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In the House, derivatives reform was gutted by a loophole that allows any bank to declare themselves a "swap execution facility" and simply make a trade over the phone. Now, the derivatives reform section in the Senate financial reform bill, which is generally considered one of the bill's toughest sections, is at risk of being rendered useless by its own loophole. This one would let banks dodge new clearing requirements without any negative consequences, even if they have been told by regulators that they must conduct their trade through a clearinghouse.

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