News & Analysis as of

Cross-Border Transactions Regulatory Oversight Financial Markets

Katten Muchin Rosenman LLP

Confirming a Negative: CFTC Staff Issue an Advisory Clarifying When Foreign-Organized Entities Are Trading and Brokering Digital...

Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or...more

Jones Day

CFTC Divisions Interpret "U.S. Person" Definition and U.S. Location Versus Foreign Location

Jones Day on

A 2024 CFTC enforcement action settlement that may have introduced a new test for when the Commodity Exchange Act and the agency's regulations apply on a cross-border basis concerned then-CFTC Commissioner and now Acting CFTC...more

Morrison & Foerster LLP

CFTC Staff Issue Interpretive Guidance on Cross-Border Definitions

The CFTC staff have issued interpretative guidance regarding the application of cross-border definitions under the CFTC’s regulatory regimes covering swaps, foreign futures and foreign options transactions, and foreign boards...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Issues Guidance on ‘US Persons’ Determinations

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC’s) Market Participants Division (MPD) and Division of Market Oversight (DMO) jointly issued a staff interpretive letter regarding cross-border definitions and...more

Goodwin

The Publication of the CSSF’s Annual Report 2023

Goodwin on

On September 19th, 2024, the CSSF published its 2023 annual report, highlighting key regulatory challenges, particularly in the realm of crypto-assets following the implementation of the Markets in Crypto-Assets Regulation...more

Orrick, Herrington & Sutcliffe LLP

MIFID II: Performing Investment Services and Activities by Institutions Based in Third Countries in Italy

The performance of investment services and activities by entities established in third countries in Italy is becoming an increasing concern among specialized operators for the obvious reason, which will be discussed...more

Sheppard Mullin Richter & Hampton LLP

China Capital Controls: Best Practices for Accelerating International Payments

Following the depreciation of Chinese currency RMB and the reduction in China’s foreign exchange reserves, foreign companies and individuals in China have met hurdles in moving their money out of China, and overseas companies...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - CTFC Approves Proposed Rules Addressing Application of Certain CEA Regulations to Cross-Border Transactions - On October 11, 2016, the U.S. Commodity Futures Trading Commission...more

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