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Legal and Regulatory Framework for Exchange-Traded Derivatives
Regulatory Cooperation and Coordination
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Financial markets, including those for derivatives, are international. Disruptions or instances of high volatility in one market are likely to have effects in markets around the world. It is essential, therefore, that both SROs and governmental regulatory agencies develop procedures for dealing with problems with international dimensions. This means, in part, establishing and maintaining mechanisms for cooperation and coordination with regulators and SROs in other jurisdictions. Several recent documents address this issue. They are listed in the References at the end of the report.
One of these documents is the "Windsor Declaration". It is the result of a meeting of representatives of the governmental agencies responsible for supervising futures and options markets in 16 countries in May 1995. At this meeting the supervisory authorities discussed specific cooperative measures to strengthen regulatory supervision, minimize systemic risk and enhance customer protection with a view to containing or preventing the adverse effects of financial disruptions. In particular they addressed issues related to cooperation between market authorities, protection of customer positions, funds and assets, default procedures, and regulatory cooperation in emergencies. As the Declaration points out "increasingly, members of one market or companies associated with such members, trade for themselves or customers in multiple jurisdictions. Mechanisms should be in place to ensure that enhanced cooperation and communication occurs as necessary between regulators and / or market authorities to minimize the adverse consequences of market disruptions caused by defaults or other failures." Thus, regulators of emerging derivatives markets need to ensure that such mechanisms are in place for their markets.
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Legal and Regulatory Framework for Exchange-Traded Derivatives
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