The purpose of this equivalence assessment is therefore to verify that the legal, supervisory and enforcement arrangements of Japan ensure that OTC derivative contracts not cleared by a CCP and entered into by at least one counterparty established in that third country do not expose financial markets in the Union to a higher level of risk and consequently do not pose unacceptable levels of systemic risk in the Union.On 1 September 2013, the Commission received the technical advice of the European Markets Supervisory Authority (‘ESMA’) on the legal, supervisory and enforcement arrangements in Japan The Commission has considered ESMA's technical advice in carrying out its assessment, and has taken into account the regulatory developments that have taken place since then. The regulator JFSA is accountable to the Ministry of Finance of Japan, headquartered in Tokyo. Such re-assessment may lead to the repeal of this Decision, which would make counterparties automatically subject again to all requirements laid down in Regulation (EU) No 648/2012.The measures provided for in this Decision are in accordance with the opinion of the European Securities Committee,For the purposes of Article 13(3) of Regulation (EU) No 648/2012, the legal, supervisory and enforcement arrangements of Japan for valuation and dispute resolution that are applied to transactions regulated as OTC derivatives by the Financial Services Agency of Japan (‘JFSA’) or OTC Commodity derivatives by the Japanese Ministry of Economy, Trade and Industry (‘METI’) and the Japanese Ministry of Agriculture, Forestry and Fisheries (‘MAFF’) and that are not cleared by a CCP shall be considered as equivalent to the corresponding requirements set out in paragraphs 1 and 2 of Article 11 of Regulation (EU) No 648/2012, where at least one of the counterparties to those transactions is established in Japan and registered with the JFSA as a Financial Instrument Business Operator (‘FIBO’) or a Registered Financial Institution (‘RFI’).For the purposes of Article 13(3) of Regulation (EU) No 648/2012, the legal, supervisory and enforcement arrangements of Japan for the exchange of collateral that are applied to transactions regulated as OTC derivatives by the JFSA or OTC Commodity derivatives by METI and MAFF and that are not cleared by a CCP shall be considered as equivalent to the requirements of paragraph 3 of Article 11 of Regulation (EU) No 648/2012, where the following conditions are satisfied:at least one of the counterparties to those transactions is established in Japan and registered with the JFSA as a FIBO or a RFI and that counterparty is subject to the margin rules of Japan;transactions are marked-to-market and variation margin is exchanged on a daily basis where the counterparties to those transactions, established in Japan, have an average total amount of the notional principal of OTC derivatives for a one-year period from April two years before the year in which calculation is required (or one year if calculated in December) below JPY 300 billion.This Decision shall enter into force on the twentieth day following that of its publication in the

The regulator JFSA is accountable to the Ministry of Finance of Japan, headquartered in Tokyo. Die Hauptaufgabe ist die Regelung der JFSA Finanzsektor des Landes. Firms must also appoint a Compliance Officer to oversee and manage their internal . Because Regulation (EU) No 648/2012 requires all counterparties to an OTC derivative transaction not cleared by a CCP to exchange variation margin on a daily basis, this Decision should therefore be conditional on the daily exchange of variation margin for transactions conducted with FIBOs and RFIs whose average total amount of the notional principal of OTC derivatives for a one-year period, from April two years before the year in which calculation is required (or one year if calculated in December) falls below JPY 300 billion.Similar to the requirements laid down in Delegated Regulation (EU) 2016/2251, under the margin rules of Japan, all financial institutions which aggregate notional amounts of non-cleared OTC derivatives, non-cleared OTC Commodity derivatives, physically-settled foreign exchange (‘FX’) forwards and FX swaps of a consolidated group, excluding intragroup transactions, for the months March, April and May one year before the year in which the calculation exceeds JPY 1,1 trillion must exchange details of the initial margin. Those measures should therefore be considered as providing for the effective application of the relevant legal, regulatory and enforcement arrangements under the OTC derivatives rules of Japan in an equitable and non-distortive manner to ensure effective supervision and enforcement.This Decision is based on the legally binding requirements relating to OTC derivative contracts applicable at the time of adoption of this Decision. This Decision is not only based on a comparative analysis of the legal, supervisory and enforcement requirements applicable in Japan, but also on an assessment of the outcome of those requirements and their adequacy in order to mitigate the risks arising from OTC derivative contracts not cleared by a CCP in a manner considered equivalent to the outcome of the requirements laid down in Regulation (EU) No 648/2012.The legal, supervisory and enforcement arrangements applicable in Japan for OTC derivative contracts are laid out in the Financial Instruments and Exchange Act, No 25 of 1948 (‘FIEA’), and apply to Financial Instrument Business Operators (‘FIBOs’) and Registered Financial Institutions (‘RFIs’), which include regulated banks, cooperatives, insurance companies, pension funds and investment funds. The JFSA’s gradual and measured iterations on Japanese crypto asset regulations, and its growing cooperation with its crypto industry’s SROs and exchanges, have allowed Japan to take its place at the forefront of how AML/CFT regulations like FATF’s travel rule evolve and are implemented. JFSA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms JFSA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms



Originally created in 1998 as an administrative wing of the Prime Minister’s Office, Japan’s Financial Services Agency (FSA) was established as a regulatory body in 2000 by the Financial Reconstruction Commission (FRC). Legal & Regulatory (JFSA) Membership ; 0.00 ( 0 votes ) DDRJ Operating Procedures. All responsibility for the contents of the review rests with the commentators. Following FATF policy, the FSA works to ensure Japan’s financial institutions adhere to the AML/CFT policies and practices set out in the . The FSA also plays a role in developing new financial legislation in coordination with the Japanese government.

PFMI Disclosure.


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