The largest regulatory development in Europe during the first quarter was the onslaught of reporting that commenced under EMIR, however the lack of consensus on the definition of Foreign Exchange has caused a stir.
Any open trade positions under the applicable asset classes, including Forex and related derivatives, now have to be reported, either directly to one of the several approved Trade Repositories (TRs) or by connecting to a TR through a 3rd party technology vendor that facilitates the reporting service.
The main challenge that has since arisen is that there is a lack of consensus on how some of the instruments - namely FX spot transactions - are defined throughout the EU (see below).
There are several known reporting solutions from 3rd parties, including technology provider Traiana, and a solution via its partnership with Cyprus-based Confisio Group. Other options are also available, such as EMIR reporting solutions offered by Bloomberg, a reporting solution under the name MAP-ERS offered by Cyprus advisory firm MAP S.Platis, and others.
First Ten Days of EMIR Reporting
Forex Magnates compiled data which revealed that both MAP S.Platis and Confisio Group had each facilitated over a million transactions within the first 10 days of reporting. It is worth mentioning that the number of transactions alone is not indicative of values or overall trading volumes, since there could be a series of smaller trades that add up to less than a few large size trades.
Thus it should be exempt from the reporting obligation on the basis that the transaction has a settlement date of less than seven days.
Which Trades Need to Be Reported?
Shortly after reporting started, ESMA sent a letter to EU Commissioner Michel Barnier, an excerpt of Centralized reporting under European Market Infrastructure Regulation (EMIR), went into effect during Q1 2014.
A response followed 12 days later, on February 26, from the European Commission on behalf of Mr. Barnier sent to ESMA chairman Steven Maijoor, it included an acknowledgement of the need for further clarification: “I would be grateful if you could provide us with details of how point (4) of Section C of Annex I to MIFID and the definition of an 'FX forward' has been transposed by the national competent authorities.”
Following our publication of this story, a request for public comments had been made by the European Commission (EC), calling on all FX Related firms in Europe to provide their feedback on the varying definitions of Foreign Exchange in an effort to properly classify them across EU-member countries, which read:
"Concerns have been raised about the lack of harmonisation between the EU Member States on where the boundary lies between what is an FX financial instrument and a spot FX contract. The Commission therefore seeks stakeholders input on where they consider this boundary should be set. This consultation is narrow in scope and has the purpose of bringing clarity on this delineation to ensure that there is clear, adequate and consistent application of the relevant financial regulation across the EU."
Any open trade positions under the applicable asset classes, including Forex and related derivatives, now have to be reported, either directly to one of the several approved Trade Repositories (TRs) or by connecting to a TR through a 3rd party technology vendor that facilitates the reporting service.
The main challenge that has since arisen is that there is a lack of consensus on how some of the instruments - namely FX spot transactions - are defined throughout the EU (see below).
There are several known reporting solutions from 3rd parties, including technology provider Traiana, and a solution via its partnership with Cyprus-based Confisio Group. Other options are also available, such as EMIR reporting solutions offered by Bloomberg, a reporting solution under the name MAP-ERS offered by Cyprus advisory firm MAP S.Platis, and others.
First Ten Days of EMIR Reporting
Forex Magnates compiled data which revealed that both MAP S.Platis and Confisio Group had each facilitated over a million transactions within the first 10 days of reporting. It is worth mentioning that the number of transactions alone is not indicative of values or overall trading volumes, since there could be a series of smaller trades that add up to less than a few large size trades.
Thus it should be exempt from the reporting obligation on the basis that the transaction has a settlement date of less than seven days.
Which Trades Need to Be Reported?
Shortly after reporting started, ESMA sent a letter to EU Commissioner Michel Barnier, an excerpt of Centralized reporting under European Market Infrastructure Regulation (EMIR), went into effect during Q1 2014.
A response followed 12 days later, on February 26, from the European Commission on behalf of Mr. Barnier sent to ESMA chairman Steven Maijoor, it included an acknowledgement of the need for further clarification: “I would be grateful if you could provide us with details of how point (4) of Section C of Annex I to MIFID and the definition of an 'FX forward' has been transposed by the national competent authorities.”
Following our publication of this story, a request for public comments had been made by the European Commission (EC), calling on all FX Related firms in Europe to provide their feedback on the varying definitions of Foreign Exchange in an effort to properly classify them across EU-member countries, which read:
"Concerns have been raised about the lack of harmonisation between the EU Member States on where the boundary lies between what is an FX financial instrument and a spot FX contract. The Commission therefore seeks stakeholders input on where they consider this boundary should be set. This consultation is narrow in scope and has the purpose of bringing clarity on this delineation to ensure that there is clear, adequate and consistent application of the relevant financial regulation across the EU."
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