In What Situations Does Relief Apply (or not Apply) to a Foreign Firm?

Under CFTC regulations, intermediaries to futures and options products offered to U.S. customers are subject to CFTC regulations, including registration requirements, unless an exemption is available and granted to a particular party.

Which requirements apply, and whether an exemption is available, to a particular party depends on the location of the intermediary and what role the intermediary seeks to undertake, whether the intermediary solicits U.S. customers, and whether the intermediary seeks to deal in foreign or U.S. futures and options transactions. The chart below identifies the relevant registration requirements given various circumstances.

Role of Intermediary U.S. or Non-U.S. Customers U.S. or Foreign Futures and Options Relevant Regulation/Exemption
Any U.S. Customer U.S. Futures/Options Registration required. § 3.10
FFOB Non-U.S. Customers U.S. Futures/Options Registration exemption available under § 3.10(c)
Any U.S. Customers Foreign Futures/Options

All Part 30 rules.

Exemptive relief available through 
§ 30.10

FFOB U.S. Customers Foreign Futures/Options Exemption from registration pursuant to regulation 30.5 upon filing an Exempt Foreign Firm 7-R with NFA.
Any Non-U.S. Customer Foreign Futures/Options No CFTC regulation.