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CFTC Explores Cross-Border Access for EU-Regulated Crypto Exchanges Under FBOT

The agency is seeking input on whether its longstanding regime could recognize MiCA/MiFID platforms that demonstrate comparable safeguards.

Overview

  • Acting Chair Caroline Pham outlined an exploratory plan to extend the Foreign Boards of Trade framework to digital asset venues.
  • The pathway would allow direct U.S. customer access to select offshore exchanges only if their rules are comparable to U.S. standards.
  • EU platforms authorized under MiCA or MiFID are under consideration for potential eligibility subject to custody, clearing, surveillance, and data‑sharing controls.
  • The CFTC recently reaffirmed its FBOT program and set stakeholder engagement, including a joint SECCFTC roundtable on Sept. 29 and public comments due Oct. 20 under the Crypto Sprint.
  • Officials framed the effort as a practical way to repatriate trading activity under U.S. oversight without new legislation, while emphasizing no approvals or safe harbors have been issued.