The CFTC cooperates with foreign authorities through formal Memoranda of Understanding (MOUs) and other cooperative arrangements for enforcement, supervisory, and other purposes.
Cross-border cooperation and information sharing between or among authorities play an integral role in effective enforcement, supervision, surveillance, and risk assessment.
Cooperation for Enforcement Purposes
The CFTC has entered into bilateral arrangements for cooperative enforcement with authorities in more than 20 jurisdictions and also is a signatory to a multilateral arrangement with more than 130 foreign authorities. MOUs typically provide for access to non-public documents and information already in the possession of the authorities and often include undertakings to obtain documents and to take testimony of, or statements from, witnesses on behalf of a requesting authority. MOUs may also set forth how signatories are to consult, cooperate, and exchange information for regulatory enforcement purposes.
Cooperation for Supervisory, Prudential, and Risk Assessment Purposes
These arrangements facilitate information sharing for supervisory, prudential, and risk-assessment purposes. They establish a framework for cooperation in various cross-border contexts and address such matters as sharing information on derivatives and related activity, sharing fitness and financial information, and conducting on-site examinations.
Supervision of Alternative Investment Fund Industry
The CFTC and European authorities signed MOUs establishing a cooperative framework for the supervision of entities subject to the European Union Alternative Investment Fund Managers Directive. The framework also provides for cooperation with respect to commodity pool operators, commodity trading advisors, and commodity pools.
Safeguards for Exchanging Personal Data with Authorities in Europe and the United Kingdom
The CFTC has signed two Administrative Arrangements (Arrangements) that describe safeguards for personally identifiable information (personal data) transferred to or received from authorities in the European Economic Area and the Financial Conduct Authority in the United Kingdom.
Cooperation Related to Technical Assistance
These arrangements cover information sharing and the provision of technical assistance.
Fintech Arrangements
These arrangements cover cooperation and information sharing related to financial technology innovation.