ISDA appreciates the opportunity to provide comments to the US Commodity Futures Trading Commission (CFTC) regarding the Cross-Border Application of the Registration Thresholds and Certain Requirements Applicable to Swap Dealers and Major Swap Participants published in the Federal Register on January 8, 2020.
We commend the Commission’s efforts to recalibrate its cross-border regime through the rulemaking process to better reflect its authority over cross-border transactions and reverse certain negative consequences that resulted from the application of the 2013 Cross-Border Guidance. Revisiting the cross-border regime is especially timely given that other nations have made significant progress in implementing the 2009 G-20 derivatives reforms.
We support the Commission’s proposed holistic, outcomes-based approach to issuing comparability determinations. We agree that the CFTC should assess the laws of foreign jurisdictions based on a common set of principles with an understanding that jurisdictions may have implemented the G-20 derivatives reforms from slightly different perspectives, and look to adopt a substituted compliance regime based on comparable, rather than identical, approaches to derivatives regulations.
Changes to the current cross-border regulatory framework are not only timely, but are also necessary. In some instances, the current framework has created regulatory barriers to access global liquidity, increased capital requirements and costs, added operational complexity and risk, and imposed burdensome duplicative compliance obligations, which ultimately diminish their intended regulatory benefit.
To further refine the cross-border regime, we have identified four aspects of the Proposal that warrant the Commission’s additional consideration, which are explained in more detail later in the letter.
Click on the attached PDF to read the full comment letter.
Documents (1) for ISDA Comment Letter to CFTC on Cross-Border Application of the Registration Thresholds and Certain Requirements Applicable to Swap Dealers and Major Swap Participants
Latest
Updated OTC Derivatives Compliance Calendar
ISDA has updated its global calendar of compliance deadlines and regulatory dates for the over-the-counter (OTC) derivatives space.
A Welcome Extension on US Treasury Clearing
Yesterday, the US Securities and Exchange Commission (SEC) announced it would delay the implementation of mandatory clearing for US Treasury securities by one year. That means eligible cash transactions will now need to be cleared by December 31, 2026, with...
ISDA and FIA Response on Pre-Hedging
On February 21, ISDA and FIA responded to the International Organization of Securities Commissions (IOSCO)’s consultation report on pre-hedging. In the response, the associations highlight that an appropriate, consistent and well-understood framework for pre-hedging is important for safe and efficient...
Treasury Clearing: Scott O'Malia Welcoming Remarks
ISDA Treasury Clearing Panel Frankfurt February 25, 2025 Welcoming Remarks Scott O’Malia ISDA Chief Executive Officer Good afternoon and welcome to this ISDA panel on US Treasury clearing. Thanks for joining us today for what I’m sure will be...