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Course Brochure on Anti-Manipulation Compliance in Energy Trading
1. marcus evans professional training
www.marcusevanspt.com
Anti-Manipulation in Energy Market
Regulation & Compliance
Creating and implementing proactive compliance
against market-manipulation behavior and acts
in an evolving multi-regulatory environment
Benefits of attending this comprehensive course will include:
• Address CFTC and FERC rules that relate to current questionable behaviors that could be considered
market manipulation where your organization holds liability
• Improve effectiveness of implementing proactive market compliance training and operational changes for greater compliance risk mitigation
• Maintaining compliance while still addressing business goals for growth and competitiveness
• Examine required due-diligence to discover weak points relevant to market compliance
• Conduct an analysis of your current operations for proactive training and implementing operational change
• Review implementation status timelines that adhere to multi-agency reporting and requirements and a creates more effective program rollouts
• Align FERC other requirements to your program for greater compliance roll out
• Avoid common trader myths that result to market manipulation
• Drafting and implementing Energy Trading risk management Policy and Procedures
• Drive accountability and action from senior leadership to monitor market manipulation and concerning red flags
• Understand distinctions between prohibited manipulative trading activities and legitimate open-market trading activities
• Update and enhance compliance initiatives and programs to respond to overlapping jurisdictions to safeguard
if called for investigation and enforcement actions
• Drive proactive and smart compliance around vague and arbitrary regulation wording of multiple agencies on Anti-Manipulation rules
• Understand necessary actions to take and key practices to avoid non-compliant penalties related to market manipulation
FOCUSED SERIES
He who knows
all the answers,probably
doesn’t
understand the
questions.
– John Templeton
2. www.marcusevanspt.com
page 2FOCUSED SERIES
Anti-Manipulation in Energy Market Regulation & Compliance
Creating and implementing proactive compliance against market-manipulation
behavior and acts in an evolving multi-regulatory environment
Why you must attend
Energy market participants are subject to many anti-manipulation regulations overseen by multiple regulatory agencies includinig FERC and CFTC. Intentional or not,
noncompliance can result in penalties up to $1million per violation for every day the violation occurs. Adding to the complexity, the rules written regarding market manipulation
are full of grey areas are written in vague and arbitrary terms creating difficulty in understanding. Even past manipulation cases tried are inconsistent in their categorical
determinations of specific behaviors deemed illegal and lack functional linkage to other cases tried by that prosecuting agency or others with Anti-Manipulation compliance
regulations. Noncompliance also risks barring individuals from serving as an officer or director of an electric utility company or natural gas as well as prohibiting them from
engaging in the business of trading energy commodities or transmitting services. With energy market regulations constantly changing and multiple agencies requiring compliance
adding to the complexity, it is difficult to stay abreast of ensuring your compliance and proactive surveillance programs adhere to related governing rules. Companies that
are not able to set up effective compliance face huge operational risks with penalties and fines into the millions.To comply with Anti-Manipulation and trading regulations,
energy companies will need to employ enhanced internal training and due diligence procedures to identify and report issues or risk investigations and enforcement actions.
Energy companies will need to develop additional capabilities and modify existing operational processes as penalties for non-compliance
Compliance in the Trade Regulations
In addition to providing you with a good grounding in the theories that underpin this discipline, this course will also provide case study examples of operations compliance and
timelines in practice. You will also be given the opportunity to work through many of the challenges faced by your own organization in developing and implementing an effective
strategy for a compliant surveillance operations, training and documentation.
Key areas to be covered in the program and documentation
Updating and Enhancing Market Compliance Initiatives and Training
• Creating and implementing a Anti-Manipulation Compliance Training
• Leverage existing operations & due diligence processes and systems
• Understand your organization’s goals and strategy implications with market
compliance requirements
• Work with senior management to gain their sponsorship and to help
them understand risks of noncompliance and implications from market
manipulation enforcement actions
Reviewing FERC and CFTC in Regards to Market Manipulation Fundamentals,
Compliance and Requirements in a Changing Landscape
• Understand definitions and expectations related to Market Manipulation
within various regulatory agencies
• Lessons to learn from recent CFTC and FERC market manipulation cases
and outcomes
• Proper self surveillance and reporting requirements
• Understand penalties and tines from wrongdoings and improper protocols
and surveillance
Compliance Program Surveillance as a Proactive Approach to Reduce
Risks and Create Safegards
• Create and incorporating surveillance into compliance programs
• Capture operations and outcome irregularities with greater success
• Manage data and resource capabilities while allocating proper resource levels
for program success
• Mitigate risks and minimizing penalties from proper surveillance efforts
Creating and Implementing a Compliance Program and Timeline/Roadmap
• Draft and implementing trading risk management policies and procedures
• Ensure proper segregation of functions on the trade floor
• Evaluate the risk parameters and stress testing requirements on the trade floor
• Understand requirements regardless of industry and level when trading
in energy markets
• Re-evaluate the role of credit risk management in overall compliance structure-
an underestimated part of risk management
• Re-evaluate master trade agreements and documentation to avoid
market manipulation
Explore Hypothetical Examples of Commonly Executed Transactions in
Electricity, Natural Gas, Crude Oil and Other Natural Resources Transactions
• Physical settle transactions with volumetric optionality
• Hedging forward capacity deals
• Entering into trades just to obtain price signals
• Avoiding losing physical trades that may benefit corresponding financial positions
Drafting and Implementing Energy Trading Risk Management
Policy and Procedures
• Clearly articulate policies and procedures as safeguards and turns wrongdoings
to isolated events and becomes an escalation lessening risk exposure
for the company
• Understand what are necessary elements for robust policy and procedures
• Update requirements within established policy and procedures
Internal Operations aligned to Proper Anti-Manipulation Compliance
• Creating and implementing a compliance program and timeline/roadmap
• Reporting and operations of information
• Creating a culture of risk awareness/silos
• How technology and operations fits into being compliant
Effectively Managing Documentation and Reporting within Ongoing
Business Compliance Requirements
• Understanding the requirement in reporting to multiple agencies and
their related noncompliant risks
• Identify and classify different categories to requirements and rules related
• Relevant documentation to obtain and define relevant market rule specifications
• Reporting obligations
Understanding and Addressing Market Manipulation Compliance Issues
and Main Risks Involved
• Operational Issues
• Compliance Issues
• Legal Issues
Who should attend?
marcus evans invites VPs, Directors, In-House Counsel, and Senior-level managers within the Energy Industry with responsibilities in:
• Corporate Counsel
• Regulatory Counsel
• Trading Counsel
• Chief Compliance Officer
• CFTC & FERC Compliance
• Officers/ Managers
• Regulatory Affairs
• Risk Management
• Energy Industry Analysis
• Energy Swaps
• Derivatives
• Energy Trading
Duration of Course: 2 days
Dates: October 8-9, 2013 | Chicago, IL
3. page 3MARCUS EVANS PROFESSIONAL TRAINING
marcus evans
professional training
Trainers
key to our success! marcus evans’ trainers are leading trainers. This ensures that our trainers are the best and most appropriate trainers for each individual course in terms
of areas of expertise, training style, commercial industry experience and proven results. We choose trainers who are specialists in their respective fields and are dedicated
to enhancing the skills and knowledge of our delegates through practical, interactive and applicable training.
Information about the trainer:
Miki Kolobara is the Managing Attorney at Kolobara Law Firm, LLC. Miki practices in commodities and derivatives trading law with particular emphasis on energy trading,
energy risk management, and energy trading compliance. Prior to founding Kolobara Law Firm, Miki spent 15 years working for several large energy companies where he assisted
in creating and implementing trading policies and procedures, drafting standard trading and credit documentation, and training front and middle office personnel about legal
and compliance aspects of energy trading. He has negotiated hundreds of master agreements and documentation for physical and financial transactions, as well as structured
transactions for natural gas, electricity, coal, crude oil, and emissions allowances.
Miki serves on the Futures and Derivatives Law Committee of the American Bar Association, as well as the North American Energy Standards Board's contracting committee
where he participated in drafting the NAESB standard master agreement for natural gas trading. Additionally, Miki is active in the International Energy Credit Associations'
Contracts and Legal committee and its Dodd-Frank Act working group. As a member of the WSPP contracting committee, Miki participated in drafting of the WSPP standard
master agreement for electricity trading. Miki is a frequent speaker on topics related to energy trading, hedging, risk management, and compliance.
Miki received his Juris Doctorate from the University of Nebraska Law College in 1996 and his Bachelor of Arts from the University of Nebraska at Omaha in 1992. Miki was
admitted to practice in Arizona in 2004.
Training style – making training dynamic!
Our trainers are selected on their ability to inspire, motivate and empower delegates. This is achieved by delivering training that is dynamic and relevant to the day-to-day
challenges delegates face in the real world. All of the training courses offered represent a blend of tried and tested methods as well as the latest tools, techniques, market
research, case studies and dynamic ways of thinking.
A maximum of 12 delegates per course in deluxe training venues allows for interactive training through group discussion, role-plays and exercises giving delegates
the “how to” applicable and adaptable skills that they can use on returning to work.
Course content – making it relevant!
All delegates complete detailed pre-course questionnaires before the event enabling trainers to tailor course content in order to meet specific delegate needs. Delegate
objectives are re-visited before, during and after the event allowing us to focus on outcomes and address any delegate concerns as and when they arise. Where applicable,
our trainers also act as coaches in providing one-to-one advice and feedback both during and after the course. To support your learning, we provide extensive documentation
on all courses including, theory, models, exercises, worksheets, case studies, action plans, slides and further reading and reference material.
Course information
Upon receipt of your completed registration form you will receive formal confirmation of your booking. Approximately three weeks before the respective course you will
receive all pre-course information including joining instructions, course timings, venue and accommodation information and pre-course questionnaires. Should you need to
make travel and accommodation arrangements prior to receiving this information then please do not hesitate to contact a member of our team on 312 540 3000 EXT 6445.
marcus evans professional training courses combine the latest tools, techniques, market research,
case studies and dynamic ways of thinking, delivered by experienced trainers to ensure the skills
and knowledge acquired are directly applicable to your organisation.
Research the latest concepts, tools, techniques and tried and tested methods
Trainers the highest standard of dynamic trainers with cross-industry experience
Tailored detailed pre-course questionnaires to address your objectives
Applicability training relevant to your needs and your workplace
Interactive limited numbers with group exercises, role-plays and feedback
Action planning, implementation and follow-up
Documentation comprehensive supporting notes and further reading materials
Venue duluxe facilities supporting the training environment
In-company training solutions
If you have a number of delegates with similar training needs then you may wish to consider having a cost-effective in-company training solution delivered locally or on-site.
Courses can be tailored to specific requirements or developed as bespoke solutions. We also deliver activated teambuilding and leadership in-company workshops.
Book now on 312 540 3000 EXT 6714.
Further information
Please visit www.marcusevanspt.com for further course information and training resources including:
Course Contact:
For more information on availability, course
content and registration, please contact
Emily Jones at emilyj@marcusevansch.com,
312 540 3000 ext. 6714.
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