Joint Release/Federal Regulatory Agencies Announce Coordination of Reviews for Certain Foreign Funds under “Volcker Rule” — 2017-07-21

Federal Regulatory Agencies Announce Coordination of Reviews for Certain Foreign Funds under "Volcker Rule" Five federal financial regulatory agencies today announced that they are coordinating their respective reviews of the treatment of certain foreign funds under section 619 of the Dodd-Frank Act, commonly known as the Volcker Rule, and the agencies' implementing regulations. These foreign funds are investment funds organized and offered outside of the United States that are excluded from the definition of "covered fund" under the agencies' implementing regulations ("foreign excluded funds"). Section 619, and the implementing regulations, generally do not apply to investments in, or sponsorship of, these foreign excluded funds by a foreign banking entity. However, complexities in the statute and the implementing regulations may result in certain foreign excluded funds becoming subject to regulation under section 619 because of governance arrangements with or investments by a foreign bank.