On May 5, HM Treasury announced its intentions to remove the UK Markets in Financial Instruments Regulation (UK MiFIR) from the open access regime for exchange traded derivatives (ETDs).
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European Union
FCA Update on Reporting LEIs of Non-EEA Third Country Issuers Under UK SFTR
On April 6, the UK Financial Conduct Authority (FCA) announced that legal entity identifiers (LEIs) of non-EEA third country issuers will not need to be reported under the UK version of the European Union’s Regulation on reporting and transparency of securities financing transactions (UK SFTR), until at least April 13, 2022.
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Post-Brexit Financial Services in United Kingdom — Bank of England Commentary Published
On March 23, the United Kingdom’s House of Commons Treasury Committee published the Bank of England’s (BoE) ‘written evidence’/responses to a UK Government inquiry into the post-Brexit future of financial services in the United Kingdom (the Response).
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FCA Publishes Consultation Paper on Regulating Bidding for Emission Allowances Under UK ETS
On March 8, the Financial Conduct Authority (FCA) published a consultation paper detailing its proposals to regulate bidding for emissions allowances on the UK auction platform under the UK Emissions Trading Scheme (ETS) (the Consultation Paper).
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CFTC and ESMA Sign Enhanced MOU Related to Certain Recognized Central Counterparties
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.
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HMT Announces Open Access Regime for Exchange Traded Derivatives
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.
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FCA Publishes Statement on Use of TTP to Modify UK Derivatives Trading Obligation
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).
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CFTC Staff Provides Further Brexit-Related Relief to Provide Market Certainty
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.
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EBA Publishes Statement for Consumers Regarding Post-Brexit Arrangements
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).
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CFTC Staff Extends Existing Brexit-Related Relief to Provide Market Certainty
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).
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