Shearman & Sterling LLP | FinReg | European Commission and US Commodity Futures Trading Commission Reach Agreement on Regulation of Clearing Houses and Central Counterparties
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  • European Commission and US Commodity Futures Trading Commission Reach Agreement on Regulation of Clearing Houses and Central Counterparties

    02/10/2016

    The European Commission and US Commodity Futures Trading Commission announced they had reached agreement on a common approach to requirements for central clearing counterparties. The Commission is expected to adopt an equivalence decision affirming that the CFTC requirements for US CCPs are equivalent to those under the European Market Infrastructure Regulation. US CCPs recognised under EMIR will be able to continue to provide services in the EU whilst complying with CFTC requirements, although this will likely be subject to US CCP compliance with certain aspects of EU rules on collateral calculations. The European Securities and Markets Authority has also announced that whilst it has 180 days to recognise CCPs under EMIR, it aims to shorten that period given the deadline of June 21, 2016, for the start of the clearing obligation. The CFTC will propose a determination of comparability with EU requirements, allowing EU CCPs to provide services to US clearing members and clients whilst complying with EU requirements. The registration process for EU CCPs wishing to register with the CFTC is also expected to be streamlined.  A separate more detailed client note will be published in due course, treating these issues in more detail.
     
    View the statement of the Commission and CFTC.
     
    View ESMA's statement.

    View our client note on the
    EU-US Agreement on Regulation of Central Counterparties.
     
    TOPIC: Derivatives