The Office of International Affairs (OIA) operates under the
Office of the Chairman at the Commodity Futures Trading Commission. OIA
enhances the Commission’s ability to meet challenges posed by the
globalization of financial markets by compiling information on the
applicable law and procedure in various jurisdictions; coordinating U.S.
information sharing requirements pertaining to futures and options
oversight and regulation; supporting Commission staff in promoting U.S.
interests in international fora; and in aiding foreign regulators in the
pursuit of their mandates when inter-jurisdictional issues involving the
U.S. arise.
OIA CONTACT INFORMATION
Office of International Affairs
Commodity Futures Trading Commission
Three Lafayette Centre
1155 21st Street, N.W.
Washington, DC 20581
Telephone: (202) 418-5645
Facsimile: (202) 418-5548
Email OIA: Office
of International Affairs
ANSWERS TO
COMMONLY ASKED QUESTIONS
OIA has compiled the answers to many frequently asked questions in a
document entitled Answers to Commonly Asked Questions linked
below. This document answers questions that non-U.S. persons might want
to know regarding the regulatory work of the CFTC and can serve as a
rough guide for foreign persons attempting to find pertinent information
on the Commission's website.
» Answers to Commonly Asked
Questions (PDF) (updated August 17, 2004)
INTERNATIONAL INITIATIVES
The CFTC participates in and observes a wide range of international
initiatives. These initiatives (listed below) enhance international
supervisory cooperation and emergency procedures; establish concrete
standards of best practices that set international benchmarks for
regulation of futures and derivatives markets; encourage improved
transparency in those markets; improve the quality and timeliness of
international information sharing; and encourage jurisdictions around the
world to remove any legal or practical obstacles to achieving these
goals.
» Methodology For Assessing Implementation Of The IOSCO
Objectives And Principles Of Securities Regulation
Assessment Methodology (PDF)
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October 2003
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This document provides securities regulators guidance on how to apply
IOSCO's Objectives and Principles of Securities Regulation
concretely to an assessment of a given jurisdiction.
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» IOSCO Strengthens International Cooperation to Fight
Illegal Securities and Derivatives Activities IOSCO
MMOU (PDF)
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October 2003
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During its annual conference in South Korea, IOSCO announced its
efforts to strengthen international cooperation in the fight against
illegal securities and derivatives activities through the
promulgation of a global memorandum of understanding (IOSCO MMOU)
between securities regulators.
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» CESR Advice on the Second Set of Level 2 Implementing
Measures for the Market Abuse Directive Market Abuse
Directive (PDF)
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August 2003
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CESR published this document as part of its consultation process on
the creation of a single financial services market in the European
Union as mandated of CESR by the EU Commission in early 2003.
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» National Futures Association's Self-Examination
Checklist for FCMs, IBs, CPOs and CTAs (PDF)
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June 2003
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The U.S. futures and options self-regulator, NFA, issued this
checklist or assessment guide for FCMs, IBs, CPOs and CTAs
domestically and internationally.
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» CPSS/IOSCO Assessment methodology for
"Recommendations for Securities Settlement
Systems" (PDF)
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November 2002
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The Committee on Payment Settlement Systems (CPSS) and IOSCO's
Technical Committee provide guidance on how to apply concretely their
Recommendations for Securities Settlement Systems to an
assessment of a given jurisdiction's securities settlement
practices.
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» NFA International Regulators Alert
System (HTML)
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June 2002
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The U.S. National Futures Association in collaboration with the CFTC
developed an alert system to keep international regulators abreast of
the domestic status of U.S. firms operating in foreign jurisdictions.
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» IOSCO Objectives And Principles of Securities
Regulations Principles (PDF)
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September 1998
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IOSCO published this set of guidelines for successful securities
regulatory regimes internationally to serve as a seminal standard
setting document in financial markets that are increasing globally
interconnected.
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» Application of the Tokyo Communiqué to
Exchange-Traded Financial Derivatives Contracts (PDF)
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September 1998
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This document clarifies many aspects of the Tokyo Communiqué
guidance applicable to the oversight of financial derivatives markets
and contracts not settled by a deliverable of finite supply.
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» Tokyo
Communiqué on Supervision of Commodity Futures Markets
Tokyo Communiqué (PDF)
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October 1997
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This document, for the first time, established internationally
recognized benchmarks for contract design and/or review and for
market surveillance and information sharing in physical delivery
markets.
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» Declaration on Cooperation and Supervision of
International Futures Markets and Clearing Organizations
Boca Declaration (HTML)
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March 1996
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A multilateral mechanism for information sharing on a bilateral basis
whereby the occurrence of certain agreed triggering events affecting
an exchange member’s financial resources or positions will
prompt the sharing of information.
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» Windsor
Declaration (HTML)
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May 1995
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This document makes recommendations for regulatory action with regard
to cooperation between market authorities; protection of customer
positions, funds and assets; default procedures; and regulatory
cooperation in emergencies.
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» Joint Statement on
OTC Derivatives Oversight (HTML)
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March 1994
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An initiative which identifies ways in which the CFTC, U.S.
Securities and Exchange Commission and U.K. Securities and
Investments Board (now the U.K. Financial Services Authority) can
cooperate in their regulatory approaches to the over-the-counter
derivatives market and which sets forth common goals to be achieved
by the three authorities.
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U.S. Access to
Foreign Products
The CFTC receives numerous inquiries concerning what products traded on
foreign futures and options exchanges may be offered or sold in the
United States. In general, properly registered or exempt persons may
offer or sell most foreign exchange-traded futures and commodity option
products in the United States without additional approvals. Special
procedures do apply, however, to the offer and sale of stock index and
foreign government debt products, subject to regulation under the
Commodity Exchange Act. For more information, see the CFTC Backgrounder:
Foreign Instrument Approvals and Exemptions. For
information on foreign stock index or sovereign debt products not covered
by this Backgrounder and on how to qualify such investments for sale in
the United States, contact the CFTC Office of General Counsel.
Sales of Foreign Products to U.S.
Customers
The CFTC often receives inquiries regarding who may offer and sell
foreign products to U.S. customers. Under Part 30 of the CFTC's
regulations (17 CFR Part 30), anyone who offers or sells a foreign
futures or options contract to a U.S. customer must be registered under
the Commodity Exchange Act in the appropriate capacity, unless
specifically exempted from such registration requirement. Foreign brokers
in certain jurisdictions can apply to the National
Futures Association (NFA) to offer foreign futures and options to
U.S. customers under a Rule 30.10 exemption. For information on how to
apply for Part 30 relief and on firms that are exempt from registration,
contact the NFA Information Center, between 8 a.m. and 5 p.m. Central
Time, at (800) 621-3570 or (312) 781-1410. General information on Rule
30.10 and a list of foreign regulatory or self-regulatory authorities
that have been granted or have applied for Rule 30.10 relief are provided
in the CFTC Backgrounder: Regulatory and Self-Regulatory
Authorities That Have Received Exemptions Under CFTC Rule 30.10.
Firms that are exempt under Rule 30.10 may offer and sell only foreign
products to U.S. customers.
Registration and Disciplinary
History
For information on the registration status of firms and individuals,
access the BASIC (Background Affiliation Status
Information Center) service maintained by the National
Futures Association (NFA). You also may contact the NFA
Information Center, between 8 a.m. and 5 p.m. Central Time, at (800)
621-3570 or (312) 781-1410.
For information on the disciplinary history of brokers and other
commodity professionals, access BASIC, contact the NFA Information Center at
either of the above telephone numbers, or call NFA’s Disciplinary
Information Access Line (DIAL), between 8 a.m. and 5 p.m. Central Time,
at (800) 676-4NFA.
Training Seminar for Foreign Market
Authorities
Each year, generally in October, the CFTC organizes a one-week training
seminar in Chicago, Illinois for foreign regulators and exchange
representatives. The seminar introduces attendees to the full scope of
the Commission's regulatory program, including hands-on workshop
opportunities in computer trade practice and financial surveillance, as
well as to broader policy issues. The seminar continues to evolve as we
adapt it to the diverse needs of participants and current regulatory
interest. The agenda for the 2003 training seminar:
» CFTC International Regulators Training Seminar Agenda
2003
If you would like more information on the October seminar or wish to be
placed on the mailing list for notification of upcoming seminars, please
contact the OIA at (202)418-5645.
International
Links
Please note that the following are links to websites created and
maintained by other organizations. These organizations post information
on international developments and also sometimes post consultative drafts
in an effort to obtain public comment on certain documents. The CFTC does
not necessarily endorse the views expressed on these websites and does
not guarantee the accuracy or completeness of any information presented
on these websites.
» International Organization of Securities Commissions
(IOSCO). The CFTC often collaborates on IOSCO activities
helping to pursue U.S. foreign policy objectives internationally and to
cultivate international standards and mutual respect among financial
market regulators. The site contains a list of IOSCO members (including
contact persons, addresses and telephone numbers) and a library of public
documents relating to issues relevant for securities regulators
internationally. Especially of note is IOSCO's collection of
Memoranda of Understandings (MOUs). For more information on MOUs, see the
CFTC Backgrounder: The CFTC: An Active Partner in Global Cooperation Through
Information-Sharing with Other Financial Regulators.
» Bank for International Settlements (BIS).The BIS
is an international organization which fosters cooperation among central
banks and other agencies in pursuit of monetary and financial stability.
This international financial institution prepares many publications
relevant to financial services including but not limited to securities
and derivatives markets.
» International Monetary Fund (IMF). The IMF is an
international organization of 184 member countries. It was established to
promote international monetary cooperation, exchange stability, and
orderly exchange arrangements; to foster economic growth and high levels
of employment; and to provide temporary financial assistance to countries
to help ease balance of payments adjustment. Additional information on
foreign markets may be found in the IMF country member databases: the Special
Data Dissemination Standard provides information about economic and
financial data disseminated by member countries that subscribe to the
SDDS; and the Reports on Observance of Standards and Codes
(ROSCs) summarizes the extent to which countries observe
certain internationally recognized standards.
» The Committee of
European Securities Regulators (CESR). CESR is an independent
Committee regrouping senior representatives from national public
authorities competent in the field of securities. CESR's mandate
includes: improving coordination among European Securities Regulators;
acting as an advisory group to assist the European Commission, in
particular in its preparation of draft implementing measures in the field
of securities; and, ensuring more consistent and timely day to day
implementation of Community legislation in the Members States.
OIA PUBLICATIONS
The Office of International Affairs and its staff often publish works
related to capital markets issues, and more specifically to derivative or
contract markets. The views and opinions held in these documents are not
officially endorsed by the Commission and its staff unless otherwise
noted; they do often, however, contain insightful analyses of the issues
relating to futures and options oversight and regulation both
domestically and internationally. The following is a list of some of the
more recent works OIA has undertaken:
» Focus on Capital: New Approaches to Developing Latin
American Capital Markets (Order online)
|
June 2003
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This book contains a chapter dealing specifically with how to
development a derivatives market along side of cash markets in
developing countries: Designing a Derivatives Complement to Cash
Markets in Developing Countries by Andrea M. Corcoran, Ronald B.
Hobson, Gregory J. Kuserk, Karen K. Wuertz, and Derek West.
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» CFTC's Exchange-Traded Derivatives in Developing
Capital Markets Report Derivatives in Developing
Markets (PDF)
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March 2001
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The report contains the responses received in answer to a
questionnaire-template sent in 2000 relating to the exchanges and
regulatory systems for exchange-traded derivatives transactions in
certain jurisdictions with developing capital markets. The
jurisdictions include: Argentina, Brazil, Chile, China, the Czech
Republic, Greece, Hungary, India, Indonesia, Israel, Kenya, Malaysia,
Mexico, New Zealand, Peru, Poland, Portugal, Russia, Slovenia, South
Africa, South Korea, Taiwan, Thailand, Turkey and Venezuela.
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» National Laws
Relating to Over-The-Counter Derivatives Transactions and the
Public Policy Objectives of Financial Regulation Derivatives
Laws (PDF)
|
July 2000
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The paper examines the extent to which and the manner in which the
national laws of non-United States jurisdictions relating to
derivatives and, in particular, over-the-counter derivatives, address
the following areas: prevention of manipulation; fraud and customer
protection; financial integrity and reduction of systemic risk;
regulatory cooperation; legal authority, risk, and choice of law; and
regulatory parity. The information reflects the status of
international developments in the regulation of over-the-counter
derivatives through March 2000.
|
» Futures
Exchange and Contract Authorization: Standards and Procedures in
Selected Countries Futures Authorization
(PDF)
|
August 1999
|
This report includes a general review of the legislative and
regulatory approaches employed by the jurisdictions, followed by
tabular summaries of each jurisdiction's standards and
procedures, regarding: authorization of exchanges; amendment of
exchange rules; admission of contracts to trading on an exchange;
and, amendment of admitted contracts. Responding jurisdictions
include Australia, France, Germany, Italy, Canada (Ontario,
Québec), Singapore, Spain, Switzerland, and the United Kingdom.
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» Survey on Regulation
of Over-the-Counter (OTC) Derivatives Transactions PART ONE
OTC Survey (PDF)
|
March 1999
|
PART ONE. The report contains responses received from regulators in
16 jurisdictions in answer to a questionnaire containing questions on
individual regulatory approaches to OTC derivatives transactions. The
responding jurisdictions are: Australia, Belgium, Brazil, Canada,
France, Germany, Hong Kong, Italy, Japan, the Netherlands, Ontario,
Québec, Spain, Sweden, Switzerland, and the United Kingdom.
|
» Survey on Regulation
of Over-the-Counter (OTC) Derivatives Transactions PART TWO
OTC Survey (PDF)
|
March 1999
|
PART TWO. This report contains responses received from regulators in
16 jurisdictions in answer to a questionnaire containing questions on
individual regulatory approaches to OTC derivatives transactions. The
responding jurisdictions are: Australia, Belgium, Brazil, Canada,
France, Germany, Hong Kong, Italy, Japan, the Netherlands, Ontario,
Québec, Spain, Sweden, Switzerland, and the United Kingdom.
|
» CFTC's
Exchange-Traded Derivatives in Developing Capital Markets
Report Derivatives in Developing Markets
(PDF)
|
September 1997
|
The report contains the responses received in answer to a
questionnaire-template sent in 1996 relating to the exchanges and
regulatory systems for exchange-traded derivatives transactions in
certain jurisdictions with developing capital markets.
|
» Survey on the
Effect of the Investment Services Directive on the Regulation of
Firms Established Outside the European Economic Area. EU
Investment Services Directive (HTML)
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May 1998
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This document is intended as a brief introduction to the effect of
the Investment Services Directive on the regulation of firms
established outside the European Economic Area. This document is not
intended as a legal guide to providing investment services in the
European Economic Area.
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