FTC v. Binance: A Look Into the CEA and Regulations

IV. RELEVANT STATUTORY BACKGROUND AND LEGAL FRAMEWORK

C. Anti-Evasion Principles in the CEA and Regulations

39. Regulation 1.6(a), 17 C.F.R. § 1.6(a) (2022), provides that it “shall be unlawful to conduct activities outside the United States, including entering into agreements, contracts, and transactions and structuring entities, to willfully evade or attempt to evade any provision of the Commodity Exchange Act as enacted by Subtitle A of the Wall Street Transparency and Accountability Act of 2010 or the rules, regulations, and orders of the Commission promulgated thereunder.” See also Section 2(i)(2) of the Act, 7 U.S.C. § 2(i)(2) (authorizing promulgation of anti-evasion regulations).