Cross-Border Clarity: CFTC provides guidance and additional time for industry to address cross-border swaps

December 2012
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Cross-Border Clarity: CFTC provides guidance and additional time for industry to address cross-border swaps

At a glance

The Commodity Futures Trading Commission (“CFTC”) issued a final “Exemptive Order” and “Further Proposed Guidance” to clarify its approach to regulating cross-border swaps activities under Title VII of the Dodd-Frank Act. This FS Regulatory Brief discusses the CFTC’s approach and offers insight into the impacts on foreign and US swap dealers.

On December 21, 2012, the Commodity Futures Trading Commission (“CFTC”) issued a final “Exemptive Order” and “Further Proposed Guidance” to clarify its approach to regulating cross-border swaps activities under Title VII of the Dodd-Frank Act. In issuing this release, the CFTC continues to juggle the competing tasks of regulating US swaps activity, avoiding competitive inequity, discouraging evasion and deferring to local regulation.

This FS Regulatory Brief discusses the CFTC’s approach to important cross-border questions and offers insight into some of the expected practical impacts on foreign and US swap dealers.

To read this FS Regulatory Brief, please click here.

 

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