Topic
Cross-Border Swaps
10 published works
Global Financial Regulatory Blog
What to Know About the New CFTC Cross-Border Swaps Regime
A comprehensive guide to the new rule, which largely supersedes prior CFTC guidance that had informed market practice for over seven years. By Yvette D. Valdez, Adam Bruce Fovent, and…
Corporate & Financial Weekly Digest
CFTC Adopts Final Cross-Border Swap Rulemaking; Staff Issues No-Action Relief for ANE Transactions
By a vote of 3-2, on July 23, the Commodity Futures Trading Commission adopted its Final Cross-Border Swaps Rulemaking (Final Cross-Border Rule), which codifies several parts of the CFTC’s existing…
Banking, Finance and Securities
CFTC’s Giancarlo’s Cross-Border White Paper 2.0 signals upcoming rule proposals to replace cross-border guidance
By Joseph Williams (US), Anna Biegelsen (US), Lillian A. Cardona (US)
On October 1, 2018, the Commodity Futures Trading Commission’s (“CFTC”) Chairman, J. Christopher Giancarlo released a White Paper entitled, “Cross-Border Swaps Regulation Version 2.0: A Risk-Based Approach with Deference to…
Corporate & Financial Weekly Digest
CFTC Proposes New Rules for Cross-Border Swaps
On October 10, the Commodity Futures Trading Commission proposed new rules for cross-border swaps (the Proposed Rules) that are intended to supersede the non-binding guidance with respect to such swaps…
Banking, Finance and Securities
CFTC delays key cross-border swap Advisory for 5th time
Almost two years ago, in November 2013, CFTC staff issued a cryptic 2-page Advisory stating that swaps between a non-US swap dealer and a non-US person, even if they are…
Corporate & Financial Weekly Digest
CFTC Responds to District Court’s Remand Order on Certain Cross-Border Swaps Rules
By Ross Pazzol
On March 10, the Commodity Futures Trading Commission released an initial response to the order of the US District Court for the District of Columbia in SIFMA v. CFTC remanding…
Corporate & Financial Weekly Digest
Judge Rules in Favor of CFTC on Cross-Border Application of Dodd-Frank Rules
By Ross Pazzol
On September 16, Judge Paul L. Friedman of the US District Court for the District of Columbia denied a challenge to the extraterritorial application of certain Commodity Futures Trading Commission…
Administrative and Regulatory
CFTC prevails in legal challenge to its cross-border interpretive guidance
A federal district court has handed the Commodity Futures Trading Commission (CFTC) a substantial victory, largely rejecting a legal challenge to the agency’s cross-border interpretive guidance brought by financial trade…
Corporate & Financial Weekly Digest
CFTC Issues Interpretive Guidance Regarding Certain Cross-Border Transactions
On July 12, the Commodity Futures Trading Commission adopted interpretive guidance and a policy statement regarding the cross-border application of the swap provisions of the Dodd-Frank Wall Street Reform and…
Corporate & Financial Weekly Digest
SEC Issues Proposal Regarding Cross-Border Security-Based Swap Activities
By Ross Pazzol, James M. Brady
On May 1, the Securities and Exchange Commission proposed rules and interpretive guidance with respect to cross-border security-based swap activities. Under this proposal, the requirements of Title VII of the…