The Foreign Board of Trade (FBOT) framework is designed for the legacy financial system and is a poor fit for cryptocurrency exchanges.
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The recent Commodity Futures Trading Commission (CFTC) advisory on offshore exchanges serving US residents under the Foreign Board of Trade (FBOT) framework won’t bring offshore crypto exchanges back to the US, according to Eli Cohen, general counsel at real-world asset (RWA) tokenization company Centrifuge.
Cohen told Cointelegraph that settlement, clearing, and other regulatory requirements designed for the traditional financial system, required to , are not tailored for crypto exchanges and will be difficult or impossible to fulfill.
The CFTC’s also stipulated that only Licensed Futures Commission (FCM) exchanges, which are broker-dealers for futures contracts, and other highly regulated entities, are qualified to apply under the FBOT framework, Cohen said. He added:
“The main problem is that only regulated exchanges outside the United States can apply for the FBOT. So, you need to have an existing regulatory framework in your home country.”
Many exchanges choose to set up businesses in Seychelles or other unregulated jurisdictions to avoid such a framework in the first place, Cohen added.
The best way to provide clarity for crypto exchanges is to in Congress, codifying crypto regulations into law, and creating lasting change that does not shift from administration to administration, Cohen said.
Related:
The CFTC’s “crypto sprint” is an initiative to to fulfill US president Donald Trump’s agenda of making the US the global leader in crypto.
Several policy recommendations were proposed in the Trump administration’s crypto , which was published in July, including giving the Securities and Exchange Commission (SEC) and the CFTC .
Both regulatory agencies have proposed several collaborative policy efforts, including the potential for financial markets to become perpetual, creating a across asset classes.
The proposed change would be a significant departure from legacy financial markets, which currently do not operate on nights or weekends and close during certain holidays.
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