Response to the European Commission consultation on foreign exchange financial instruments

The EACT has responded to the European Commission's consultation on foreign exchange instruments. The response highlights that FX transactions undertaken for commercial purposes by non-financial companies should not be considered as financial instruments under MiFID as such transactions promote rather than threaten financial stability. Furthermore, the delineation between a spot and an FX forward transaction should take proper account of the existing market practices and any eventual change of interpretation and scope should not put a further compliance burden on non-financial companies.