MORGAN STANLEY | 2013 | FY | 3


12.    Derivative Instruments and Hedging Activities.

 

The Company trades, makes markets and takes proprietary positions globally in listed futures, OTC swaps, forwards, options and other derivatives referencing, among other things, interest rates, currencies, investment grade and non-investment grade corporate credits, loans, bonds, U.S. and other sovereign securities, emerging market bonds and loans, credit indices, asset-backed security indices, property indices, mortgage-related and other asset-backed securities, and real estate loan products. The Company uses these instruments for trading, foreign currency exposure management, and asset and liability management.

 

The Company manages its trading positions by employing a variety of risk mitigation strategies. These strategies include diversification of risk exposures and hedging. Hedging activities consist of the purchase or sale of positions in related securities and financial instruments, including a variety of derivative products (e.g., futures, forwards, swaps and options). The Company manages the market risk associated with its trading activities on a Company-wide basis, on a worldwide trading division level and on an individual product basis.

 

In connection with its derivative activities, the Company generally enters into master netting agreements and collateral agreements with its counterparties. These agreements provide the Company with the right, in the event of a default by the counterparty (such as bankruptcy or a failure to pay or perform), to net a counterparty's rights and obligations under the agreement and to liquidate and set off collateral against any net amount owed by the counterparty. However, in certain circumstances: the Company may not have such an agreement in place; the relevant insolvency regime (which is based on the type of counterparty entity and the jurisdiction of organization of the counterparty) may not support the enforceability of the agreement; or the Company may not have sought legal advice to support the enforceability of the agreement. In cases where the Company has not determined an agreement to be enforceable, the related amounts are not offset in the tabular disclosures below. The Company's policy is generally to receive securities and cash posted as collateral (with rights of rehypothecation), irrespective of the enforceability determination regarding the master netting and collateral agreement. In certain cases, the Company may agree for such collateral to be posted to a third-party custodian under a control agreement that enables the Company to take control of such collateral in the event of a counterparty default. The enforceability of the master netting agreement is taken into account in the Company's risk management practices and application of counterparty credit limits. The following tables present information about the offsetting of derivative instruments and related collateral amounts. See information related to offsetting of certain collateralized transactions in Note 6.

 

   At December 31, 2013
   Gross Amounts(1) Amounts Offset in the Consolidated Statements of Financial Condition(2) Net Amounts Presented in the Consolidated Statements of Financial Condition Amounts Not Offset in the Consolidated Statements of Financial Condition(3) Net Exposure
         
         
      Financial Instruments Collateral Other Cash Collateral 
        
       
   (dollars in millions)
Derivative assets            
 Bilateral OTC $ 404,352$ (378,459)$ 25,893$ (8,785)$ (132)$ 16,976
 Cleared OTC(4)  267,057  (266,419)  638    638
 Exchange traded   31,609  (25,673)  5,936    5,936
  Total derivative assets$ 703,018$ (670,551)$ 32,467$ (8,785)$ (132)$ 23,550
Derivative liabilities            
 Bilateral OTC $ 386,199$ (361,059)$ 25,140$ (5,365)$ (136)$ 19,639
 Cleared OTC(4)  266,559  (265,378)  1,181   (372)  809
 Exchange traded   33,113  (25,673)  7,440  (651)   6,789
  Total derivative liabilities$ 685,871$ (652,110)$ 33,761$ (6,016)$ (508)$ 27,237

(1)       Amounts include $8.7 billion of derivative assets and $7.3 billion of derivative liabilities, which are either not subject to master netting agreements or collateral agreements or are subject to such agreements but the Company has not determined the agreements to be legally enforceable. See also “Fair Value and Notional of Derivative Instruments” for additional disclosure about gross fair values and notionals for derivative instruments by risk type.

(2)       Amounts relate to master netting agreements and collateral agreements, which have been determined by the Company to be legally enforceable in the event of default and where certain other criteria are met in accordance with applicable offsetting accounting guidance.

(3)       Amounts relate to master netting agreements and collateral agreements, which have been determined by the Company to be legally enforceable in the event of default but where certain other criteria are not met in accordance with applicable offsetting accounting guidance.

(4)       Amounts include OTC derivatives that are centrally cleared in accordance with certain regulatory requirements.

   At December 31, 2012
   Gross Amounts(1) Amounts Offset in the Consolidated Statements of Financial Condition(2) Net Amounts Presented in the Consolidated Statements of Financial Condition Amounts Not Offset in the Consolidated Statements of Financial Condition(3) Net Exposure
         
         
      Financial Instruments Collateral Other Cash Collateral 
        
       
   (dollars in millions)
Derivative assets            
 Bilateral OTC $ 604,713$ (573,844)$ 30,869$ (7,691)$ (232)$ 22,946
 Cleared OTC(4)  375,233  (374,546)  687    687
 Exchange traded  24,305  (19,664)  4,641    4,641
  Total derivative assets$ 1,004,251$ (968,054)$ 36,197$ (7,691)$ (232)$ 28,274
Derivative Liabilities            
 Bilateral OTC $ 578,018$ (547,285)$ 30,733$ (7,871)$ (64)$ 22,798
 Cleared OTC(4)  374,960  (374,866)  94   (23)  71
 Exchange traded  25,795  (19,664)  6,131  (1,028)   5,103
  Total derivative liabilities$ 978,773$ (941,815)$ 36,958$ (8,899)$ (87)$ 27,972

 

(1)       Amounts include $7.2 billion of derivative assets and $7.3 billion of derivative liabilities, which are either not subject to master netting agreements or collateral agreements or are subject to such agreements but the Company has not determined the agreements to be legally enforceable. See also “Fair Value and Notional of Derivative Instruments” for additional disclosure about gross fair values and notionals for derivative instruments by risk type.

(2)       Amounts relate to master netting agreements and collateral agreements, which have been determined by the Company to be legally enforceable in the event of default and where certain other criteria are met in accordance with applicable offsetting accounting guidance.

(3)       Amounts relate to master netting agreements and collateral agreements, which have been determined by the Company to be legally enforceable in the event of default but where certain other criteria are not met in accordance with applicable offsetting accounting guidance.

(4)       Amounts include OTC derivatives that are centrally cleared in accordance with certain regulatory requirements.

 

 

The Company incurs credit risk as a dealer in OTC derivatives. Credit risk with respect to derivative instruments arises from the failure of a counterparty to perform according to the terms of the contract. The Company's exposure to credit risk at any point in time is represented by the fair value of the derivative contracts reported as assets. The fair value of a derivative represents the amount at which the derivative could be exchanged in an orderly transaction between market participants and is further described in Notes 2 and 4.

 

The tables below present a summary by counterparty credit rating and remaining contract maturity of the fair value of OTC derivatives in a gain position at December 31, 2013 and December 31, 2012, respectively. Fair value is presented in the final column, net of collateral received (principally cash and U.S. government and agency securities):

 

OTC Derivative Products—Trading Assets at December 31, 2013(1)

 

           Cross-Maturity and Cash  Collateral Netting(3) Net  Exposure Post-Cash Collateral Net  Exposure Post-Collateral
   Years to Maturity   
Credit Rating(2) Less than 1 1 - 3 3 - 5 Over 5   
                
   (dollars in millions)
AAA $ 300$ 752$ 1,073$ 3,664$ (3,721)$ 2,068$ 1,673
AA   2,687  3,145  3,377  9,791  (13,515)  5,485  3,927
A   7,382  8,428  9,643  17,184  (35,644)  6,993  4,970
BBB   2,617  3,916  3,228  13,693  (16,191)  7,263  4,870
Non-investment grade   2,053  2,980  1,372  2,922  (4,737)  4,590  2,174
 Total $ 15,039$ 19,221$ 18,693$ 47,254$ (73,808)$ 26,399$ 17,614

 

(1)       Fair values shown represent the Company's net exposure to counterparties related to the Company's OTC derivative products. Amounts include centrally cleared OTC derivatives. The table does not include exchange-traded derivatives and the effect of any related hedges utilized by the Company.

(2)       Obligor credit ratings are determined by the Company's Credit Risk Management Department.

(3)       Amounts represent the netting of receivable balances with payable balances for the same counterparty across maturity categories. Receivable and payable balances with the same counterparty in the same maturity category are netted within such maturity category, where appropriate. Cash collateral received is netted on a counterparty basis, provided legal right of offset exists.

 

OTC Derivative Products—Trading Assets at December 31, 2012(1)

   Years to Maturity Cross-Maturity and Cash Collateral Netting(3) Net Exposure Post-Cash Collateral Net Exposure Post-Collateral
Credit Rating(2) Less  than 1 1 - 3 3 - 5 Over 5   
   (dollars in millions)
AAA $ 353$ 551$ 1,299$ 6,121$ (4,851)$ 3,473$ 3,088
AA   2,125  3,635  2,958  10,270  (12,761)  6,227  4,428
A   6,643  9,596  14,228  29,729  (50,722)  9,474  7,638
BBB   2,673  3,970  3,704  18,586  (21,713)  7,220  5,754
Non-investment grade   2,091  2,855  2,142  4,538  (6,696)  4,930  2,725
 Total $ 13,885$ 20,607$ 24,331$ 69,244$ (96,743)$ 31,324$ 23,633

_____________

(1)       Fair values shown represent the Company's net exposure to counterparties related to the Company's OTC derivative products. Amounts include centrally cleared OTC derivatives. The table does not include exchange-traded derivatives and the effect of any related hedges utilized by the Company.

(2)       Obligor credit ratings are determined by the Company's Credit Risk Management Department.

(3)       Amounts represent the netting of receivable balances with payable balances for the same counterparty across maturity categories. Receivable and payable balances with the same counterparty in the same maturity category are netted within such maturity category, where appropriate. Cash collateral received is netted on a counterparty basis, provided legal right of offset exists.

 

Hedge Accounting.

 

The Company applies hedge accounting using various derivative financial instruments to hedge interest rate and foreign exchange risk arising from assets and liabilities not held at fair value as part of asset and liability management and foreign currency exposure management.

 

The Company's hedges are designated and qualify for accounting purposes as one of the following types of hedges: hedges of exposure to changes in fair value of assets and liabilities being hedged (fair value hedges) and hedges of net investments in foreign operations whose functional currency is different from the reporting currency of the parent company (net investment hedges).

 

For all hedges where hedge accounting is being applied, effectiveness testing and other procedures to ensure the ongoing validity of the hedges are performed at least monthly.

 

Fair Value Hedges—Interest Rate Risk.     The Company's designated fair value hedges consisted primarily of interest rate swaps designated as fair value hedges of changes in the benchmark interest rate of fixed rate senior long-term borrowings. The Company uses regression analysis to perform an ongoing prospective and retrospective assessment of the effectiveness of these hedging relationships (i.e., the Company applies the “long-haul” method of hedge accounting). A hedging relationship is deemed effective if the fair values of the hedging instrument (derivative) and the hedged item (debt liability) change inversely within a range of 80% to 125%. The Company considers the impact of valuation adjustments related to the Company's own credit spreads and counterparty credit spreads to determine whether they would cause the hedging relationship to be ineffective.

 

For qualifying fair value hedges of benchmark interest rates, the changes in the fair value of the derivative and the changes in the fair value of the hedged liability provide offset of one another and, together with any resulting ineffectiveness, are recorded in Interest expense. When a derivative is de-designated as a hedge, any basis adjustment remaining on the hedged liability is amortized to Interest expense over the remaining life of the liability using the effective interest method.

 

Net Investment Hedges.     The Company may utilize forward foreign exchange contracts to manage the currency exposure relating to its net investments in non-U.S. dollar functional currency operations. No hedge ineffectiveness is recognized in earnings since the notional amounts of the hedging instruments equal the portion of the investments being hedged and the currencies being exchanged are the functional currencies of the parent and investee. The gain or loss from revaluing hedges of net investments in foreign operations at the spot rate is deferred and reported within AOCI. The forward points on the hedging instruments are recorded in Interest income.

 

During 2012, the Company recognized an out-of-period pre-tax gain of approximately $109 million in the Institutional Securities business segment's Other sales and trading net revenues related to the reversal of amounts recorded in cumulative other comprehensive income due to the incorrect application of hedge accounting on certain derivative contracts previously designated as net investment hedges of certain non-U.S. dollar-denominated subsidiaries. The Company has evaluated the effects of the incorrect application of hedge accounting, both qualitatively and quantitatively, and concluded that it did not have a material impact on any prior annual or quarterly consolidated financial statements. Subsequent to the identification of the incorrect application of net investment hedge accounting, the Company has appropriately redesignated the forward foreign exchange contracts and reapplied hedge accounting (see Note 15 for further information).

 

Fair Value and Notional of Derivative Instruments. The following tables summarize the fair value of derivative instruments designated as accounting hedges and the fair value of derivative instruments not designated as accounting hedges by type of derivative contract and the platform on which these instruments are traded or cleared on a gross basis. Fair values of derivative contracts in an asset position are included in Trading assets, and fair values of derivative contracts in a liability position are reflected in Trading liabilities in the consolidated statements of financial condition (see Note 4):

    Derivative Assets
    At December 31, 2013
    Fair Value  Notional
    Bilateral OTC Cleared OTC(1) Exchange Traded Total  Bilateral OTC Cleared OTC(1) Exchange Traded Total
                    
    (dollars in millions)
Derivatives designated as accounting                 
hedges:                 
 Interest rate contracts $ 4,729$ 287$$ 5,016 $ 54,696$ 14,685$$ 69,381
 Foreign exchange contracts   236    236   6,694    6,694
  Total derivatives designated as                  
   accounting hedges  4,965  287   5,252   61,390  14,685   76,075
                    
Derivatives not designated as accounting                 
hedges(2):                 
 Interest rate contracts   262,697  261,348  291  524,336   6,206,450  11,854,610  856,137  18,917,197
 Credit contracts   39,054  5,292   44,346   1,244,004  240,781   1,484,785
 Foreign exchange contracts   61,383  130  52  61,565   1,818,429  9,634  9,783  1,837,846
 Equity contracts   26,104   28,001  54,105   294,524   437,842  732,366
 Commodity contracts   10,106   3,265  13,371   144,981   139,433  284,414
 Other   43    43   3,198    3,198
  Total derivatives not designated                  
   as accounting hedges   399,387  266,770  31,609  697,766   9,711,586  12,105,025  1,443,195  23,259,806
Total derivatives $ 404,352$ 267,057$ 31,609$ 703,018 $ 9,772,976$ 12,119,710$ 1,443,195$ 23,335,881
Cash collateral netting   (48,540)  (3,462)   (52,002)     
Counterparty netting   (329,919)  (262,957)  (25,673)  (618,549)     
 Total derivative assets$ 25,893$ 638$ 5,936$ 32,467 $ 9,772,976$ 12,119,710$ 1,443,195$ 23,335,881

    Derivative Liabilities
    At December 31, 2013
    Fair Value  Notional
    Bilateral OTC Cleared OTC(1) Exchange Traded Total  Bilateral OTC Cleared OTC(1) Exchange Traded Total
                    
    (dollars in millions)
Derivatives designated as accounting                 
hedges:                 
 Interest rate contracts $ 570$ 614$$ 1,184 $ 2,642$ 12,667$$ 15,309
 Foreign exchange contracts   258  5   263   5,970  503   6,473
  Total derivatives designated as           .      
   accounting hedges  828  619   1,447   8,612  13,170   21,782
                    
Derivatives not designated as accounting                 
hedges(2):                 
 Interest rate contracts   244,906  261,011  228  506,145   6,035,757  11,954,325  1,067,894  19,057,976
 Credit contracts   37,835  4,791   42,626   1,099,483  213,900   1,313,383
 Foreign exchange contracts   61,635  138  23  61,796   1,897,400  10,505  3,106  1,911,011
 Equity contracts   31,483   29,412  60,895   341,232   464,622  805,854
 Commodity contracts   9,436   3,450  12,886   138,784   120,556  259,340
 Other   76    76   4,659    4,659
  Total derivatives not designated                  
   as accounting hedges   385,371  265,940  33,113  684,424   9,517,315  12,178,730  1,656,178  23,352,223
Total derivatives $ 386,199$ 266,559$ 33,113$ 685,871 $ 9,525,927$ 12,191,900$ 1,656,178$ 23,374,005
Cash collateral netting   (31,139)  (2,422)   (33,561)     
Counterparty netting   (329,920)  (262,956)  (25,673)  (618,549)     
 Total derivative liabilities$ 25,140$ 1,181$ 7,440$ 33,761 $ 9,525,927$ 12,191,900$ 1,656,178$ 23,374,005

_____________

(1)       Amounts include OTC derivatives that are centrally cleared in accordance with certain regulatory requirements.       

(2)       Notional amounts include gross notionals related to open long and short futures contracts of $426 billion and $729 billion, respectively. The unsettled fair value on these futures contracts (excluded from the table above) of $879 million and $27 million is included in Customer and other receivables and Customer and other payables, respectively, on the consolidated statements of financial condition.         

    Derivative Assets
    At December 31, 2012
    Fair Value  Notional
    Bilateral OTC Cleared OTC(1) Exchange Traded Total  Bilateral OTC Cleared OTC(1) Exchange Traded Total
                    
    (dollars in millions)
Derivatives designated as accounting                 
hedges:                 
 Interest rate contracts $ 8,046$ 301$$ 8,347 $ 66,916$ 8,199$$ 75,115
 Foreign exchange contracts   367    367   10,291    10,291
  Total derivatives designated as                  
   accounting hedges  8,413  301   8,714   77,207  8,199   85,406
                    
Derivatives not designated as accounting                 
hedges(2):                 
 Interest rate contracts   443,523  371,789  142  815,454   8,029,510  10,096,252  776,130  18,901,892
 Credit contracts   65,168  3,099   68,267   1,734,907  197,879   1,932,786
 Foreign exchange contracts   52,349  44  34  52,427   1,831,385  3,834  5,967  1,841,186
 Equity contracts   19,916   18,684  38,600   258,484   329,216  587,700
 Commodity contracts   15,201   5,445  20,646   164,842   176,714  341,556
 Other   143    143   4,908    4,908
  Total derivatives not designated                  
   as accounting hedges   596,300  374,932  24,305  995,537   12,024,036  10,297,965  1,288,027  23,610,028
Total derivatives $ 604,713$ 375,233$ 24,305$ 1,004,251 $ 12,101,243$ 10,306,164$ 1,288,027$ 23,695,434
Cash collateral netting   (68,024)  (1,224)   (69,248)     
Counterparty netting   (505,820)  (373,322)  (19,664)  (898,806)     
 Total derivative assets$ 30,869$ 687$ 4,641$ 36,197 $ 12,101,243$ 10,306,164$ 1,288,027$ 23,695,434

    Derivative Liabilities
    At December 31, 2012
    Fair Value  Notional
    Bilateral OTC Cleared OTC(1) Exchange Traded Total  Bilateral OTC Cleared OTC(1) Exchange Traded Total
                    
    (dollars in millions)
Derivatives designated as accounting                 
hedges:                 
 Interest rate contracts $ 167$ 1$$ 168 $ 2,000$ 660$$ 2,660
 Foreign exchange contracts   319    319   17,156    17,156
  Total derivatives designated as                  
   accounting hedges  486  1   487   19,156  660   19,816
                    
Derivatives not designated as accounting                 
hedges(2):                 
 Interest rate contracts   422,864  370,856  216  793,936   7,726,241  9,945,979  1,994,947  19,667,167
 Credit contracts   60,420  4,074   64,494   1,645,464  222,343   1,867,807
 Foreign exchange contracts   56,062  29  3  56,094   1,878,597  3,473  4,003  1,886,073
 Equity contracts   22,239   19,631  41,870   257,340   329,858  587,198
 Commodity contracts   15,886   5,945  21,831   169,189   155,912  325,101
 Other   61    61   5,161    5,161
  Total derivatives not designated                  
   as accounting hedges 577,532  374,959  25,795  978,286   11,681,992  10,171,795  2,484,720  24,338,507
Total derivatives $ 578,018$ 374,960$ 25,795$ 978,773 $ 11,701,148$ 10,172,455$ 2,484,720$ 24,358,323
Cash collateral netting   (41,465)  (1,544)   (43,009)     
Counterparty netting   (505,820)  (373,322)  (19,664)  (898,806)     
 Total derivative liabilities$ 30,733$ 94$ 6,131$ 36,958 $ 11,701,148$ 10,172,455$ 2,484,720$ 24,358,323

_____________

(1)       Amounts include OTC derivatives that are centrally cleared in accordance with certain regulatory requirements.

(2)       Notional amounts include gross notionals related to open long and short futures contracts of $368 billion and $1,476 billion, respectively. The unsettled fair value on these futures contracts (excluded from the table above) of $1,073 million and $24 million is included in Customer and other receivables and Customer and other payables, respectively, on the consolidated statements of financial condition.

 

The following tables summarize the gains or losses reported on derivative instruments designated and qualifying as accounting hedges for 2013, 2012 and 2011.

 

Derivatives Designated as Fair Value Hedges.

 

The following table presents gains (losses) reported on derivative instruments and the related hedge item as well as the hedge ineffectiveness included in Interest expense in the consolidated statements of income from interest rate contracts:

 

  Gains (Losses) Recognized
Product Type 2013 2012 2011
  (dollars in millions)
Derivatives$ (4,332)$ 29$ 3,415
Borrowings  5,604  703  (2,549)
Total $ 1,272$ 732$ 866

Derivatives Designated as Net Investment Hedges.

   Gains (Losses) Recognized in OCI (effective portion)
Product Type 2013 2012(1) 2011
        
   (dollars in millions)
Foreign exchange contracts(2) $ 448$ 102$ 180
 Total $ 448$ 102$ 180

____________

(1)       A gain of $77 million, net of tax, related to net investment hedges was reclassified from other comprehensive income into income during 2012. The amount primarily related to the reversal of amounts recorded in cumulative other comprehensive income due to the incorrect application of hedge accounting on certain derivative contracts (see above for further information).

(2)       Losses of $154 million, $235 million and $220 million were recognized in income related to amounts excluded from hedge effectiveness testing during 2013, 2012 and 2011.

The table below summarizes gains (losses) on derivative instruments not designated as accounting hedges for 2013, 2012 and 2011:

   Gains (Losses) Recognized in Income(1)(2)
Product Type 2013 2012 2011
        
   (dollars in millions)
Interest rate contracts$ (608)$ 2,930$ 5,538
Credit contracts  74  (722)  38
Foreign exchange contracts  4,546  (340)  (2,982)
Equity contracts  (9,193)  (1,794)  3,880
Commodity contracts  772  387  500
Other contracts  (90)  1  (51)
 Total derivative instruments$ (4,499)$ 462$ 6,923

____________

(1)       Gains (losses) on derivative contracts not designated as hedges are primarily included in Trading revenues in the consolidated statements of income.

(2)       Gains (losses) associated with certain derivative contracts that have physically settled are excluded from the table above. Gains (losses) on these contracts are reflected with the associated cash instruments, which are also included in Trading revenues in the consolidated statements of income.

 

The Company also has certain embedded derivatives that have been bifurcated from the related structured borrowings. Such derivatives are classified in Long-term borrowings and had a net fair value of $32 million and $53 million at December 31, 2013 and December 31, 2012, respectively, and a notional value of $2,140 million and $2,178 million at December 31, 2013 and December 31, 2012, respectively. The Company recognized losses of $27 million, gains of $12 million and losses of $21 million related to changes in the fair value of its bifurcated embedded derivatives for 2013, 2012 and 2011, respectively.

 

At December 31, 2013 and December 31, 2012, the amount of payables associated with cash collateral received that was netted against derivative assets was $52.0 billion and $69.2 billion, respectively, and the amount of receivables in respect of cash collateral paid that was netted against derivative liabilities was $33.6 billion and $43.0 billion, respectively. Cash collateral receivables and payables of $10 million and $13 million, respectively, at December 31, 2013 and $158 million and $34 million, respectively, at December 31, 2012, were not offset against certain contracts that did not meet the definition of a derivative.

 

Credit-Risk-Related Contingencies.

 

In connection with certain OTC trading agreements, the Company may be required to provide additional collateral or immediately settle any outstanding liability balances with certain counterparties in the event of a credit ratings downgrade. At December 31, 2013, the aggregate fair value of OTC derivative contracts that contain credit-risk-related contingent features that are in a net liability position totaled $21,176 million, for which the Company has posted collateral of $18,714 million, in the normal course of business. The additional collateral or termination payments which may be called in the event of a future credit rating downgrade vary by contract and can be based on ratings by either or both of Moody's Investor Services, Inc. (“Moody's”) and Standard & Poor's Ratings Services (“S&P”). At December 31, 2013, for such OTC trading agreements, the future potential collateral amounts and termination payments that could be called or required by counterparties or exchange and clearing organizations in the event of one-notch or two-notch downgrade scenarios based on the relevant contractual downgrade triggers were $1,244 million and an incremental $2,924 million, respectively. Of these amounts, $2,771 million at December 31, 2013 related to bilateral arrangements between the Company and other parties where upon the downgrade of one party, the downgraded party must deliver collateral to the other party. These bilateral downgrade arrangements are a risk management tool used extensively by the Company as credit exposures are reduced if counterparties are downgraded.

 

Credit Derivatives and Other Credit Contracts.

 

The Company enters into credit derivatives, principally through credit default swaps, under which it receives or provides protection against the risk of default on a set of debt obligations issued by a specified reference entity or entities. A majority of the Company's counterparties are banks, broker-dealers, insurance and other financial institutions, and monoline insurers.

 

The tables below summarize the notional and fair value of protection sold and protection purchased through credit default swaps at December 31, 2013 and December 31, 2012:

 

  At December 31, 2013
  Maximum Potential Payout/Notional
  Protection Sold Protection Purchased
  Notional Fair Value (Asset)/Liability Notional Fair Value (Asset)/Liability
         
  (dollars in millions)
Single name credit default swaps$ 799,838$ (9,349)$ 758,536$ 8,564
Index and basket credit default swaps  454,355  (3,756)  361,961  2,827
Tranched index and basket credit default swaps  146,597  (3,889)  276,881  3,883
Total$ 1,400,790$ (16,994)$ 1,397,378$ 15,274

  At December 31, 2012
  Maximum Potential Payout/Notional
  Protection Sold Protection Purchased
  Notional Fair Value (Asset)/Liability Notional Fair Value (Asset)/Liability
         
  (dollars in millions)
Single name credit default swaps$ 1,069,474$ 2,889$ 1,029,543$ (2,456)
Index and basket credit default swaps  551,630  5,664  454,800  (5,124)
Tranched index and basket credit default swaps  272,088  2,330  423,058  (7,076)
Total$ 1,893,192$ 10,883$ 1,907,401$ (14,656)

The table below summarizes the credit ratings and maturities of protection sold through credit default swaps and other credit contracts at December 31, 2013:

 

    Protection Sold
    Maximum Potential Payout/Notional Fair Value
    Years to Maturity (Asset)/
Credit Ratings of the Reference Obligation Less than 1 1-3 3-5 Over 5 Total Liability(1)(2)
               
    (dollars in millions)
Single name credit default swaps:            
 AAA $ 1,546$ 8,661$ 12,128$ 1,282$ 23,617$ (145)
 AA   9,443  24,158  25,310  4,317  63,228  (845)
 A   45,663  53,755  44,428  4,666  148,512  (2,704)
 BBB   103,143  122,382  112,950  20,491  358,966  (4,294)
 Non-investment grade   60,254  77,393  61,088  6,780  205,515  (1,361)
Total   220,049  286,349  255,904  37,536  799,838  (9,349)
Index and basket credit default swaps(3):            
 AAA   14,890  40,522  30,613  2,184  88,209  (1,679)
 AA   3,751  4,127  4,593  6,006  18,477  (275)
 A   2,064  2,263  11,633  36  15,996  (418)
 BBB   5,974  29,709  74,982  3,847  114,512  (2,220)
 Non-investment grade   67,108  157,149  122,516  16,985  363,758  (3,053)
Total   93,787  233,770  244,337  29,058  600,952  (7,645)
Total credit default swaps sold $ 313,836$ 520,119$ 500,241$ 66,594$ 1,400,790$ (16,994)
Other credit contracts(4)(5) $ 75$ 441$ 529$ 816$ 1,861$ (457)
Total credit derivatives and            
 other credit contracts $ 313,911$ 520,560$ 500,770$ 67,410$ 1,402,651$ (17,451)

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(1)       Fair value amounts are shown on a gross basis prior to cash collateral or counterparty netting.

(2)       Fair value amounts of certain credit default swaps where the Company sold protection have an asset carrying value because credit spreads of the underlying reference entity or entities tightened during the terms of the contracts.

(3)       Credit ratings are calculated internally.

(4)       Other credit contracts include CLNs, CDOs and credit default swaps that are considered hybrid instruments.

(5)       Fair value amount shown represents the fair value of the hybrid instruments.

 

The table below summarizes the credit ratings and maturities of protection sold through credit default swaps and other credit contracts at December 31, 2012:

 

 

    Protection Sold
    Maximum Potential Payout/Notional Fair Value
    Years to Maturity (Asset)/
Credit Ratings of the Reference Obligation Less than 1 1-3 3-5 Over 5 Total Liability(1)(2)
               
    (dollars in millions)
Single name credit default swaps:            
 AAA$ 2,368$ 6,592$ 19,848$ 5,767$ 34,575$ (204)
 AA  10,984  16,804  34,280  7,193  69,261  (325)
 A  66,635  72,796  67,285  10,760  217,476  (2,740)
 BBB  124,662  145,462  142,714  34,396  447,234  (492)
 Non-investment grade  91,743  98,515  92,143  18,527  300,928  6,650
Total  296,392  340,169  356,270  76,643  1,069,474  2,889
Index and basket credit default swaps(3):            
 AAA  18,652  36,005  45,789  3,240  103,686  (1,377)
 AA  1,255  9,479  12,026  8,343  31,103  (55)
 A  2,684  5,423  5,440  125  13,672  (155)
 BBB  27,720  105,870  143,562  29,101  306,253  (862)
 Non-investment grade  97,389  86,703  153,858  31,054  369,004  10,443
Total  147,700  243,480  360,675  71,863  823,718  7,994
Total credit default swaps sold$ 444,092$ 583,649$ 716,945$ 148,506$ 1,893,192$ 10,883
Other credit contracts(4)(5)$ 796$ 125$ 155$ 1,323$ 2,399$ (745)
Total credit derivatives and other            
 credit contracts$ 444,888$ 583,774$ 717,100$ 149,829$ 1,895,591$ 10,138

_____________

(1)       Fair value amounts are shown on a gross basis prior to cash collateral or counterparty netting.

(2)       Fair value amounts of certain credit default swaps where the Company sold protection have an asset carrying value because credit spreads of the underlying reference entity or entities tightened during the terms of the contracts.

(3)       Credit ratings are calculated internally.

(4)       Other credit contracts include CLNs, CDOs and credit default swaps that are considered hybrid instruments.

(5)       Fair value amount shown represents the fair value of the hybrid instruments.

 

Single Name Credit Default Swaps.    A credit default swap protects the buyer against the loss of principal on a bond or loan in case of a default by the issuer. The protection buyer pays a periodic premium (generally quarterly) over the life of the contract and is protected for the period. The Company in turn will have to perform under a credit default swap if a credit event as defined under the contract occurs. Typical credit events include bankruptcy, dissolution or insolvency of the referenced entity, failure to pay and restructuring of the obligations of the referenced entity. In order to provide an indication of the current payment status or performance risk of the credit default swaps, the external credit ratings of the underlying reference entity of the credit default swaps are disclosed.

 

Index and Basket Credit Default Swaps.    Index and basket credit default swaps are credit default swaps that reference multiple names through underlying baskets or portfolios of single name credit default swaps. Generally, in the event of a default on one of the underlying names, the Company will have to pay a pro rata portion of the total notional amount of the credit default index or basket contract. In order to provide an indication of the current payment status or performance risk of these credit default swaps, the weighted average external credit ratings of the underlying reference entities comprising the basket or index were calculated and disclosed.

 

The Company also enters into index and basket credit default swaps where the credit protection provided is based upon the application of tranching techniques. In tranched transactions, the credit risk of an index or basket is separated into various portions of the capital structure, with different levels of subordination. The most junior tranches cover initial defaults, and once losses exceed the notional of the tranche, they are passed on to the next most senior tranche in the capital structure.

 

When external credit ratings are not available, credit ratings were determined based upon an internal methodology.

 

Credit Protection Sold through CLNs and CDOs.    The Company has invested in CLNs and CDOs, which are hybrid instruments containing embedded derivatives, in which credit protection has been sold to the issuer of the note. If there is a credit event of a reference entity underlying the instrument, the principal balance of the note may not be repaid in full to the Company.

 

Purchased Credit Protection with Identical Underlying Reference Obligations.    For single name credit default swaps and non-tranched index and basket credit default swaps, the Company has purchased protection with a notional amount of approximately $1.1 trillion and $1.5 trillion at December 31, 2013 and December 31, 2012, respectively, compared with a notional amount of approximately $1.3 trillion and $1.6 trillion at December 31, 2013 and December 31, 2012, respectively, of credit protection sold with identical underlying reference obligations. In order to identify purchased protection with the same underlying reference obligations, the notional amount for individual reference obligations within non-tranched indices and baskets was determined on a pro rata basis and matched off against single name and non-tranched index and basket credit default swaps where credit protection was sold with identical underlying reference obligations.

 

The purchase of credit protection does not represent the sole manner in which the Company risk manages its exposure to credit derivatives. The Company manages its exposure to these derivative contracts through a variety of risk mitigation strategies, which include managing the credit and correlation risk across single name, non-tranched indices and baskets, tranched indices and baskets, and cash positions. Aggregate market risk limits have been established for credit derivatives, and market risk measures are routinely monitored against these limits. The Company may also recover amounts on the underlying reference obligation delivered to the Company under credit default swaps where credit protection was sold.


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