The CFTC cooperates with authorities through formal Memoranda of Understanding (MOUs) and other cooperative arrangements for enforcement, supervisory, and other purposes.
Cross-border cooperation and information sharing among authorities play an integral role in effective enforcement, supervision, surveillance, and risk assessment. The CFTC makes and receives a significant number of requests for assistance and information to and from other authorities.
Cooperation for Enforcement Purposes
CFTC has entered into arrangements for cooperative enforcement with authorities in more than 20 jurisdictions. MOUs typically provide for access to non-public documents and information already in the possession of the authorities and often include undertakings to obtain documents and to take testimony of, or statements from, witnesses on behalf of a requesting authority. CFTC MOUs are public documents, and copies may be obtained from the Office of the Secretariat.
Cooperation for Supervisory, Prudential, and Risk Assessment Purposes
These arrangements facilitate information sharing for supervisory, prudential, and risk-assessment purposes. They establish a framework for cooperation in various cross-border contexts, and address such matters as sharing information on derivatives and related activity, sharing fitness and financial information, and conducting on-site examinations.
Supervision of Alternative Investment Fund Industry
The CFTC and authorities in the European Union (EU) and European Economic Area signed MOUs establishing a cooperative framework for the supervision of entities subject to the EU Alternative Investment Fund Managers Directive. The framework also provides for cooperation with respect to commodity pool operators, commodity trading advisors and commodity pools.
Safeguards for Exchanging Personal Data with Authorities in the European Economic Area and the United Kingdom
The CFTC has signed two Administrative Arrangements (Arrangements) that describe safeguards for personally identifiable information (personal data) transferred to or received from authorities in the European Economic Area and the Financial Conduct Authority in the United Kingdom.
Cooperation Related to Technical Assistance
These arrangements cover information sharing and the provision of technical assistance.
Fintech Arrangements
These arrangements cover cooperation and information sharing with respect to financial technology.
Information Sharing with U.S. Government Agencies
This CFTC-SEC Memorandum of Understanding covers the oversight of security futures product (SFP) trading and the sharing of security futures product information.