Tag: Cross-border

CFTC proposes regulations superseding in part its 2013 cross-border guidance

On October 11, the Commodity Futures Trading Commission (“CFTC’”) issued proposed rules and interpretations (the “Proposed Rule”) addressing the cross-border application of certain swap provisions of the Commodity Exchange Act. Generally speaking, the Proposed Rule aims to: (1) codify certain aspects of the CFTC’s earlier guidance on the cross-border aspects of its swaps regulations (the … Continue Reading

CFTC delays key cross-border swap Advisory for 5th time

Almost two years ago, in November 2013, CFTC staff issued a cryptic 2-page Advisory stating that swaps between a non-US swap dealer and a non-US person, even if they are booked outside the United States, are subject to certain “Transaction-Level Requirements” adopted by the CFTC in implementing the Dodd-Frank derivatives reforms, if the non-US swap … Continue Reading

CFTC issues first-of-its-kind exemption from DCO registration to foreign clearing organization

On August 18, 2015 the Commodity Futures Trading Commission (“CFTC’”) issued an order of exemption from registration as a derivatives clearing organization (“DCO”) to ASX Clear (Futures) Pty Limited (“ASX Clear”) of Sydney, Australia. This is the first exemption of this nature. It is based on the CFTC’s authority under section 5b(h) of the Commodity … Continue Reading