Today Acting Chairman
"The two commissions have provided confirmation this week that a global race-to-the-top in derivatives regulation is possible," said Acting Chairman Wetjen. "As the CFTC moves forward with the swap trading mandate in
The Path Forward statement set out that the CFTC and EC would work together on extending appropriate, time-limited transitional relief to certain MTFs, in the event that the CFTC's trade execution requirement was triggered before
Accordingly, CFTC and EC have engaged in further dialogue regarding the treatment of MTFs under the CFTC's regulatory regime, building upon the common objective to rigorously and expeditiously implement the G-20 commitments, particularly with regard to mandatory trading on regulated and organized platforms. As a result, CFTC staff today issued two no-action letters providing relief to certain EU-regulated MTFs.
Subject to certain important conditions that will preserve and incentivize harmonization of key transparency and risk mitigation safeguards, CFTC staff issued a "Conditional No-Action Letter" which provides no-action relief for (1) qualifying MTFs from the SEF registration requirement under section 5h(a)(1) of the Commodity Exchange Act (CEA); (2) parties executing swap transactions on qualifying MTFs from the trade execution mandate under CEA section 2(h)(8); and (3) swap dealers and major swap participants executing swap transactions on qualifying MTFs from certain requirements under the CFTC's business conduct rules and for which these registrants otherwise would receive or be subject to similar regulatory treatment if executing swap transactions on SEFs. CFTC's staff separately issued a Short-Term No-Action Letter to provide limited relief for all registered MTFs through
The Conditional No-Action Letter's relief would be based on an MTF meeting certain reporting and clearing-related requirements and a number of conditions previously discussed in the Path Forward statement, including having a multilateral trading scheme, a sufficient level of pre-trade and post-trade price transparency, non-discriminatory access by market participants, and an appropriate level of oversight. The MTFs are presently regulated under MIFID and are expected to meet the CFTC requirements under the conditions set out in the Conditional No-Action Letter.
On 14 January an agreement was reached by the European Parliament and the Council on updated rules for markets in financial instruments (MiFID 2). These new rules are a key step towards establishing a safer, more open and more responsible financial system and restoring investor confidence in the wake of the financial crisis. In particular these rules implement a number of the G-20 commitments, such as the introduction of a trading obligation for derivatives ensuring that these instruments are traded on transparent and multilateral venues.
As the Path Forward statement recognized, and continued dialogue and cooperation between CFTC and EC staff has demonstrated,
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