The importance of cross-border harmonization is something that was recognized by regulators at the very start of the post-crisis regulatory reform effort. According to the Group of 20 (G-20), regulators should implement global standards to reform derivatives markets “consistently in a way that ensures a level playing field and avoids fragmentation of markets, protectionism, and regulatory arbitrage”.
While significant progress has been made by the industry and regulators to implement changes to improve the resilience of financial markets, the hoped-for march towards global consistency and cross-border harmonization has been much slower. This has resulted in duplication, complexity and unnecessary compliance challenges for derivatives users.
Given the progress made in implementation at the national level, ISDA believes the time is now ripe to relook at the cross-border framework, with the objective of developing a process for comparability determinations that is risk-centered and principles-based.
This whitepaper:
- Proposes a risk-based framework for the evaluation and recognition of the comparability of derivatives regulatory regimes of foreign jurisdictions;
- Establishes a set of risk-based principles that may be used as a tool in the assessment of derivatives regulatory regimes of foreign jurisdictions; and
- Analyzes the derivatives regulatory frameworks of representative G-20 nations against the proposed risk-based principles.
ISDA believes the proposed framework strikes the proper balance by focusing on risk and its cross-border implications, rather attempting to align each and every regulatory requirement between jurisdictions. This approach will allow for substituted compliance determinations, while reducing the chances of protracted negotiations that could lead to diminished liquidity and market fragmentation.
The proposed principles could be deployed globally, but this paper focuses on the cross-border framework introduced by the US Commodity Futures Trading Commission (CFTC). ISDA believes the proposed approach is more consistent with the intent of the Dodd-Frank Act by allowing for appropriate regulatory oversight of derivatives trading – specifically, the activities that contributed to the financial crisis – while giving deference to foreign rules that are not intended to address risk.
Click on the attached PDF to read the full paper.
Documents (1) for ISDA Proposes Risk-based Framework for Substituted Compliance via Cross-border Principles
Latest
Moving Regulatory Reporting up a Gear with AI
The aim of derivatives regulatory reporting is to improve transparency so regulators can monitor market activity and identify emerging risks. Although reporting rules and subsequent updates have resulted in improvements, they haven’t achieved fully consistent outcomes, leading to implementation and...
Sydney DTF: Scott O'Malia Opening Remarks
ISDA/AFMA Sydney Derivatives Trading Forum October 26, 2026 Opening Remarks Scott O’Malia ISDA Chief Executive Good morning, and welcome to the ISDA and AFMA Derivatives Trading Forum. Thanks for joining us today, and a big thank you to our...
ISDA Publishes FpML Version 5.14
ISDA has published a new version of its Financial products Markup Language (FpML), a widely used open-source standard for the electronic dealing and processing of derivatives transactions. The latest iteration – version 5.14 – incorporates several key modifications and updates...
Accounting for Tokenized Assets as Collateral
The use of tokenized assets as collateral for derivatives and securities financing transactions (SFTs) is emerging as a significant development in global capital markets. Financial institutions are increasingly evaluating tokenized representations of money market funds, government securities and other high-quality...
