October 27, 2013

Weekly Roundup | The CFTC | 28 Oct 2013

The CFTC's Definition of a "US Person"  

Derivatives: Redefining ‘US person’ Creates Fund Manager Turmoil

Fund managers in Europe and Asia could scale down their US operations after being caught up in new, costly derivatives rules aimed at improving market transparency. FT: Redefining ‘US person’ creates fund manager turmoil.

Confusion over CFTC’s “US Person” Definition Causes Headaches Overseas

According to the Financial Times, foreign fund managers may begin to minimize their business with the US. Due to the CFTC’s new definition of what constitutes a “US person,” fund managers in Europe and Asia who have a principal base of business within the US will now have to conform to the CFTC’s new regulations. CFTC Law: Confusion over CFTC’s “US Person” Definition Causes Headaches Overseas.

Am I a US Person? The Known Unknowns of Who’s Who for Dodd-Frank OTC

Though it seemed for a while that the US/EU’s ‘path forward’ agreement on substituted compliance might have simplified OTC compliance for the markets, when it came to writing the rules the SEC and CFTC have somehow managed to make the definition murkier than ever.  RegTechFS: Am I a US person? The known unknowns of who’s who for Dodd-Frank OTC.

Other issues at the CFTC

Foreign Banks Cannot Escape Swap Dealer Status, Warns CFTC's Barnett

The "day will come" when CFTC tries to ensure compliance by foreign banks that have not registered as swap dealers. Risk USA: Foreign banks cannot escape swap dealer status, warns CFTC's Barnett.

CFTC Needs Time Before It Can Properly Analyse Swap Data, O'Malia Says

Scott O'Malia, who has never been shy about critiquing the CFTC, said it will take time before the US regulator can effectively analyse swap data. Automated Trader: CFTC needs time before it can properly analyse swap data.

Interview: Gary Gensler Explains How Financial Reform is Going

Health care wasn't the only area where the federal government launched an exchange this month designed to fix a broken system. Washington Post Interview: Gary Gensler explains how financial reform is going.

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