Developments in Cross-Border Derivatives Jurisdiction

The CFTC has recently provided useful guidance on the scope of its jurisdiction over cross-border derivatives activity and has taken steps to simplify the complex web of cross-border derivatives definitions. Despite these developments, the regime remains highly complex for market participants both in and outside the United States. This webinar examines recent developments in the cross-border application of the Commodity Exchange Act and related regulatory regimes. Topics will include the CFTC’s efforts to rationalize derivatives definitions and cross-border regulatory categories, increasing clarity around the U.S. nexus that triggers U.S. requirements, the extraterritorial reach of the SEC’s U.S. Treasury clearing mandate, expectations for cross-border enforcement by the CFTC, SEC and DOJ, and pain points and practical implications for globally active market participants.