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Thread: Going offshore to escape the CFTC

  1. #21
    dragofx is offline Junior Member
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    ODL Markets, since powered by FXCM, absolutely no help.

    CIM, they say only under certain circumstances, but it seems like a no, unless you have a couple million to trade. Also if you are a professional trader, they feel there is MORE risk, than if you are a novice, great bank.

    Finexo does not accept us clients. They say they do not have a us client license?

    Forex Web Trader is not accepting US clients, they say they are EU licensed only


  2. #22
    dragofx is offline Junior Member
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    Clint can you contact some of the others so we can get a nice list. I havent been able to reach saxo bank. They would be a nice option.

  3. #23
    dragofx is offline Junior Member
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    WSD appears to accept US clients. The operation doesnt seem that great.

  4. #24
    dragofx is offline Junior Member
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    Saxo Bank is a yes, but they do not have MT4, also they have a number of different divisions based on regions, panama, uk etc.

    IG is also a yes

    Tadawulfx will accept US clients as well, seems like a good option so far. MT4 stp.

  5. #25
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    o990l6mh is offline FX-Men Honorary Member
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    Sorry if this is off topic but I read an article, or rather, sifted through it and felt it might be of interest here.

    It's a copy/paste from futuresmag.com October 2010 issue:

    The impact on introducing brokers and retail traders
    By Karen K. Wuertz
    Faced with the daunting task of reading and analyzing the 2,315 pages of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), an individual may not notice some of the less-publicized aspects of the legislation, especially pertaining to introducing brokers (IBs) and retail over-the-counter (OTC) forex traders. However, that doesn’t diminish the impact certain provisions of the Dodd-Frank Act will have on these groups.
    For example, Section 732 of the Dodd-Frank Act requires futures commission merchants (FCMs) and IBs to implement conflicts-of-interest systems and procedures to ensure that any person within the firm relating to “research or analyses of the price or market” are separated by appropriate informational partitions within the firm from the review, pressure, or oversight of persons whose involvement in trading or clearing activities might potentially bias the judgment or supervision of the persons.
    <A HREF="http://oascentral.nationalunderwriter.com/RealMedia/ads/click_nx.ads/www.futures.com/regulations/Issues/2010/October-2010/Pages/What-does-DoddFrank-mean-to-you.aspx/1120109271635@!" TARGET=_top><IMG SRC="http://oascentral.nationalunderwriter.com/RealMedia/ads/adstream_nx.ads/www.futures.com/regulations/Issues/2010/October-2010/Pages/What-does-DoddFrank-mean-to-you.aspx/1120109271635@!?" BORDER=0></A>
    The CFTC has not yet written any rules with respect to Section 732, and, because of the broad nature of the Act’s language, the challenge to the CFTC will be to develop a rule that satisfies the Act’s requirements while not imposing unworkable standards. These new systems and procedures could be particularly burdensome to smaller IBs with limited resources.
    The Dodd-Frank Act also contains several provisions that become effective in mid-2011, which close certain regulatory gaps in the retail forex area. First, with regard to Zelener contract forex products or “rolling spot,” the May 2008 Farm Bill ensured that the CFTC has antifraud authority over these Zelener forex transactions, but the dealers that offer these contracts are not required to be one of the enumerated counterparties outlined in the Act and, therefore, retail customers of these firms do not get all of the regulatory protections they need (see Zelener).
    The Dodd-Frank Act closes this gap by requiring a person acting as a counterparty to forex Zelener contracts to be registered as an FCM. Presumably, the CFTC also could allow this person to register as a retail foreign exchange dealer. The Act also amends the definition of commodity pool operator (CPO), commodity trading advisor (CTA) and IB to include a registration requirement for other intermediaries that may engage in activity relating to forex Zelener contracts. The legislation goes even further in regard to non-forex Zelener contracts. The Act prohibits retail trading in Zelener-type futures look-alike products other than forex unless the transactions are done on-exchange. Therefore, with certain exceptions, firms will be prohibited from offering these types of contracts to the retail public unless the contracts are traded on-exchange.
    A second regulatory gap closed by the Dodd-Frank Act relates to the list of the types of otherwise regulated entities that can act as counterparties to retail customers in off-exchange forex futures. The list currently includes banks, insurance companies, investment bank holding companies, FCMs, broker-dealers and “financial institutions.” Financial institutions are defined to include a range of highly regulated types of businesses, including, for example, federal or state credit unions and depository institutions covered by the Federal Deposit Insurance Corporation (FDIC). The definition of “financial institution” also includes “foreign banks” as defined in the International Banking Act of 1973, which covers any institution in any foreign country that engages in activities usually associated with banking in that particular jurisdiction.
    The “foreign bank” exemption has become an increasingly popular means for forex counterparties to circumvent U.S. regulatory requirements designed to protect retail customers. The Dodd-Frank Act addresses this circumvention by providing that a financial institution only qualifies as an enumerated counterparty if it is a United States financial institution. This could dramatically impact U.S. retail customers who currently trade forex with entities located outside the U.S. When this provision becomes effective in mid-2011, it may be illegal for non-U.S. financial institutions to offer retail forex trading to U.S. customers. The Act also eliminates insurance companies and investment bank holding companies from the list of enumerated counterparties.
    Even U.S. customers trading OTC retail forex through a U.S. bank or broker-dealer could be affected by the Dodd-Frank Act. Section 742 of the Act provides that if the otherwise regulated “enumerated counterparty” to retail forex OTC transactions (i.e. FCMs, broker-dealers, U.S. financial institutions) has a federal regulatory agency, the agency must issue rules governing OTC retail forex transactions by mid-2011. If the Federal regulatory agency does not issue forex rules, then the counterparty may be prohibited from entering into those OTC retail forex futures transactions.To date, the CFTC is the only federal regulatory agency to issue rules for retail forex, which become effective October 18, 2010. Therefore, unless other federal regulatory agencies act, the impact of this language could be that only FCMs could engage in OTC retail forex futures transactions after mid-2011. At this time, non-FCM counterparties whose federal regulators do not meet Section 742’s requirements could still engage in this activity by registering an affiliate as an FCM subject to the CFTC’s rules.
    Although it may be too early to determine accurately the ultimate impact of the Dodd-Frank Act on IBs and retail traders, it’s safe to say the regulatory landscape has definitely changed.

    Zelener
    The Commodity Futures Modernization Act of 2000 sought to (among other things) clarify the CFTC’s authority over retail foreign exchange trading. However, a District court ruled in the CFTC v. Zelener -- and the Seventh Circuit Court confirmed in 2004 -- that the CFTC did not have authority over certain retail forex trading because the contracts in question were not futures but “rolling spot” contracts and the CFTC authority was only for futures. The CFTC Reauthorization Act of 2008 closed the Zelener loophole and Dodd-Frank requires any entity offering retail forex trading to belong to a Federal regulator, which must have written rules by a specific date.
    Karen K. Wuertz is senior vice president, strategic planning and communications at the National Futures Association.
    I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. Part of: Bene Gesserit Litany Against Fear

  6. #26
    Shr1k's Avatar
    Shr1k is offline FX-Men Honorary Member
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    Where should I move to I like a warm climate, low taxes, english speaking, nice schools, and safe cities?
    This is starting to piss me off the more I learn about that reform bill. My bank has already started to raise fees I think I know why. Even my liberal wife came to the conclusion that this bill will have very few positive affects for the little guy. Every time congress passes something like this all it does is pass the new costs of doing business down to the consumer. The big guys don't pay the new bills/taxes imposed by congress we do!

  7. #27
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    bravehoststamps is offline Superior Master Contributor and Member
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    Quote Originally Posted by Shr1k View Post
    Where should I move to I like a warm climate, low taxes, english speaking, nice schools, and safe cities?
    Australia by all means. Or somewhere in the Caribbean (Dominica, Barbados, British Virgin Islands).

  8. #28
    Merchantprince's Avatar
    Merchantprince is offline Superior Master Contributor and Member
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    I've been wanting to move to New Zealand for about 5 years now - but Oz would be nice, as well. They do boast the appealing geographical feature of being almost exactly on the opposite side of the world from where I currently reside. The idea of relocating to (literally) the farthest point on earth from eastern Pennsylvania is really attractive to me.
    John (Merchantprince)

    "Nobody can be exactly like me. Even I have trouble doing it."

  9. #29
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    marionette is offline Junior Member
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    Thank you Clint for the effort. I spent time getting some info, I managed to get through Germany and Switzerland. Tired, I'll continue the effort later....here's what I found:


    (Caveats: I didn’t go into spreads, this is information I gleaned either directly from the website or through good searches. Also, I only appended a negative review for one broker; reviews are generally non-dispositive, but that broker actually has had trouble with the police so didn't investigate further).

    Again, these are from Clint's Germany and Switzerland list:


    "As of early 2010 Finexo was purchased by SafeCap Investments, an EU regulated broker with a strong financial background and coincidentally enough, also owns GFC markets. As a result of the merge, Finexo no longer accepts U.S. clients."

    Varengold: The Online Broker is a No US Clients Broker

    dbfx – Deutsche Bank AGUS Clients: yes 5k minimum deposit deutsche bank is regulated probably a safe broker

    Forex web trader; micro accounts; accepts us traders (for now); no metatrader

    ACM Another web site of this company is www.ForexPro.com
    2009-04-05: There was a police raid against AC Markets. We have an article in our forums about this issue, along with a response from ACM. The FPA recommends using a reasonably high level of caution dealing with this company until more facts come out.

    CIM bank minimum deposit 5k (unsure if accepts us residents) waiting response.

    Dukascopy – will not be accepting us residents

    MIG bank accepts us customers 2k minimum deposit (no micro accounts, call the smallest account a “micro”). Has Swiss and EU regulation, appears to have expert advisors but I didn’t see a mt4 download so that may have to be configured. Sounds like a very solid, well capitalized broker

    Tadawul FX has mt4, min 500 to open, waiting for word on us residents

    Good night.

  10. #30
    marionette's Avatar
    marionette is offline Junior Member
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    Default Britain

    (thought I was done for the night after my last post).
    _________________________________________________

    CMS Forex --- Forex - Forex Trading - FX - FX Trading - CMS Forex UK

    Activ Trades --- Activtrades - Forex, CFD, Futures. New MT4.Low or Zero Commission

    Alpari UK --- Forex trading (FX) with Alpari UK - Online currency trading

    Finotec --- Forex, Forex Trading, Online Forex Trading Platform - Finotec UK Trading

    HY Markets --- HY Markets Home

    MF Global --- Stock Trading, Shares & Currency Market Trading System | MF Global

    One Financial --- One Financial Markets | Trading Broker –Regulated by FSA | London, UK

    ODL Markets --- Forex Trading, Broker & Software provider for FX, Spead betting, CFDs- ODL Markets (Powered by FXCM)


    ODL does not accept US clients

    One financial; yes to us clients, 250 minimum deposit, has mt4

    MF Global: facing class action lawsuit in US

    HY Markets
    Mini - $50 min. deposit, 2,000 unit min. trade size, 7 pip variable spread on EUR/USD;
    Standard - $750 min. deposit, 10,000 unit min. trade size, 5 pip variable spread on EUR/USD;
    Premium - $2,500 min. deposit, 100,000 unit min. trade size, 3 pip variable spread on EUR/USD;

    7 PIPS! OUCH! Don't think so.....

    Alpari - centered in Russia. Not my cup of tea, so didn't go any further.

    Finotec has us branches so is subject to new rules

    Activtrades no us traders

    CMS Forex no us traders
    Last edited by marionette; 09-27-2010 at 09:49 PM.

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