The Commodity Futures Trading Commission’s Division of Market Oversight today issued an advisory regarding the foreign board of trade (FBOT) registration framework for non-U.S. entities legally organized and operating outside the United States that seek to provide persons physically located in the United States with direct market access to their trading platforms. The CFTC’s FBOT registration framework applies to all markets, regardless of asset class, and includes both traditional and digital asset markets.
“Today’s FBOT advisory provides the regulatory clarity needed to legally onshore trading activity that was driven out of the United States due to the unprecedented regulation by enforcement approach of the past several years,” said Acting Chairman Caroline D. Pham. “By reaffirming the CFTC’s longstanding approach to provide U.S. traders with choice and access to the deepest and most liquid global markets, with a wide range of products and asset classes, American companies that were forced to set up shop in foreign jurisdictions to facilitate crypto asset trading now have a path back to U.S. markets.
“As I’ve said before, the CFTC’s existing registration categories are the simplest and fastest solution. Since the 1990s, Americans have been able to trade on non-U.S. exchanges that are registered with the CFTC as FBOTs. Starting now, the CFTC welcomes back Americans that want to trade efficiently and safely under CFTC regulations, and opens up U.S. markets to the rest of the world. It’s just another example of how the CFTC will continue to deliver wins for President Trump as part of our crypto sprint.”
As the global derivatives markets continue to evolve, leading to the development of new products, asset classes, and trading platforms both within the United States and in foreign jurisdictions, DMO has received an increased number of inquiries, including when FBOT registration is required, and what are the requirements and procedures to obtain FBOT registration. In addition, there has been recent confusion and disruption regarding whether non-U.S. exchanges should register as a designated contract market (DCM) or FBOT due to the CFTC’s recent enforcement actions based on novel interpretations that are inconsistent with decades of CFTC precedent and practice. By reaffirming the CFTC’s longstanding registration framework for FBOTs, this advisory is intended to promote regulatory clarity and access to markets.
