Members of the European Parliament are currently discussing a report on cross-border regulation and supervision of financial services, under the rapporteurship of Brian Hayes MEP.
ISDA’s comment paper supports a risk-based approach to the evaluation and recognition of the comparability of regulatory regimes in third-country jurisdictions, in line with its September 2017 whitepaper on the issue.
ISDA’s paper also supports the work of the rapporteur, making a number of additional remarks, including:
- The current equivalence framework was not designed with the UK in mind and it is appropriate to apply a risk-sensitive approach to the relationship between the EU and such third countries in order to fulfil European Union (EU) objectives in the financial services area.
- The current concern to address the future relationship between the UK and other high-impact third countries should not result in a framework that makes all engagement in cross-border derivatives business more challenging.
- European Commission equivalence determinations should generally be focused on the outcomes resulting from non-EU jurisdictions’ regulatory frameworks.
- The current process for granting equivalence is insufficiently scalable.
- Existing equivalence mechanisms come with a number of challenges, including potential for withdrawal at short notice, inconsistency across different pieces of legislation, and the lack of a clear process for consultation with third countries.
- Equivalence is crucial to the ability of firms to operate effectively in non-EU markets.
Documents (1) for ISDA Response on ECON Cross-border Regulation Report
Latest
Paper on Proposal 6 on Margin Transparency
On November 16, ISDA published a document that looked at proposal 6 in the final Basel Committee on Banking Supervision (BCBS), Committee on Payments and Market Infrastructures (CPMI) and International Organization of Securities Commissions (IOSCO) report on margin transparency. Proposal...
Tender Issued for DC Administrator Role
ISDA and the Credit Derivatives Governance Committee have issued an invitation to tender for an independent regulated entity to serve as the administrator for the Credit Derivatives Determinations Committees (DCs), which includes assuming the role of DC secretary. The DC...
ISDA SIMM: The Standard for IM Calculations
The ISDA Standard Initial Margin Model (ISDA SIMM) plays an important role in ensuring margin calculations are consistent, transparent and aligned with global best practices and regulatory requirements. Since its launch in 2016, the model has been rigorously tested, regularly...
ISDA In Review – October 2025
A compendium of links to new documents, research papers, press releases and comment letters published by ISDA in October 2025.
