Last Call Today for Comments on European Commission's FX Instruments Consultation
- The applicability of EMIR reporting for certain FX instruments revealed inconsistency of local definitions, and resulted in needed clarification, a 30 day public comment period was given, and comes to an end today.
Today is the last day for FX firms operating within the Europe Union to submit comments on the clarification of Foreign Exchange contracts, requested by a consultation that started less than a month ago by the European Commission (EC) on April 10,2014.
FX firms were asked to provide their views, either publicly or as anonymous contributors, on the subject of how Foreign Exchange spot contract are defined across the EU, while questions were posed in the document with regards to how such contracts are construed in different scenarios and the resulting applicability of MiFID, as FX can often act as a payment rather than when it’s construed as an investment, among other scenarios that changes how it's perceived under applicable regulations.
An excerpt of the consultation highlights the challenge, "Article 39(2) of Regulation (EC) No 1287/2006 (MiFID L2) provides a specification of what constitutes a spot contract for the purposes of commodities, but not for FX contracts. The majority of Member States do not have a definition of a forward or delineate a boundary for FX spots in their legislation (5 have legislation, 13 do not - although 7 of these apply supervisory practices that delineate between spots and forwards) and in the minority of cases where they have, the approach adopted has differed. As a result this provision is not currently being applied on a harmonised basis across the Union."
The difference of interpretation arose shortly after EMIR reporting went into effect in February, as Forex Forex Foreign exchange or forex is the act of converting one nation’s currency into another nation’s currency (that possesses a different currency); for example, the converting of British Pounds into US Dollars, and vice versa. The exchange of currencies can be done over a physical counter, such as at a Bureau de Change, or over the internet via broker platforms, where currency speculation takes place, known as forex trading.The foreign exchange market, by its very nature, is the world’s largest trading market by volume. According to the Bank of International Settlements (BIS) latest survey, the Forex market now turns over in excess of $5 trillion every day, with the most exchanges occurring between the US Dollar and the Euro (EUR/USD), followed by the US Dollar and the Japanese Yen (USD/JPY), then the US Dollar and Pound Sterling (GBP/USD). Ultimately, it is the very exchanging between currencies which causes a country’s currency to fluctuate in value in relation to another currency – this is known as the exchange rate. With regards to freely floating currencies, this is determined by supply and demand, such as imports and exports, and currency traders, such as banks and hedge funds. Emphasis on Retail Trading for ForexTrading the forex market for the purpose of financial gain was once the exclusive realm of financial institutions.But thanks to the invention of the internet and advances in financial technology from the 1990’s, almost anyone can now start trading this huge market. All one needs is a computer, an internet connection, and an account with a forex broker. Of course, before one starts to trade currencies, a certain level of knowledge and practice is essential. Once can gain some practice using demonstration accounts, i.e. place trades using demo money, before moving on to some real trading after attaining confidence. The main two fields of trading are known as technical analysis and fundamental analysis. Technical analysis refers to using mathematical tools and certain patterns to help decide whether to buy or sell a currency pair, and fundamental analysis refers to gauging the national and international events which may potentially affect a country’s currency value. Foreign exchange or forex is the act of converting one nation’s currency into another nation’s currency (that possesses a different currency); for example, the converting of British Pounds into US Dollars, and vice versa. The exchange of currencies can be done over a physical counter, such as at a Bureau de Change, or over the internet via broker platforms, where currency speculation takes place, known as forex trading.The foreign exchange market, by its very nature, is the world’s largest trading market by volume. According to the Bank of International Settlements (BIS) latest survey, the Forex market now turns over in excess of $5 trillion every day, with the most exchanges occurring between the US Dollar and the Euro (EUR/USD), followed by the US Dollar and the Japanese Yen (USD/JPY), then the US Dollar and Pound Sterling (GBP/USD). Ultimately, it is the very exchanging between currencies which causes a country’s currency to fluctuate in value in relation to another currency – this is known as the exchange rate. With regards to freely floating currencies, this is determined by supply and demand, such as imports and exports, and currency traders, such as banks and hedge funds. Emphasis on Retail Trading for ForexTrading the forex market for the purpose of financial gain was once the exclusive realm of financial institutions.But thanks to the invention of the internet and advances in financial technology from the 1990’s, almost anyone can now start trading this huge market. All one needs is a computer, an internet connection, and an account with a forex broker. Of course, before one starts to trade currencies, a certain level of knowledge and practice is essential. Once can gain some practice using demonstration accounts, i.e. place trades using demo money, before moving on to some real trading after attaining confidence. The main two fields of trading are known as technical analysis and fundamental analysis. Technical analysis refers to using mathematical tools and certain patterns to help decide whether to buy or sell a currency pair, and fundamental analysis refers to gauging the national and international events which may potentially affect a country’s currency value. Read this Term Magnates reported, and as companies had to decide based on applicable rules within their country of operation, within the EU, - whether their spot foreign exchange business fell under the reportable instruments bounded under EMIR.
As ESMA sent a letter to the EC that sought clarification, a reply from EC Commissioner Michel Barnier over the above mentioned concerns raised followed, as the reporting start date had just gone into effect, and the resulting consultation period that closes today will be gathering the feed back from different sides of the Foreign Exchange space. This includes all walks of FX life, from investment firms, to platform operators, interdealer brokers, online brokers and payment providers and vendors involved in facilitating Payments Payments One of the bases of mediums of exchange in the modern world, a payment constitutes the transfer of a legal currency or equivalent from one party in exchange for goods or services to another entity. The payments industry has become a fixture of modern commerce, though the players involved and means of exchange have dramatically shifted over time.In particular, a party making a payment is referred to as a payer, with the payee reflecting the individual or entity receiving the payment. Most commonly the basis of exchange involves fiat currency or legal tender, be it in the form of cash, credit or bank transfers, debit, or checks. While typically associated with cash transfers, payments can also be made in anything of perceived value, be it stock or bartering – though this is far more limited today than it has been in the past.The Largest Players in the Payments IndustryFor most individuals, the payments industry is dominated currently by card companies such as Visa or Mastercard, which facilitate the use of credit or debit expenditures. More recently, this industry has seen the rise of Peer-to-Peer (P2P) payments services, which have gained tremendous traction in Europe, the United States, and Asia, among other continents.One of the biggest parameters for payments is timing, which looms as a crucial element for execution. By this metric, consumer demand incentivizes technology that prioritizes the fastest payment execution.This can help explain the preference for debit and credit payments overtaking check or money orders, which in previous decades were much more commonly utilized. A multi-billion-dollar industry, the payments space has seen some of the most innovation and advances in recent years as companies look to push contactless technology with faster execution times. One of the bases of mediums of exchange in the modern world, a payment constitutes the transfer of a legal currency or equivalent from one party in exchange for goods or services to another entity. The payments industry has become a fixture of modern commerce, though the players involved and means of exchange have dramatically shifted over time.In particular, a party making a payment is referred to as a payer, with the payee reflecting the individual or entity receiving the payment. Most commonly the basis of exchange involves fiat currency or legal tender, be it in the form of cash, credit or bank transfers, debit, or checks. While typically associated with cash transfers, payments can also be made in anything of perceived value, be it stock or bartering – though this is far more limited today than it has been in the past.The Largest Players in the Payments IndustryFor most individuals, the payments industry is dominated currently by card companies such as Visa or Mastercard, which facilitate the use of credit or debit expenditures. More recently, this industry has seen the rise of Peer-to-Peer (P2P) payments services, which have gained tremendous traction in Europe, the United States, and Asia, among other continents.One of the biggest parameters for payments is timing, which looms as a crucial element for execution. By this metric, consumer demand incentivizes technology that prioritizes the fastest payment execution.This can help explain the preference for debit and credit payments overtaking check or money orders, which in previous decades were much more commonly utilized. A multi-billion-dollar industry, the payments space has seen some of the most innovation and advances in recent years as companies look to push contactless technology with faster execution times. Read this Term, even if those payments are being made to pay for other non-FX related investments (such as foreign securities brokers converting in order to pay for domestic securities with foreign denominations).
An excerpt of the consultation document describes the many sides of FX, and how it can be construed in different context:
Transactions in foreign exchange are performed to fulfil 4 principle functions: (1) As a means of Payment, either in the real economy – to facilitate the payment for goods, services or direct investment; or the financial sector – to effect payment for financial market activity (2) Hedging: transactions may be used to hedge foreign currency risk for financial assets or commercial contracts; (3) Investment / speculation: foreign currency may be invested in as an asset and (4) Monetary and FX policies: central banks may undertake foreign exchange transactions as part of their monetary policies functions.
ESMA is closed today in observance of a national holiday in honor of the Schuman Declaration of 1950, so calling the establishment today won't be eventful. Instead, participants can still submit their comments via email before the end of today, via the email address provided in its consultation document as follows: MARKT-G3@ec.europa.eu , or by following the instructions on the EC website, where a full copy of the FX consultation document can be found.
As these developments are underway, Forex Magnates will be moderating an in-depth panel consisting of industry experts who will be speaking to attendees of the iFX EXPO International event in Cyprus later this month, on the subject of "Between EMIR and Dodd-Frank - Regulatory Changes and their Effect on Brokerages."
Today is the last day for FX firms operating within the Europe Union to submit comments on the clarification of Foreign Exchange contracts, requested by a consultation that started less than a month ago by the European Commission (EC) on April 10,2014.
FX firms were asked to provide their views, either publicly or as anonymous contributors, on the subject of how Foreign Exchange spot contract are defined across the EU, while questions were posed in the document with regards to how such contracts are construed in different scenarios and the resulting applicability of MiFID, as FX can often act as a payment rather than when it’s construed as an investment, among other scenarios that changes how it's perceived under applicable regulations.
An excerpt of the consultation highlights the challenge, "Article 39(2) of Regulation (EC) No 1287/2006 (MiFID L2) provides a specification of what constitutes a spot contract for the purposes of commodities, but not for FX contracts. The majority of Member States do not have a definition of a forward or delineate a boundary for FX spots in their legislation (5 have legislation, 13 do not - although 7 of these apply supervisory practices that delineate between spots and forwards) and in the minority of cases where they have, the approach adopted has differed. As a result this provision is not currently being applied on a harmonised basis across the Union."
The difference of interpretation arose shortly after EMIR reporting went into effect in February, as Forex Forex Foreign exchange or forex is the act of converting one nation’s currency into another nation’s currency (that possesses a different currency); for example, the converting of British Pounds into US Dollars, and vice versa. The exchange of currencies can be done over a physical counter, such as at a Bureau de Change, or over the internet via broker platforms, where currency speculation takes place, known as forex trading.The foreign exchange market, by its very nature, is the world’s largest trading market by volume. According to the Bank of International Settlements (BIS) latest survey, the Forex market now turns over in excess of $5 trillion every day, with the most exchanges occurring between the US Dollar and the Euro (EUR/USD), followed by the US Dollar and the Japanese Yen (USD/JPY), then the US Dollar and Pound Sterling (GBP/USD). Ultimately, it is the very exchanging between currencies which causes a country’s currency to fluctuate in value in relation to another currency – this is known as the exchange rate. With regards to freely floating currencies, this is determined by supply and demand, such as imports and exports, and currency traders, such as banks and hedge funds. Emphasis on Retail Trading for ForexTrading the forex market for the purpose of financial gain was once the exclusive realm of financial institutions.But thanks to the invention of the internet and advances in financial technology from the 1990’s, almost anyone can now start trading this huge market. All one needs is a computer, an internet connection, and an account with a forex broker. Of course, before one starts to trade currencies, a certain level of knowledge and practice is essential. Once can gain some practice using demonstration accounts, i.e. place trades using demo money, before moving on to some real trading after attaining confidence. The main two fields of trading are known as technical analysis and fundamental analysis. Technical analysis refers to using mathematical tools and certain patterns to help decide whether to buy or sell a currency pair, and fundamental analysis refers to gauging the national and international events which may potentially affect a country’s currency value. Foreign exchange or forex is the act of converting one nation’s currency into another nation’s currency (that possesses a different currency); for example, the converting of British Pounds into US Dollars, and vice versa. The exchange of currencies can be done over a physical counter, such as at a Bureau de Change, or over the internet via broker platforms, where currency speculation takes place, known as forex trading.The foreign exchange market, by its very nature, is the world’s largest trading market by volume. According to the Bank of International Settlements (BIS) latest survey, the Forex market now turns over in excess of $5 trillion every day, with the most exchanges occurring between the US Dollar and the Euro (EUR/USD), followed by the US Dollar and the Japanese Yen (USD/JPY), then the US Dollar and Pound Sterling (GBP/USD). Ultimately, it is the very exchanging between currencies which causes a country’s currency to fluctuate in value in relation to another currency – this is known as the exchange rate. With regards to freely floating currencies, this is determined by supply and demand, such as imports and exports, and currency traders, such as banks and hedge funds. Emphasis on Retail Trading for ForexTrading the forex market for the purpose of financial gain was once the exclusive realm of financial institutions.But thanks to the invention of the internet and advances in financial technology from the 1990’s, almost anyone can now start trading this huge market. All one needs is a computer, an internet connection, and an account with a forex broker. Of course, before one starts to trade currencies, a certain level of knowledge and practice is essential. Once can gain some practice using demonstration accounts, i.e. place trades using demo money, before moving on to some real trading after attaining confidence. The main two fields of trading are known as technical analysis and fundamental analysis. Technical analysis refers to using mathematical tools and certain patterns to help decide whether to buy or sell a currency pair, and fundamental analysis refers to gauging the national and international events which may potentially affect a country’s currency value. Read this Term Magnates reported, and as companies had to decide based on applicable rules within their country of operation, within the EU, - whether their spot foreign exchange business fell under the reportable instruments bounded under EMIR.
As ESMA sent a letter to the EC that sought clarification, a reply from EC Commissioner Michel Barnier over the above mentioned concerns raised followed, as the reporting start date had just gone into effect, and the resulting consultation period that closes today will be gathering the feed back from different sides of the Foreign Exchange space. This includes all walks of FX life, from investment firms, to platform operators, interdealer brokers, online brokers and payment providers and vendors involved in facilitating Payments Payments One of the bases of mediums of exchange in the modern world, a payment constitutes the transfer of a legal currency or equivalent from one party in exchange for goods or services to another entity. The payments industry has become a fixture of modern commerce, though the players involved and means of exchange have dramatically shifted over time.In particular, a party making a payment is referred to as a payer, with the payee reflecting the individual or entity receiving the payment. Most commonly the basis of exchange involves fiat currency or legal tender, be it in the form of cash, credit or bank transfers, debit, or checks. While typically associated with cash transfers, payments can also be made in anything of perceived value, be it stock or bartering – though this is far more limited today than it has been in the past.The Largest Players in the Payments IndustryFor most individuals, the payments industry is dominated currently by card companies such as Visa or Mastercard, which facilitate the use of credit or debit expenditures. More recently, this industry has seen the rise of Peer-to-Peer (P2P) payments services, which have gained tremendous traction in Europe, the United States, and Asia, among other continents.One of the biggest parameters for payments is timing, which looms as a crucial element for execution. By this metric, consumer demand incentivizes technology that prioritizes the fastest payment execution.This can help explain the preference for debit and credit payments overtaking check or money orders, which in previous decades were much more commonly utilized. A multi-billion-dollar industry, the payments space has seen some of the most innovation and advances in recent years as companies look to push contactless technology with faster execution times. One of the bases of mediums of exchange in the modern world, a payment constitutes the transfer of a legal currency or equivalent from one party in exchange for goods or services to another entity. The payments industry has become a fixture of modern commerce, though the players involved and means of exchange have dramatically shifted over time.In particular, a party making a payment is referred to as a payer, with the payee reflecting the individual or entity receiving the payment. Most commonly the basis of exchange involves fiat currency or legal tender, be it in the form of cash, credit or bank transfers, debit, or checks. While typically associated with cash transfers, payments can also be made in anything of perceived value, be it stock or bartering – though this is far more limited today than it has been in the past.The Largest Players in the Payments IndustryFor most individuals, the payments industry is dominated currently by card companies such as Visa or Mastercard, which facilitate the use of credit or debit expenditures. More recently, this industry has seen the rise of Peer-to-Peer (P2P) payments services, which have gained tremendous traction in Europe, the United States, and Asia, among other continents.One of the biggest parameters for payments is timing, which looms as a crucial element for execution. By this metric, consumer demand incentivizes technology that prioritizes the fastest payment execution.This can help explain the preference for debit and credit payments overtaking check or money orders, which in previous decades were much more commonly utilized. A multi-billion-dollar industry, the payments space has seen some of the most innovation and advances in recent years as companies look to push contactless technology with faster execution times. Read this Term, even if those payments are being made to pay for other non-FX related investments (such as foreign securities brokers converting in order to pay for domestic securities with foreign denominations).
An excerpt of the consultation document describes the many sides of FX, and how it can be construed in different context:
Transactions in foreign exchange are performed to fulfil 4 principle functions: (1) As a means of Payment, either in the real economy – to facilitate the payment for goods, services or direct investment; or the financial sector – to effect payment for financial market activity (2) Hedging: transactions may be used to hedge foreign currency risk for financial assets or commercial contracts; (3) Investment / speculation: foreign currency may be invested in as an asset and (4) Monetary and FX policies: central banks may undertake foreign exchange transactions as part of their monetary policies functions.
ESMA is closed today in observance of a national holiday in honor of the Schuman Declaration of 1950, so calling the establishment today won't be eventful. Instead, participants can still submit their comments via email before the end of today, via the email address provided in its consultation document as follows: MARKT-G3@ec.europa.eu , or by following the instructions on the EC website, where a full copy of the FX consultation document can be found.
As these developments are underway, Forex Magnates will be moderating an in-depth panel consisting of industry experts who will be speaking to attendees of the iFX EXPO International event in Cyprus later this month, on the subject of "Between EMIR and Dodd-Frank - Regulatory Changes and their Effect on Brokerages."