Page 27 - 期货和衍生品行业监管动态（2023年4月）

期货和衍生品行业监管动态

Petersburg in 2013, and reduces the risk of regulatory duplication while preserving the

benefits of cross-border clearing activities.

The Bank and the CFTC are committed to maintaining a robust and effective

relationship of cooperation and information sharing. Pursuant to their existing 2020

Memorandum of Understanding (MoU), the authorities share a common understanding

of mutual practices in connection with certain U.S. and UK cross-border CCPs within
the MoU’s scope. Duly authorized officials have set out arrangements which detail and

support the practices of the existing MoU.

The nature of the cooperation exhibited in these practices includes periodic

engagements between staff of the Bank and the CFTC to exchange views on relevant

supervisory issues, take into consideration each other’s views as appropriate, and

provide assistance on specific matters of concern where they arise.

The practices also include the robust and timely sharing of information, including

data on the clearing services provided to market participants; notifications of material

events, including those related to financial resilience or business continuity of the CCPs,

in accordance with the MoU; and regular engagement on areas of supervisory focus.

Following the UK’s withdrawal from the European Union (EU), the Bank has

responsibility for recognizing and supervising non-UK CCPs (incoming CCPs)
intending to provide clearing services to clearing members or trading venues

established in the UK, subject to HM Treasury making regulations determining that the

home regime is equivalent to the UK’s regime. The Bank will tier incoming CCPs

according to the level of systemic risk they pose to the UK financial system. Where the

Bank determines that it is able to place reliance on the incoming CCP’s home

authority’s regulation and supervision, the CCP will be designated as Tier 1 and the

Bank will defer to the home authority, upon issuance of the Bank’s recognition

decisions.

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