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CFTC Clarifies FBOT Route, Opening Regulated Access for Offshore Crypto Exchanges to U.S. Traders

The move clarifies that long‑standing FBOT rules apply to crypto, hinging on comparable home oversight.

Overview

  • On Aug. 28, the CFTC’s Division of Market Oversight issued an advisory confirming that non‑U.S. exchanges can register as Foreign Boards of Trade to offer direct access to eligible U.S. participants.
  • The agency described the advisory as a reminder rather than a rule change, addressing confusion over whether offshore venues should register as FBOTs or designated contract markets.
  • The framework explicitly includes digital assets and requires information‑sharing arrangements, comparable home‑jurisdiction supervision, and clearing through CFTC‑registered firms or recognized exemptions.
  • Acting Chair Caroline D. Pham framed the step as part of the CFTC’s ‘crypto sprint’ under President Trump to legally onshore trading activity that moved overseas during enforcement‑led years.
  • Industry reporting notes that major offshore platforms such as Binance, Bybit, and OKX may evaluate FBOT registration, subject to meeting the comparability and operational conditions.