Foreign Swap Trading Facilities
The Commodity Exchange Act (CEA) authorizes the Commission to exempt a foreign swap trading facility from registration with the Commission as a swap execution facility (SEF) if the facility satisfies the standard set forth in CEA section 5h(g). A foreign swap trading facility may also apply to be registered as a SEF, in accordance with the procedures set out in Part 37 of the Commission’s regulations, or apply to be a designated contract market (DCM), in accordance with the procedures set out in Part 38 of the Commission’s regulations. In order to be an eligible facility for purposes of satisfying the trade execution requirement under CEA section 2(h)(8), a foreign swap trading facility must be registered as a SEF, designated as a DCM, or exempted from SEF registration pursuant to CEA section 5h(g).
Access to Foreign Markets from the United States
Foreign boards of trade that wish to provide their members and other participants located in the U.S. with direct access to their electronic trading and order matching systems must register with the Commission and receive an Order of Registration pursuant to the procedures contained in Part 48 of the Commission’s regulations, Registration of Foreign Boards of Trade.
Foreign Products Available to U.S. Customers
In general, properly registered or exempt persons may offer or sell most foreign exchange-traded futures and commodity option products in the U.S. without additional approvals. Special procedures do apply, however, to the offer and sale of security index and foreign government debt products. Foreign exchange-traded security futures products may be offered or sold in the United States subject to certain conditions set out in an Order issued by the U.S. Securities and Exchange Commission and an Advisory issued by the CFTC's Division of Clearing and Intermediary Oversight.
Offer and Sale of Foreign Products to U.S. Customers
Under Part 30 of the CFTC's regulations, anyone who offers or sells a foreign futures or options contract to a U.S. customer must be registered under the Commodity Exchange Act in the appropriate capacity, unless specifically exempted from such registration requirement.