Does ESMA Have Jurisdiction in the US or is That Strictly Dodd-Frank?

by Mark Kelly
  • EMIR doesn’t have many extraterritorial demands when it comes to reporting aspects.
Does ESMA Have Jurisdiction in the US or is That Strictly Dodd-Frank?
Photo: Bloomberg

EMIR doesn’t have many extraterritorial demands when it comes to reporting aspects (and ESMA is just the regulator policing EMIR and other EU financial Regulation ). If you are a non-EEA entity you have no reporting responsibilities under EMIR and if an EU entity is trading with you they are able to report a one-sided trade from their perspective.

ESMA has expressed the preference that non-EEA counter parties obtain Legal Entity Identifiers but have no way of enforcing this. However, when it comes to EMIR clearing obligations there is a little wrinkle which could affect non-EEA firms.

If you are a category of firm which would be subject to a mandatory clearing obligation if you were in the EU, then that trade will be considered subject to mandatory clearing anyway, and either both parties will need to submit their side of the transaction to an authorised CCP, or the EU party will need to submit both sides. This is likely to cause some falling out among international trading partners (but in the short term will be confined to large Interest Rate and Credit Default Swaps contracts).

EMIR doesn’t have many extraterritorial demands when it comes to reporting aspects (and ESMA is just the regulator policing EMIR and other EU financial Regulation ). If you are a non-EEA entity you have no reporting responsibilities under EMIR and if an EU entity is trading with you they are able to report a one-sided trade from their perspective.

ESMA has expressed the preference that non-EEA counter parties obtain Legal Entity Identifiers but have no way of enforcing this. However, when it comes to EMIR clearing obligations there is a little wrinkle which could affect non-EEA firms.

If you are a category of firm which would be subject to a mandatory clearing obligation if you were in the EU, then that trade will be considered subject to mandatory clearing anyway, and either both parties will need to submit their side of the transaction to an authorised CCP, or the EU party will need to submit both sides. This is likely to cause some falling out among international trading partners (but in the short term will be confined to large Interest Rate and Credit Default Swaps contracts).

About the Author: Mark Kelly
Mark Kelly
  • 16 Articles
  • 7 Followers
About the Author: Mark Kelly
Mark Kelly is a Director at Abide Financial Limited, who are a UK Approved Reporting Mechanism for MiFID and offer a hub service for EMIR trade reporting, routing client transaction reports to Trade Repositories. Abide has helped dozens of financial services firms to comply with the EMIR regulations, since mandatory trade reporting began in February 2014. Mark has been working in the financial services sector in London and New York since 1990, and has occupied senior Audit and Compliance positions in Salomon Brothers, Lehman Brothers and Barclays Capital. For the past six years he has worked as a compliance auditor and consultant, advising UK firms on how to implement technology solutions which comply with regulatory requirements. He specialises in addressing the particular needs of those caught by the MiFID reporting requirements and in helping firms to meet their EMIR obligations. Mark has a BA and PhD from the University of Mark Kelly is a Director at Abide Financial Limited, who are a UK Approved Reporting Mechanism for MiFID and offer a hub service for EMIR trade reporting, routing client transaction reports to Trade Repositories. Abide has helped dozens of financial services firms to comply with the EMIR regulations, since mandatory trade reporting began in February 2014. Mark has been working in the financial services sector in London and New York since 1990, and has occupied senior Audit and Compliance positions in Salomon Brothers, Lehman Brothers and Barclays Capital. For the past six years he has worked as a compliance auditor and consultant, advising UK firms on how to implement technology solutions which comply with regulatory requirements. He specialises in addressing the particular needs of those caught by the MiFID reporting requirements and in helping firms to meet their EMIR obligations. Mark has a BA and PhD from the University of Durham and during his career has gained professional qualifications in Internal Audit, Computer Audit and Financial Services Compliance.
  • 16 Articles
  • 7 Followers

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