The “forces of change” affecting the U.S. regulatory environment described in Ethiopis Tafara’s and Robert Peterson’s article A Blueprint for Cross-Border Access to US Investors: A New International Framework (“the Blueprint”) are challenging regulators across the world. The Australian Securities and Investments Commission (“ASIC”) has been developing an approach to regulating cross-border trade in financial services, and this has found expression in a number of ASIC policy statements. This commentary, which explores possible approaches to such “forces of change,” is therefore given from the perspective of a regulatory authority that has articulated a position on regulating cross-border trade and is grappling with implementing that policy.
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