Page 53 - 期货和衍生品行业监管动态（2023年10月刊）

期货和衍生品行业监管动态

This withdrawal follows the addition of South Africa, by the European

Commission, to the list of high-risk third countries presenting strategic deficiencies in

their national anti-money laundering and counter financing of terrorism (“AML/CFT”)

regime, on 16 July 2023.

In order to minimise potential market disruption, ESMA has provided for an

adaptation period of three months. The withdrawal of recognition decision will

therefore enter into effect on 29 December 2023. From that date, the CCP concerned

will no longer be permitted to provide clearing services to clearing members or trading

venues established in the EU.

ESMA has also updated its list of recognised third-country central counterparties

(TC CCPs).

Background

In order for a third-country CCP (“TC-CCP”) to be recognised by ESMA, all

cumulative conditions set out under Article 25(2) of EMIR must be met. Where any of

those conditions is no longer met, ESMA must withdraw the recognition decision of

that TC-CCP.

One of such conditions is that the TC-CCP is established or authorised in a third

country that is not included in AML blacklist under AML Directive. This above-

mentioned recognition condition, while outside the scope of action of the CCP

concerned, is no longer fulfilled in respect of the CCP established in the South Africa.

https://www.esma.europa.eu/press-news/esma-news/inclusion-south-africa-aml-

blacklist-requires-esma-withdraw-recognition

17. 欧盟证券与市场管理局对有效实施熔断机制提出期望（2023 年 10 月 12 日）

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