability level, Single month: 5,400; 
Position limit or accountability level, All months: None. 

Exchange and contract: ICE US – coffee; 
Average size of net long index-related position held by Funds
(contracts): 417; 
Average size of net long index-related position held by Dealers
(contracts): 3,351; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 5,000. 

Exchange and contract: ICE US – cocoa; 
Average size of net long index-related position held by Funds
(contracts): 481; 
Average size of net long index-related position held by Dealers
(contracts): 1,283; 
Position limit or accountability level, Single month: 6,000; 
Position limit or accountability level, All months: 6,000. 

Exchange and contract: ICE US – cotton; 
Average size of net long index-related position held by Funds
(contracts): 703; 
Average size of net long index-related position held by Dealers
(contracts): 5,881; 
Position limit or accountability level, Single month: 3,500; 
Position limit or accountability level, All months: 5,000. 

Exchange and contract: ICE US – sugar; 
Average size of net long index-related position held by Funds
(contracts): 4,984; 
Average size of net long index-related position held by Dealers
(contracts): 18,399; 
Position limit or accountability level, Single month: 10,000; 
Position limit or accountability level, All months: 15,000. 

Exchange and contract: KCBOT – wheat; 
Average size of net long index-related position held by Funds
(contracts): 1,133; 
Average size of net long index-related position held by Dealers
(contracts): 1,092; 
Position limit or accountability level, Single month: 5,000; 
Position limit or accountability level, All months: 6,500. 

Source: GAO analysis of CFTC data and exchange rules. 

[End of table] 

* Without their hedge exemptions, swap dealers would have been 
prevented from holding positions in excess of the position limits, as
some currently do. 

* According to officials from a swap dealer, position limits can 
restrict the extent to which the firm can meet the needs of its clients 
and grow its business by limiting the level of futures positions it can 
hold at a particular time. 

* Officials from another dealer told us position limits can make it more
challenging for the firm to hedge its exposures but have not prevented 
it from growing its business. They said that the firm would use OTC 
derivatives or other options to hedge whenever it could not use futures 
because of position limits. 

CFTC recently has issued several proposals to change hedge exemptions 
for index traders. 

* In November 2007, CFTC proposed rules to create a new exemption from 
position limits for index funds and investors using futures to 
diversify risk. In June 2008, CFTC withdrew the proposal, in part to 
determine whether further consensus among the affected parties should 
be sought. 

* In a September 2008 report, CFTC noted that the mix of activity by 
swap dealers called into question whether they should receive hedge 
exemptions for some of their activity. CFTC recommended, as a matter of 
regulatory consistency and fairness, that its staff consider replacing 
the hedge exemption with a limited risk management exemption. 

* CFTC staff told us that the agency plans to issue an advanced notice 
of proposed rulemaking on the hedge exemptions but has not set a time 
frame for doing so. 

* Officials from a swap dealer told us that if dealers were required to 
hold fewer futures positions, the flow of swap business would be 
redistributed but the related futures positions would not be reduced. 

[End of section] 

Appendix I: Position Limits and Accountability Levels for U.S. Futures 
Contracts Included in the S&P GSCI and DJ-AIGCI: 
 
Exchange: Chicago Board of Trade;
Commodity: Corn; 
Position Limits, Single Month: 13,500; 
Position Limits, All Months: 22,000; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Board of Trade; 
Commodity: Soybean oil; 
Position Limits, Single Month: 5,000; 
Position Limits, All Months: 6,500; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Board of Trade; 
Commodity: Soybeans; 
Position Limits, Single Month: 6,500; 
Position Limits, All Months: 10,000; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Board of Trade; 
Commodity: Wheat; 
Position Limits, Single Month: 5,000; 
Position Limits, All Months: 6,500; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Feeder cattle; 
Position Limits, Single Month: 1,500; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Lean hogs; 
Position Limits, Single Month: 4,100; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Live cattle; 
Position Limits, Single Month: 5,400; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: Commodity Exchange; 
Commodity: Copper; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 5,000; 
Accountability Levels, All Months: 5,000. 

Exchange: Commodity Exchange; 
Commodity: Gold; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 6,000; 
Accountability Levels, All Months: 6,000. 

Exchange: Commodity Exchange; 
Commodity: Silver; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 6,000; 
Accountability Levels, All Months: 6,000. 

Exchange: ICE-US; 
Commodity: Cocoa; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 6,000; 
Accountability Levels, All Months: 6,000. 

5,000 5,000 None None 
Exchange: ICE-US; 
Commodity: Coffee; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 5,000; 
Accountability Levels, All Months: 5,000. 

Exchange: ICE-US; 
Commodity: Cotton; 
Position Limits, Single Month: 3,500; 
Position Limits, All Months: 5,000; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: ICE-US; 
Commodity: Sugar; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 10,000; 
Accountability Levels, All Months: 15,000. 

Exchange: Kansas City Board of Trade; 
Commodity: Wheat; 
Position Limits, Single Month: 5,000; 
Position Limits, All Months: 6,500; 
Accountability Levels, Single Month: None; 
Accountability Levels, All Months: None. 

Exchange: New York Mercantile Exchange; 
Commodity: Heating oil; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 5,000; 
Accountability Levels, All Months: 7,000. 

Exchange: New York Mercantile Exchange; 
Commodity: Natural gas; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 6,000; 
Accountability Levels, All Months: 12,000. 

Exchange: New York Mercantile Exchange; 
Commodity: RBOB oil; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 5,000; 
Accountability Levels, All Months: 7,000. 

Exchange: New York Mercantile Exchange; 
Commodity: WTI crude oil; 
Position Limits, Single Month: None; 
Position Limits, All Months: None; 
Accountability Levels, Single Month: 10,000; 
Accountability Levels, All Months: 20,000. 

Source: Exchange rules. 

Note: All of the above U.S. futures exchanges have position limits for 
the spot month, but these limits are not included in the table because 
index traders generally do not hold such positions. 

[End of table] 

[End of appendix] 

Appendix II: Net Long Positions Held by Index Traders: 

Net Long Positions Held by Index Traders on September 23, 2008: 

Exchange: Chicago Board of Trade; 
Commodity: Corn; 
Net long index-related futures contracts held by Funds: 56,563; 
Net long index-related futures contracts held by Dealers: 261,364; 
Number of funds: 12; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 4,714; 
Average size of the net long position held by Dealers: 18,669; 
Position limits or Accountability Level, Single Month: 13,500; 
Position limits or Accountability Level, All Months: 22,000. 

Exchange: Chicago Board of Trade; 
Commodity: Soybeans; 
Net long index-related futures contracts held by Funds: 21,543; 
Net long index-related futures contracts held by Dealers: 113,065; 
Number of funds: 11; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 1,958; 
Average size of the net long position held by Dealers: 8,076; 
Position limits or Accountability Level, Single Month: 6,500; 
Position limits or Accountability Level, All Months: 10,000. 

Exchange: Chicago Board of Trade; 
Commodity: Soybean oil; 
Net long index-related futures contracts held by Funds: 1,807; 
Net long index-related futures contracts held by Dealers: 66,374; 
Number of funds: 4; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 452; 
Average size of the net long position held by Dealers: 4,741; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Exchange: Chicago Board of Trade; 
Commodity: Wheat; 
Net long index-related futures contracts held by Funds: 27,985; 
Net long index-related futures contracts held by Dealers: 137,699; 
Number of funds: 11; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 2,544; 
Average size of the net long position held by Dealers: 9,836; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Feeder cattle; 
Net long index-related futures contracts held by Funds: 4,097; 
Net long index-related futures contracts held by Dealers: 1,791; 
Number of funds: 7; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 585; 
Average size of the net long position held by Dealers: 138; 
Position limits or Accountability Level, Single Month: 1,500; 
Position limits or Accountability Level, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Lean hogs; 
Net long index-related futures contracts held by Funds: 14,209; 
Net long index-related futures contracts held by Dealers: 83,465; 
Number of funds: 10; 
Number of dealers: 15; 
Average size of the net long position held by Funds: 1,421; 
Average size of the net long position held by Dealers: 5,564; 
Position limits or Accountability Level, Single Month: 4,100; 
Position limits or Accountability Level, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Live cattle; 
Net long index-related futures contracts held by Funds: 23,137; 
Net long index-related futures contracts held by Dealers: 109,285; 
Number of funds: 11; 
Number of dealers: 15; 
Average size of the net long position held by Funds: 2,103; 
Average size of the net long position held by Dealers: 7,286; 
Position limits or Accountability Level, Single Month: 5,400; 
Position limits or Accountability Level, All Months: None. 

Exchange: ICE US; 
Commodity: Coffee; 
Net long index-related futures contracts held by Funds: 4,998; 
Net long index-related futures contracts held by Dealers: 46,913; 
Number of funds: 12; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 417; 
Average size of the net long position held by Dealers: 3,351; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 5,000. 

Exchange: ICE US; 
Commodity: Cocoa; 
Net long index-related futures contracts held by Funds: 3,845; 
Net long index-related futures contracts held by Dealers: 17,965; 
Number of funds: 8; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 481; 
Average size of the net long position held by Dealers: 1,283; 
Position limits or Accountability Level, Single Month: 6,000; 
Position limits or Accountability Level, All Months: 6,000. 

Exchange: ICE US; 
Commodity: Cotton; 
Net long index-related futures contracts held by Funds: 7,030; 
Net long index-related futures contracts held by Dealers: 82,328; 
Number of funds: 10; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 703; 
Average size of the net long position held by Dealers: 5,881; 
Position limits or Accountability Level, Single Month: 3,500; 
Position limits or Accountability Level, All Months: 5,000. 

Exchange: ICE US; 
Commodity: Sugar; 
Net long index-related futures contracts held by Funds: 49,844; 
Net long index-related futures contracts held by Dealers: 257,587; 
Number of funds: 10; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 4,984; 
Average size of the net long position held by Dealers: 18,399; 
Position limits or Accountability Level, Single Month: 10,000; 
Position limits or Accountability Level, All Months: 15,000. 

Exchange: Kansas City Board of Trade; 
Commodity: Wheat; 
Net long index-related futures contracts held by Funds: 7,930; 
Net long index-related futures contracts held by Dealers: 15,293; 
Number of funds: 7; 
Number of dealers: 14; 
Average size of the net long position held by Funds: 1,133; 
Average size of the net long position held by Dealers: 1,092; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Source: GAO analysis of CFTC data and exchange rules. 

[End of table] 

Net Long Positions Held by Index Traders on January 26, 2006: 

Exchange: Chicago Board of Trade; 
Commodity: Corn; 
Net long index-related futures contracts held by Funds: 32,847; 
Net long index-related futures contracts held by Dealers: 387,631; 
Number of funds: 13; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 2,527; 
Average size of the net long position held by Dealers: 29,818; 
Position limits or Accountability Level, Single Month: 13,500; 
Position limits or Accountability Level, All Months: 22,000. 

Exchange: Chicago Board of Trade; 
Commodity: Soybeans; 
Net long index-related futures contracts held by Funds: 11,893; 
Net long index-related futures contracts held by Dealers: 115,151; 
Number of funds: 11; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 1,081; 
Average size of the net long position held by Dealers: 8,858; 
Position limits or Accountability Level, Single Month: 6,500; 
Position limits or Accountability Level, All Months: 10,000. 

Exchange: Chicago Board of Trade; 
Commodity: Soybean oil; 
Net long index-related futures contracts held by Funds: 4,045; 
Net long index-related futures contracts held by Dealers: 63,260; 
Number of funds: 4; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 1,011; 
Average size of the net long position held by Dealers: 4,866; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Exchange: Chicago Board of Trade; 
Commodity: Wheat; 
Net long index-related futures contracts held by Funds: 19,706; 
Net long index-related futures contracts held by Dealers: 179,093; 
Number of funds: 13; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 1,516; 
Average size of the net long position held by Dealers: 13,776; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Feeder cattle; 
Net long index-related futures contracts held by Funds: 2,922; 
Net long index-related futures contracts held by Dealers: 4,457; 
Number of funds: 6; 
Number of dealers: 10; 
Average size of the net long position held by Funds: 487; 
Average size of the net long position held by Dealers: 446; 
Position limits or Accountability Level, Single Month: 1,500; 
Position limits or Accountability Level, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Lean hogs; 
Net long index-related futures contracts held by Funds: 10,309; 
Net long index-related futures contracts held by Dealers: 72,036; 
Number of funds: 10; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 1,031; 
Average size of the net long position held by Dealers: 5,541; 
Position limits or Accountability Level, Single Month: 4,100; 
Position limits or Accountability Level, All Months: None. 

Exchange: Chicago Mercantile Exchange; 
Commodity: Live cattle; 
Net long index-related futures contracts held by Funds: 14,981; 
Net long index-related futures contracts held by Dealers: 79,112; 
Number of funds: 12; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 1,248; 
Average size of the net long position held by Dealers: 6,086; 
Position limits or Accountability Level, Single Month: 5,400; 
Position limits or Accountability Level, All Months: None. 

Exchange: ICE US; 
Commodity: Coffee; 
Net long index-related futures contracts held by Funds: 4,178; 
Net long index-related futures contracts held by Dealers: 32,097; 
Number of funds: 10; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 418; 
Average size of the net long position held by Dealers: 2,469; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 5,000. 

Exchange: ICE US; 
Commodity: Cocoa; 
Net long index-related futures contracts held by Funds: 4,708; 
Net long index-related futures contracts held by Dealers: 8,020; 
Number of funds: 6; 
Number of dealers: 12; 
Average size of the net long position held by Funds: 785; 
Average size of the net long position held by Dealers: 668; 
Position limits or Accountability Level, Single Month: 6,000; 
Position limits or Accountability Level, All Months: 6,000. 

Exchange: ICE US; 
Commodity: Cotton; 
Net long index-related futures contracts held by Funds: 7,079; 
Net long index-related futures contracts held by Dealers: 74,446; 
Number of funds: 9; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 787; 
Average size of the net long position held by Dealers: 727; 
Position limits or Accountability Level, Single Month: 3,500; 
Position limits or Accountability Level, All Months: 5,000. 

Exchange: ICE US; 
Commodity: Sugar; 
Net long index-related futures contracts held by Funds: 20,068; 
Net long index-related futures contracts held by Dealers: 133,588; 
Number of funds: 7; 
Number of dealers: 13; 
Average size of the net long position held by Funds: 2,867; 
Average size of the net long position held by Dealers: 10,276; 
Position limits or Accountability Level, Single Month: 10,000; 
Position limits or Accountability Level, All Months: 15,000. 

Exchange: Kansas City Board of Trade; 
Commodity: Wheat; 
Net long index-related futures contracts held by Funds: 3,955; 
Net long index-related futures contracts held by Dealers: 26,404; 
Number of funds: 3; 
Number of dealers: 10; 
Average size of the net long position held by Funds: 1,318; 
Average size of the net long position held by Dealers: 2,640; 
Position limits or Accountability Level, Single Month: 5,000; 
Position limits or Accountability Level, All Months: 6,500. 

Source: GAO analysis of CFTC data and exchange rules. 

[End of table] 

[End of appendix] 

[End of section] 

Enclosure II: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Orice Williams (202) 512-8678 or williamso@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Cody Goebel (Assistant 
Director), Kevin Averyt, Lawrance Evans, David Lehrer, Carl Ramirez, 
Roger Thomas, Paul Thompson, and Richard Tsuhara made key contributions 
to this report. 

[End of section] 

Selected Bibliography: 

Our review of the recent literature focused on empirical studies 
analyzing the causal relationship between speculative futures trader 
positions and commodity prices in the United States. Because we were 
interested primarily in commodity index trader positions, we focused on 
studies completed after 2003, given that commodity index investment 
began to increase around mid-2000s and data on commodity index futures 
positions only became publicly available in early 2007. We also list 
qualitative studies, which did not evaluate causal claims in a 
systematic way (i.e., through the use of experimental or statistical 
controls). 

Empirical Studies: 

Ahn, Daniel. Lehman Brothers Commodities Special Report: Index Inflows 
and Commodity Price Behavior (July 31, 2008). 

Antoshin, Sergei, Elie Canetti, and Ken Miyajima. "Annex 1.2. Financial 
Investment in Commodities Markets" in Global Financial Stability 
Report: Financial Stress and Deleveraging, Macrofinancial Implications 
and Policy, International Monetary Fund (Washington, D.C.: October 
2008). 

Haigh, Michael S., Jana Hranaiova, and James A. Overdahl, Office of the 
Chief Economist, U.S. Commodity Futures Trading Commission. "Price 
Dynamics, Price Discovery and Large Futures Trader Interactions in the 
Energy Complex." Staff Research Report (Washington, D.C.: April 2005). 

Interagency Task Force on Commodity Markets. Interim Report on Crude 
Oil (Washington, D.C: July 2008). 

Plato, Gerald and Linwood Hoffman. "Measuring the Influence of 
Commodity Fund Trading on Soybean Price Discovery." Proceedings of the 
NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting, 
and Market Risk Management (Chicago, Ill.: 2007). 

Sanders, Dwight R., Scott H. Irwin, and Robert P. Merrin. "The Adequacy 
of Speculation in Agricultural Futures Markets: Too Much of a Good 
Thing?" Marketing and Outlook Research Report 2008-02, Department of 
Agricultural and Consumer Economics, University of Illinois at Urbana- 
Champaign (June 2008). 

Sanders, Dwight R., Scott H. Irwin, and Robert P. Merrin. "Smart Money? 
The Forecasting Ability of CFTC Large Traders." Proceedings of the NCCC-
134 Conference on Applied Commodity Price Analysis, Forecasting, and 
Market Risk Management (Chicago, Ill.: 2007). 

Sommer, Martin. "The Boom in Nonfuel Commodity Prices: Can It Last?" in 
World Economic Outlook, International Monetary Fund (Washington, D.C.: 
September 2006). 

Qualitative Studies: 

Eckaus, R. S. "The Oil Price Is a Speculative Bubble." Working paper 08-
007, Center for Energy and Environmental Policy Research, Massachusetts 
Institute of Technology (June 2008). 

Masters, Michael W. and Adam K. White. "The Accidental Hunt Brothers: 
How Institutional Investors Are Driving Up Food and Energy Prices." The 
Accidental Hunt Brothers Blog, Special Report (July 31, 2008). 

U.S. Commodity Futures Trading Commission. Staff Report on Commodity 
Swap Dealers & Index Traders with Commission Recommendations 
(Washington, D.C.: September 2008). 

[End of section] 

Footnotes: 

[1] A futures contract is an agreement to purchase or sell a commodity 
for delivery in the future. A long futures position is one in which the 
holder has bought a futures contract and is obligated to take delivery 
of the commodity in the future. However, few contracts actually result 
in delivery, because the vast majority of contracts are offset by 
making an equal but opposite trade before the delivery date. 

[2] Inflation risk is the risk associated with the return from an 
investment not covering the loss in purchasing power caused by 
inflation. 

[3] Unlike a passive portfolio of stocks, a passive futures portfolio 
requires regular transactions because futures contracts expire. For 
example, in the case of the S&P GSCI, futures contracts near to 
expiration are rolled forward (i.e., exchanged for futures contracts 
with the next applicable expiration date) at the beginning of their 
expiration months. 

[4] For example, under a typical commodity index swap, the investor 
agrees to pay the Treasury bill rate, plus a management fee, to a swap 
dealer, and the dealer agrees to pay the total return of a specified 
commodity index, such as the S&P GSCI or DJ-AIGCI, to the investor. 

[5] See section 3 of the Commodity Exchange Act, 7 U.S.C. § 5 (2004). 

[6] Among other things, ERISA (1) requires plans to provide information 
to participants and the federal government about the plan, (2) sets 
minimum standards regarding who may participate and when they may 
participate, (3) sets responsibility standards and requires 
accountability for people who run or provide investment advice to 
plans, (4) guarantees payment of certain benefits if a defined benefit 
plan is terminated without sufficient assets to pay accumulated 
benefits, and (5) gives the Secretary of Labor the authority to bring 
legal actions to enforce title I of ERISA. 

[7] CFTC speculative position limits apply only to certain "designated" 
agricultural commodities listed in CFTC Regulation 150.2. CFTC 
regulations list certain types of positions that may be exempted from 
(and thus may exceed) these speculative position limits. The exemptions 
include bona fide hedging transactions or positions. 

[8] These studies, while not addressing all the data limitations, 
provide for a better evaluation of the causal relationship between 
positions and commodity prices. 

[9] The exemptions were granted by CFTC staff pursant to delegated 
authority under CFTC regulations and bind the Commission and its staff
with respect to the specific fact situation and persons addressed by 
the letter. 

[End of section] 

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