CALL TO ACTION: CFTC 10:1 - Share what you wrote here

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Statement From Fxdc

Here is the statement issued by the Foreign Exchange Dealers Coalition (FXDC) . The coalition consists of FXCM, GFT, Oanda, IBFX, Gain Capital, FX Solutions, FXDD, PFG Best, and CMS Forex, and this is their response to the proposals on behalf of the industry.

Over the past decade the domestic retail foreign exchange industry has enjoyed a tremendous growth spurt and its prospects going forward are more promising than perhaps in any other sector of financial services. However, the CFTC’s recent rule proposal, which would limit customer trading leverage to 10 to 1, would be a crippling blow to the industry and drive it offshore into the hands of foreign competitors. Even worse, it would encourage fraud both at home and abroad as customers seeking to trade retail forex would have no other legitimate domestic alternative.

• Today the U.S. retail forex industry can boast hundreds of thousands of live accounts. Should the 10 to 1 leverage rule be adopted 90% of those accounts can be expected to go offshore. And the first place they’ll go is to the United Kingdom where customers can trade with leverage as high as
200 to 1.

• The U.S. retail forex industry (forex dealers and introducing brokers) employs thousands of people. The vast majority of these jobs are high paying, white collar jobs that require advanced education and range from software developers to accountants to foreign exchange dealers. The
industry is just as much a high tech industry as it is a financial services industry.

• The domestic industry’s revenue is well over $1 billion. This revenue is money generated from a product that is in many ways an export. Furthermore, as capital markets open in the BRIC countries the number of new accounts that will flow out of places like China and India will lead to huge job and revenue gains in the United States. Trillions of dollars of trade volume are at stake. This is money that could (and should) be booked in the United States as taxable revenue. But if this rule passes the United States could well be costing itself billions of dollars in taxes down the road.

• The problem of Forex fraud will get worse absent legitimate dealers offering retail forex. Retail forex fraud is not something that is caused by the actions of retail forex dealers; rather it is caused by unlicensed con-men who masquerade as forex experts promising silly and unjustifiable returns
before disappearing with customer funds. That is why the FXDC fully supports the CFTC’s rule requiring all introducing brokers be licensed. That rule will solve forex fraud, not 10 to 1 leverage.

• The 10 to 1 leverage rule will be highly unpopular with traders. The fact is 100 to 1 leverage is very popular with the retail forex trading public. They simply will not accept 10 to 1 leverage.

• Unregulated dealers from around the world will also be the beneficiaries of the 10 to 1 leverage rule. These unregulated forex dealers don’t have to worry about capital requirements, risk management models, marketing ethics, dealing practices or even returning a customer’s funds. These dealers will be out of the reach of the CFTC and they will thrive. The case against the 10 to 1 leverage rule is clear. The rule will be a boon to foreign forex dealers (both regulated and unregulated) who will grow entirely at the expense of retail forex dealers in the United States. Thousands of high paying jobs will be lost and the potential for tens of thousands of more jobs
will forever vanish as well. Consumers will be hurt and more vulnerable to fraud. And the United States will toss away one of the most promising export industries that it has, all in the midst of 10% unemployment. There is no good reason that this should be so.
 
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reaction from small accountmanager (MATtrader)

This is what we send to CTFC and so did also a lot of our clients!

Dear Sir, Madam,

I represent more then 25 clients from Europe, using a platform and broker in the US (MBtrading).

I would strongly advise the committee not to change the margin (leverage) for the retail clients from 100:1 towards 10:1.

The most simple reason for us is that we make 50% profit a year and so pay a lot of commission and rollovercosts to a American company but even more important for the US is that this change will not protect greedy or stupid traders , but only will drive them towards companies outside the US (less regulated and scamming their clients).

A lot of offshore companies are waiting for such things and because of the bad reputation and the disadvantage for the traders, the US companies will be obliged to move also, in favor of their clients!

Nothing will change, only the US will loose a lot of companies,income and dollars, because it is only a virtual business!

The only way people can be protected is to control all the brokers and IB’s from all the new (and existing) companies very strictly and prevent them to scam the forex newbies!

If this change will become executed, we all will transfer the funds out of the US and go to a broker outside the US!

Thanks anyway,

Denis Verdijck

Director Fortunes bvba
Fortunes - Homepage

Belgium
 
A great reply from a broker giant, FXCM

This is what I sent FXCM over the weekend:

Dear FXCM

As a gold client of FXCM UK, please can you comment on the CFTC's new proposed regulations. I refer to the information on this page: https://www.forexpeacearmy.com/fore...f-cftc-does-say-goodbye-retail-forex-usa.html , in particular the section under 'And now, the worst part.'

What concerns me is that the CFTC would like the leverage for US brokers become a maximum of 10:1. This has major implications for US Retail Forex in diverse ways.

1. Does FXCM US support the proposed leverage change by the CFTC?
2. If indeed this new rule is passed do you foresee brokers in countries outside of the US adopting this stance?
3. Would this in any way affect FXCM UK?

Thank you

This is the reply I got:

Andrew,

Thank you for contacting FXCM regarding the new CFTC proposed regulations for retail Forex transactions.

FXCM is opposed to the proposal that would restrict available leverage to 10:1 even for the most widely traded currency pairs and will be actively lobbying against it.

If you would like to voice your concern for or against the proposal you can contact the CFTC by sending an email to secretary@www.cftc.gov with “Regulation of Retail Forex” in the subject line.

Public comments regarding the CFTC rule proposal will be posted at the following link: </title> <script id="ssInfo" type="text/xml" warning="DO NOT MODIFY!"> <ssinfo> <fragmentinstance id="fragment1" fragmentid="cftcHeader2" library="server:CFTC000041"></fragmentinstance> <fragmentinstance id="fragment2" fragmentid="cftcCSS" library="s

FXCM is a global Forex firm with regulated entities in multiple countries. FXCM traders have the option at any time to open accounts with FXCM regulated entities in addition to the U.S. such as FXCM UK, FXCM Asia, or FXCM Australia, which provide flexible leverage levels.

FXCM UK: Forex | currency trading | forex trading | forex broker
FXCM Asia: ¥~¶×¥æ©ö: ºÖ¶×¨È¬w, ºô¤W¥~¶×¥æ©öªA°È
FXCM Australia: Forex | currency trading | forex trading | forex broker

Should you have further questions for FXCM do let us know.

Regards,

Gregg Danchak
Forex Capital Markets
Tel: (212) 897-7660
Fax: (212) 897-7669
Email: gdanchak@fxcm.com

Hours: 8:00 AM - 5:00 PM
 
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Additional reply from FXCM

Andrew,

Thank you for your email that you forwarded about the new proposal.

FXCM is opposed to the proposal and has taken and will continue to take steps over the next 60 days to lobby against the proposal.

I can not provide the details of the steps that will be taken because I am not sure of all of them.

It will not have any impact on your UK based account.

Regards,

Gregg Danchak
Forex Capital Markets
Tel: (212) 897-7660
Fax: (212) 897-7669
Email: gdanchak@fxcm.com

Hours: 8:00 AM - 5:00 PM
 
Dear Secretary,

The proposed changes to CFTC regulation that result in reducing maximal forex account leverage to 10:1 from 100:1 will simply bring a halt to all CFTC regulated trading. All traders – including myself and my $40,000 in account holdings will move to riskier unregulated accounts in and outside of the US. This will be a huge disservice to me, you will simply not be in a position to regulate my accounts. I would expect that your mandate would be to increase the safety of the forex markets in the United States for American investors. This will do the exact opposite!

Thank you for rethinking this latest bizarre unwanted change.


Sent to 'secretary@www.cftc.gov'
 
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Hi,

I am not for them not for you. want to write the fact.

CFTC want to reduce leverage from 100:1 to 10:1. Say, if Forex Broker earning from spread, contract of $100.000 trade earn $10, after the new law they will earn $1. Same with trader. (Background: from past it is going up and up the Long position of forex trade. Now CFTC wants to take short position. Forex brokers and trader now will earn less profit as they are now. If you are taking about the unemployment, will not raise as there are not too much forex brokers. In fact, after taking action on the new regulation how much worker will be unemployed? So it not a question. So think the human nature, what will be heppened. Some of them will open accounts in stock. Some of us will open accounts in Europe & Asia. Who care of minority? This regulation will be placed. Smalls/shorts/minis/micros are not wellcome. Who have 20K,30K or more have a chance to earn $1 a pip.

They want that a part of the forex trader change mind to stock. May they do not know that forex traders are day traders. They take position for one day or for short time. Stock needs long term investors.

Another fact: Many small forex brokers cheat the the customers and many complains are collected by CFTC and they have not an inch of space for further complains, so now CFTC decide to take an action against those brokers. As we know many forex brokers cheat the customers, by hook or crook. So this mean that such brokers will close thier firms, forex air will be freshed and forex trader will trade in peace.

Day Trader
 
Ladies and Gentlemen,

I have to express my strong disagreement with leverage restrictions on FOREX retail transactions in your "Proposed Regulations Regarding Retail FOREX Transactions". Proposed 10:1 leverage limit on retail accounts places retail customers into severe disadvantage as compared with institutional traders.

Moreover, while this proposed measure intended to protect retail customers, it actually adds much more risk and trading losses forcing US retail FOREX traders either to trade higher percentage of their accounts in each transaction increasing trading risk dramatically, or to move their accounts to offshore brokerages without any protection by US laws.

As a public agency, you function is to protect consumers against fraudulence and unscrupulous brokerage firms without prescribing ill-conceived limits on personal finance matters. As a consumer, I feel that this proposed leverage limit is violation of my Constitutional rights since you are attempting to limit my ability to use my own money.

The correct solution would be a requirement for all retail FOREX brokerage firms to provide a range of available leverages so every retail customer can choose an appropriate leverage without US government agency mandating on personal finance matters.
 
Dear Sir,
I write in respect of the proposed leveraged 10/1 for retail forex.I am an off-shore trader with an account with a US based brokerage firms.My choice of US is due to the perception that US firms that are regulated by your agency are reliable and millions of off-shore traders share this opinion.

Now we are scared by the new rule which will definitely not be in the interest of traders as many of us may not be able to meet up with the capital requirements and may have to move our funds elsewhere.I am adding my voice to the call against the regulation.

I sincerely hope your agency will take a good look at this issue in the interest of millions of retail traders both who in the US and abroad who have funds with brokerage companies in the US.
 
Regarding DFTC 10:1

Whilst regulation of brokers may go a long way to curbing questionable 'scammers' in the FX market, I must protest in the strongest terms possible any imposition of leverage limits such as the plan to impose a ten to one limit. I can understand a desire to have traders' risk levels not become catastrophic to them and to the economy, in general. However, such limits can also limit the exercise of responsible trading and investing and thereby negatively impact the economy on a micro as well as on a macro level by limiting one's ability to responsibly 'scale' into a market among other things. Perhaps an increased focus on education regarding risk management would be more appropriate than imposing government controls on a free market. The more that responsible trading and investing activity can be encouraged and cultivated, then the more that we insure that a robust and healthy market can endure.

Regards,
ozdean (for FPA ID)
 
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