FX Issues

----- Forwarded by Brent Hendry/NA/Enron on 10/16/2000 11:41 AM -----

Dale Neuner@ECT
10/11/2000 04:31 PM

To: Amita Gosalia/LON/ECT@ECT, Justin Boyd/LON/ECT@ECT, Brent
Hendry/NA/Enron@Enron, Sara Shackleton/HOU/ECT@ECT, William
Stuart/HOU/ECT@ECT, Jeff Blumenthal/HOU/ECT@ECT, Shane Dallmann/LON/ECT@ECT,
Jason Althaus/Corp/Enron@Enron, Mark Dilworth/LON/ECT@ECT, Janine
Juggins/LON/ECT@ECT
cc: Sheri Thomas/HOU/ECT@ECT, Jennifer deBoisblanc Denny/HOU/ECT@ECT, Robert
B Cass/HOU/ECT@ECT, Melba Lozano/HOU/ECT@ECT
Subject: FX Issues

This e-mail is admittedly long, so I have classified the issues:

Legal/Tax Issue:

I have been told by the FX group here in Houston that London traders are able
to act on the behalf of the US FX Desk because the transactions they do are
for hedging purposes only (no proprietary trading). For example, the FX
transactions that are done by Trena McFarland in London are done on the
behalf of our Houston office, so Houston books the transaction, manages the
risk, and writes the Confirmation in the name of ENA.

This being the case, (i) can we apply the same logic on the internal FX
transactions that will be managed by both the US and UK traders and have the
transacting entity as ENA (ii) if we do does it gives us the necessary tax
relief, or (iii) should we stick the Metals structure where the transactions
are offered by Enron North America, acting through it's agent, Enron Europe
Finance and Trading Limited. While this may be an Internal Only Product Type
today, what effect, if any, would the choice of trading entities have on our
ability to offer these Products externally.

Technology Issue:

David - Stuart has explained to me that the US FX Desk now views these
currency exchange products as financial products. This is contrary to
previous discussions where we felt that any currency exchange involving an
Index would be considered financial, while any 'strict exchange' would be
considered a physical transaction. The change is based on conversations
Stuart has had with the Metals traders wherein they would like to see this
exchange product as a financial product. If we accept this logic, (i) do I
need to create a Deal Type for 'Par Forward Swap' for the first FX Index
Product Type that we did as well as a 'Forward Swap' for these transactions,
or is it acceptable to leave these both as swaps, and (ii) regardless of the
Deal Type classification discussed in (i), I will need to create a new
Product Type for the 'strict exchange' - either as a physical or financial
product. Additionally, if I set this up as Financial Product, I have the
Index attribute in the template to contend with, because there is no Index;
and if I set this up as a Physical Product, I have the Location attribute to
contend with, because there is no Location. Naturally we can put something
cheesy in to fill the gap since it's internal, but if we ever decide to go
external we will need a new template - and from experience with the PJM Power
(Weather Desk) Product Type, templates requires an 'and if' statement are
hard to develop.

Dale