The commodity trading industry is increasingly regulated and the sector engages with multiple policy stakeholders and decision makers in Switzerland and abroad.
Switzerland has adapted its national framework of rules applicable to the trade in derivatives, in line with the G20 commitments and in keeping with the recommendations of the Financial Stability Council. Adopted in 2015, the new Swiss FMIA, or Financial Markets Infrastructure Act, brings together in one piece of legislation the various relevant rules that used to be disseminated across several different legal texts.
At the fundamental level, the FMIA introduces three key requirements for derivatives trading: mandatory compensation, mandatory reporting and mandatory risk reduction and management.
For commodity trading companies, this translates into increased complexity and cost of trading operations. Systems and processes upgrades will be required to meet the new reporting requirements. The rules will increase working-capital needs to cover clearing fees, margins and collateral. Compliance functions will also be upgraded to track trading thresholds, position limits, etc.
Swiss Federal Act on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (2015)
SUISSENÉGOCE works with its Members to actively inform the debate and towards the adoption of fit-for-purpose rules that reflect the specificities of commodity trading activities and are consistenly enforced at the international level.
The SUISSENÉGOCE Regulation Committee brings together heads of compliance and legal experts from Members to discuss changes in the legal and regulatory framework, with a focus on Swiss rules. The Regulation Committee has particularly focused on the adoption and upcoming implementation of the Financial Markets Infrastructure Act (2015), better known under its German FinfraG acronym.
The following document is password protected. Also we invite you to contact the SUISSENÉGOCE Secretariat in order to download your copy.
STSA Working Paper on the Financial Market Infrastructure Act (FMIA / FinfraG / LIMF)
SUISSENÉGOCE has prepared together with its members a step-by-step guide for small trading companies under FMIA/FinfraG that details the key operational actions that companies should carry out. The guide was published in December 2017.
With the decision of the Federal Council to postpone the mandatory reporting of trades for small companies (qualifying as "small non-financial companies") until 1 January 2024, trading firms have additional time to prepare for full implementation and can concentrate on documentation and risk reduction requirements.
STSA Step-by-Step Guide for Small Trading Companies under FMIA/FinfraG (please ask SUISSENÉGOCE for the password)
Commodity trading firms have always relied on banks to finance and guarantee their activities.
The series of changes introduced by the Basel Committee on Banking Supervision have led to the tightening of access to financing as banks are pushed into lowering trade-finance exposures. This has had a strong impact on the commodity trading sector and has led to higher costs across all trade
The following websites provide a wealth of information: