Page 29 - 期货和衍生品行业监管动态（2022年7月）

期货和衍生品行业监管动态

In today’s global markets a foreign entity operating outside the United States
may — with a few taps on a smartphone — reach potential U.S. customers through

email, text message, IM, chat app, or social media, and solicit them to invest, transfer,

or deposit funds, or otherwise transact via platforms created and maintained outside of

the United States. All too often, the CFTC has identified highly-organized fraudsters

using these techniques and a perceived lack of oversight to prey on U.S. consumers.

Because they are not registered with the CFTC, customers engaged in

transactions with these entities may not receive the benefit of the customer protections,

safeguards, and guardrails long-adopted and deeply embedded in the CFTC ’ s

oversight of the markets. Transacting with unregistered entities, particularly those

operating without such oversight and beyond our borders, may expose U.S. customers

to significant and concerning risks.

The CFTC’s mission is to promote the integrity, resilience, and vibrancy of the

U.S. derivatives markets through sound regulation. Requiring derivatives markets

intermediaries — such as Retail Foreign Exchange Dealers, Introducing Brokers,

Commodity Trading Advisers, and Commodity Pool Operators—to register with the

CFTC and comply with the CFTC ’ s regulations offers one critical tool for

accomplishing our mission. Publishing the Red List alerts the public to entities

soliciting U.S. customers without registering with the CFTC when registration may be

required.

Other regulators, including the Securities and Exchange Commission with

its Public Alert About Soliciting Entities (PAUSE), have adopted a similar

approach. Further, the International Organization of Securities Commissions

(IOSCO) has established an Investor Alert Portal on its website to receive and publish

alerts and warnings from its members about firms that are not authorized to provide

investment services in the jurisdiction that issued the alert or warning. Nearly 50
countries issue similar lists, warning letters, or public statements.

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