Voluntary Carbon Markets: Analysis of Regulatory Oversight in the US

Voluntary carbon markets are widely considered to have an important role to play in achieving greenhouse gas emissions goals. Market demand from entities and individuals purchasing carbon credits that are created through investments in nature-based or technology-based projects have fueled growth of the sector, with demand projected to increase by a factor of 15 or more by 2030 and a factor of 100 by 2050.

ISDA is focused on developing strong legal standards to encourage consistency in the definition of voluntary carbon credits (VCCs), as well as provide clarity on the bankruptcy and regulatory treatment in key jurisdictions for both primary and secondary markets.

Consistent with this objective, this whitepaper has been published to: (i) discuss some legal and regulatory questions relating to voluntary carbon markets; (ii) describe the oversight of primary and derivatives markets under Commodity Futures Trading Commission (CFTC) rules; and (iii) explain why VCC derivatives are considered commodity derivatives by the CFTC. The paper also recommends the CFTC could use its experience in regulating commodity derivatives markets as a blueprint for enhancing its oversight of voluntary carbon derivatives markets by employing a combination of private-sector and regulatory tools.

Documents (1) for Voluntary Carbon Markets: Analysis of Regulatory Oversight in the US

ISDA Response on MIFID Reporting

On January 17, ISDA responded to the European Securities and Markets Authority’s (ESMA) consultation on a review of transaction data reporting under the Markets in Financial Instruments Regulation (MIFIR). In the response, ISDA highlights its support for several changes proposed...

ISDA/IIF Response CCR Hedging

On January 31, ISDA and the Institute of International Finance (IIF) submitted a joint response to the Basel Committee on Banking Supervision’s proposed technical amendment on counterparty credit risk (CCR) hedging exposures. The associations believe the proposed changes to the...