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前美国商品期货交易委员会主席范姆:该机构管辖范围涵盖几乎所有大宗商品,仅洋葱和胶片除外

2026-10-12 15:34:32
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Former CFTC Chairman Pham: The agency's jurisdiction covers almost all commodities, except onions and box office receipts.

Caroline Pham said that the jurisdiction of the Commodity Futures Trading Commission (CFTC) is much broader than most people realize, with only a few exemptions left over from history. Carolyn Fan, who served as acting chairman of the CFTC, pointed out that the agency's regulatory authority is far broader than many people imagine. According to The Block and CryptoBriefing, Fan said that the CFTC can oversee almost any item, with two notable exceptions: onions and box office revenue.

The Legal Reality Behind Humor

Although this comment is humorous, it highlights a serious feature of U.S. commodity law. Congress has in some cases separated specific markets from CFTC oversight, often after political or economic disputes. Although the agency's jurisdiction has expanded significantly over the decades to cover everything from agricultural products to energy products to financial derivatives, these exemptions still remain in the legal text.

Fan's comments come at a time when the scope of the CFTC's regulation of digital assets is under strict scrutiny. For years, lawmakers, regulators, and industry participants have debated whether cryptocurrencies should be regulated primarily by the CFTC or the Securities and Exchange Commission (SEC). This distinction is crucial because the two agencies operate under different legal frameworks, enforcement powers and registration requirements.

Promote clearer rules for digital assets

During his tenure as acting chairman, Fan was a powerful voice in advocating clearer rules for digital assets. She has previously argued that similar financial risks should receive similar regulatory treatment whether assets are labeled as securities or commodities. Her latest comments reinforce this view, describing the CFTC's statutory authority as broad in design rather than limited to traditional futures markets.

The classification problem of goods has practical consequences for crypto companies. If a token is recognized as a commodity, its derivative trading will be governed by the CFTC, and spot market regulation may also be included under certain legislative proposals. If classified as a security, the issuer and exchange are subject to the SEC's registration and disclosure requirements.

Congress has considered a number of bills aimed at resolving this jurisdictional overlap, often collectively referred to as market structure legislation. Fan's description of the CFTC's powers as almost all-encompassing (with some historical exceptions) could be seen as an argument for expanding the agency's role in digital asset regulation rather than conceding to the SEC.

Market Impact

Fan's remarks do not change existing laws, but they enrich the ongoing policy discussions that are shaping the final regulation of digital assets. Crypto companies that follow the market structure debate may see her comments as a signal of support for a CFTC-centered regulatory path that many industry participants prefer over SEC regulation due to differences in registration and disclosure burdens.

Any eventual jurisdiction change will affect how exchanges, custodians and token issuers structure compliance procedures. For now, the remarks are comments on the scope of existing commodity laws rather than a signal of imminent regulatory changes.

Fan's remarks remind people that although commodity laws are broad in scope, they still carry historical quirks defined by Congress decades ago. As digital asset legislation moves forward in Washington, her definition of the CFTC's powers is likely to resurface in the debate over which agency should ultimately regulate the cryptocurrency market.

FAQs

Who is Caroline Van?

Caroline Van is a former acting chairman of the U.S. Commodity Futures Trading Commission (CFTC) and is known for her focus on digital asset regulation during her tenure.

Why are onions and box office receipts excluded from CFTC regulation?

These two markets have historically been subject to specific congressional restrictions on futures trading, and although the CFTC has broad commodity jurisdiction in other respects, these exemptions remain in effect.

Why is the jurisdiction of the CFTC important to cryptocurrencies?

Whether digital assets are classified as commodities or securities determines which federal agency (CFTC or SEC) regulates their trading, registration and disclosure requirements.

Does this statement change current cryptocurrency regulation?

No. Fan's remarks reflect her interpretation of the CFTC's legal authority and contribute to ongoing's policy debate, but do not change existing laws.

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