Page 21 - 期货和衍生品行业监管动态（2022年10月）

期货和衍生品行业监管动态

 UBS (UBS AG; UBS Financial Services, Inc.; and UBS Securities
LLC), $75 million

"The Commission’s recordkeeping and supervision requirements ensure the

safety and integrity of the U.S. derivatives markets and protect customers and market

participants,” said Chairman Rostin Behnam. “As demonstrated today, the

Commission will vigorously pursue registrants who fail to comply with their core

regulatory obligations and hold them accountable.”

“Recordkeeping requirements are key to the Commission’s oversight of

registrants and a registrant’s disregard of its obligations threatens the Commission’s

ability to effectively and efficiently conduct examinations and investigations,” said

Acting Director of Enforcement Gretchen Lowe. “The Commission continues to focus

on the importance of recordkeeping, supervision and other regulatory obligations.
Registrants and other market participants subject to the federal commodities laws and

regulations are encouraged to examine their own internal controls and supervision to

ensure they are in compliance.”

Each order finds that the swap dealer and/or FCM in question, for a period of

years, failed to stop its employees, including those at senior levels, from

communicating both internally and externally using unapproved communication

methods, including messages sent via personal text, WhatsApp or Signal. The firms

were required to keep certain of these written communications because they related to

the firms’ businesses as CFTC registrants. The firms generally did not maintain and

preserve these written communications, and therefore could not provide them

promptly to the CFTC when requested.

Each order further finds the widespread use of unapproved communication

methods violated the swap dealers’ and/or FCMs’ internal policies and procedures,
which generally prohibited business-related communication taking place via

unapproved methods. Further, some of the same supervisory personnel responsible for

ensuring compliance with the firms’ policies and procedures themselves used

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