CFTC Issues Advisory on Foreign Exchange Registration as Leadership Transition Looms

The United States Commodity Futures Trading Commission (CFTC) issued new guidance Thursday aimed at clarifying registration requirements for foreign cryptocurrency exchanges seeking to serve U.S. customers, as the agency operates with just two commissioners and faces the departure of its sole Democrat next week.

Acting Chairman Caroline Pham announced the foreign board of trade (FBOT) advisory, which provides a regulatory pathway for non-U.S. exchanges to offer direct market access to American traders across all asset classes, including digital assets. The framework has existed since the 1990s but gained renewed significance as crypto companies fled U.S. markets during previous enforcement actions.

"Today's FBOT advisory provides the regulatory clarity needed to legally onshore trading activity that was driven out of the United States due to the unprecedented regulation by enforcement approach of the past several years," Pham stated in the announcement from the Division of Market Oversight on Thursday.

The advisory signals a shift toward accommodating crypto businesses that relocated overseas during previous regulatory uncertainty. Pham characterized the move as part of a "crypto sprint" to deliver wins for the Trump administration by reopening U.S. markets to global trading activity.

The guidance comes as Commissioner Kristin Johnson, the commission's only Democrat, prepares to leave September 3. Johnson warned against regulatory rollbacks in her departure statement earlier this week, saying "sustainable growth is built upon a regulatory framework that ensures markets remain resilient." She had advocated for stronger consumer protection rules in cryptocurrency markets following the FTX collapse.

Pham, a Republican who also plans to exit, emphasized the advisory addresses "recent confusion and disruption" about whether foreign exchanges should register as domestic contract markets or FBOTs. The commission had faced criticism that novel enforcement interpretations contradicted decades of established practice.

The CFTC typically operates with five commissioners but currently has only Pham and Johnson. President Trump's nominee Brian Quintenz awaits Senate confirmation, while other positions remain unfilled. Johnson's departure will leave Pham as the sole commissioner until new appointments are confirmed.