On January 7, the Commodity Futures Trading Commission (CFTC) and the European Securities and Markets Authority (ESMA) announced the signing of an Enhanced Memorandum of Understanding (MOU) regarding cooperation and the exchange of information with respect to certain registered derivatives clearing organizations established in the United States that are central counterparties (CCPs) recognized by ESMA under the European Market Infrastructure Regulation.
Continue Reading CFTC and ESMA Sign Enhanced MOU Related to Certain Recognized Central Counterparties

On December 30, 2020, HM Treasury (HMT) announced that the open access regime for exchange-traded derivatives (ETDs) introduced by the Markets in Financial Instruments Regulation (MiFIR) will continue to apply in the United Kingdom following the end of the transition period on December 31, 2020.
Continue Reading HMT Announces Open Access Regime for Exchange Traded Derivatives

On December 31, 2020, the UK’s Financial Conduct Authority (FCA) published a statement on the use of temporary transitional power (TTP) to modify the UK’s derivatives trading obligation (DTO). The TTP will be implemented on December 31, 2020 at 11:00 p.m. UK time (the Statement).
Continue Reading FCA Publishes Statement on Use of TTP to Modify UK Derivatives Trading Obligation

On December 4, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division (MPD) and Division of Clearing and Risk (DCR) jointly issued no-action relief, effective immediately, to provide greater certainty to the global marketplace in connection with the withdrawal of the United Kingdom from the European Union. The relief permits market participants to transfer certain swaps to an affiliate without such swaps becoming subject to the CFTC’s swap clearing requirement or uncleared swap margin requirement. The relief applies to transfers that occur up to one year following the conclusion of the transition period.
Continue Reading CFTC Staff Provides Further Brexit-Related Relief to Provide Market Certainty

On December 8, the European Banking Authority (EBA) published a statement informing customers of UK financial institutions regarding practical and contractual arrangements following the end of the Brexit transition period (the Statement).
Continue Reading EBA Publishes Statement for Consumers Regarding Post-Brexit Arrangements

On November 24, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division (MPD) and Division of Market Oversight (DMO) announced an extension of two previously granted no-action letters to provide greater certainty to the global marketplace in connection with the withdrawal of the United Kingdom (UK) from the European Union (EU).
Continue Reading CFTC Staff Extends Existing Brexit-Related Relief to Provide Market Certainty

On November 23, the European Securities and Markets Authority (ESMA) published a final report on regulatory technical standards (RTS) on the risk mitigation techniques for OTC derivative contracts not cleared by central counterparties detailing bilateral margin requirements under the European Market Infrastructure Regulation (EMIR) (the Report).
Continue Reading ESMA Publishes Final Report on EMIR RTS Clearing Obligation Regarding Intragroup Transactions and Novations From UK to EU Counterparties

On November 25, the European Securities and Markets Authority (ESMA) published a statement regarding the impact on the derivatives trading obligation (DTO) under Article 28 of the Markets in Financial Instruments Regulation (600/2014) (MiFIR) following the United Kingdom’s withdrawal from the European Union on December 31 (the Statement).
Continue Reading ESMA Publishes Statement Regarding Post-Brexit Impact on MiFIR Derivatives Trading Obligation

On November 9, the Chancellor of the UK’s HM Treasury announced its intention to provide equivalence decisions to European Economic Area (EEA) States and Member States of the European Union (EU) that will come into effect at the end of the Brexit transition period (the Announcement).
Continue Reading HM Treasury Announced Equivalence Decisions for EEA and EU Member States

On November 4, the UK’s Financial Conduct Authority (FCA) published a statement regarding its approach to the UK share trading obligation (STO) after the end of the Brexit transition period.
Continue Reading FCA Publishes Statement on Approach to Share Trading Obligation After Brexit Transition Period