CFTC Advisory on Offshore Exchanges Faces Challenges in U.S. Crypto Integration

According to Cointelegraph, the Commodity Futures Trading Commission (CFTC) recently issued an advisory concerning offshore exchanges serving U.S. residents under the Foreign Board of Trade (FBOT) framework. Eli Cohen, general counsel at Centrifuge, a real-world asset tokenization company, expressed skepticism about the advisory's ability to bring offshore crypto exchanges back to the United States. Cohen highlighted that the settlement, clearing, and other regulatory requirements designed for the traditional financial system are not suited for crypto exchanges, making compliance difficult or even impossible. The CFTC's guidance specifies that only Licensed Futures Commission Merchants (FCM) exchanges, which act as broker-dealers for futures contracts, and other highly regulated entities are eligible to apply under the FBOT framework. Cohen pointed out that the primary issue is that only regulated exchanges outside the United States can apply for the FBOT, necessitating an existing regulatory framework in their home country. This has led many exchanges to establish operations in jurisdictions like Seychelles, where regulations are less stringent, to circumvent the framework. Cohen advocates for the passage of a crypto market structure bill in Congress to provide clarity for crypto exchanges. Such legislation would codify crypto regulations into law, ensuring stability that does not fluctuate with changes in administration. The CFTC's "crypto sprint" initiative aims to overhaul crypto regulations in line with U.S. President Donald Trump's agenda to position the United States as a global leader in the crypto sector. The Trump administration's crypto report, released in July, proposed several policy recommendations, including granting joint oversight of crypto to the Securities and Exchange Commission (SEC) and the CFTC. Both agencies have suggested collaborative policy efforts, such as the potential for financial markets to operate perpetually, enabling a 24/7 trading cycle across asset classes. This proposed shift would mark a significant departure from traditional financial markets, which currently do not operate during nights, weekends, or certain holidays.