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CFTC Clarifies FBOT Path for Offshore Exchanges to Serve U.S. Traders

The move confirms that a longstanding foreign-exchange registration program covers digital assets under defined supervisory conditions.

Overview

  • On Aug. 28, the CFTC’s Division of Market Oversight issued an advisory reaffirming that foreign boards of trade can register to offer direct access to U.S. participants across all asset classes, including crypto.
  • Exchanges seeking access must show comparable home‑country supervision, enter information‑sharing arrangements with U.S. authorities, and ensure trades clear through CFTC‑registered firms or applicable Regulation 30.10 exemptions.
  • The agency described the notice as a reminder of decades‑old policy rather than a new rule, addressing confusion over whether non‑U.S. venues needed FBOT or designated contract market status.
  • Acting Chair Caroline D. Pham cast the step as part of the CFTC’s crypto sprint to legally onshore activity that shifted overseas during recent enforcement‑heavy years.
  • The CFTC said inquiries about FBOT registration have risen as global derivatives and digital asset markets expanded, and it highlighted FBOT registration as the fastest route for compliant direct electronic access.