Confused about the new law and US ETFs. Will IB still let me buy them?

Got exactly the same answers 3 months ago, by phone and by mail. Still working. But it wouldn’t be the first time their support is not useful, let’s be honest.

Slow and buggy website and average support = IB (but full of options and cheap so everyone can decide…)

Swiss resident are linked to IB UK and not IB EU.

Their email answer :

Summary: Ticket Summary not entered
IBCS 2019/11/22 12:18:38
Dear Mr. Ponce Yague,

Thank you for contacting us.

UK Retail clients are restricted from trading in US ETFs. Opening orders from retail investors residing in the European Economic Area (EEA) who attempt to enter an opening order that are associated with a product that does not comply with the EU’s Packaged Retail and Insurance-based Investment Product Regulation (PRIIPS) will be rejected. The regulation is intended to enhance understanding of these products through the provision of disclosure documentation. This documentation is referred to as the Key Information Document (or “KID”) which. The KID provides information such as product description, costs, risks & performance.

In terms of opening new positions - we do not have a timeframe as to when (or if) these will be updated or tradable again. You should be able to close any open position, including any ETF, through your trading software.

The products that this applies to have returns associated with a reference value and include derivatives (options and futures), ETFs, ETNs, funds and certain debt instruments. It does not apply to stock, FX and standard bonds.

Orders will be rejected if the manufacturer, or issuer, of the product has decided not to provide the KID required to distribute the product to EEA retail residents.

Note that this restriction does not apply to existing positions subject to the KID requirement that you are attempting to close. For more information about these restrictions please reference the IB knowledge base article entitled, "PRIIPs Regulation” at LINK…/2993

Although you may not be able to open a new position in that ETF symbol due to the European Economic Area regulations but you can still click on Close or use the to right-click Close button on any position in the TWS/Mosaic/Web Trader/IBKR Mobile to close an open position. If you are still unable to close an open position through the trading software, you can call the IB Trade Desk and they can place a closing marketable order.

With respect to the PRIIP and MiFID regulations, Interactive Brokers is required to categorize its clients as either Retail or Professional in order to determine the correct level of investor protection and transparency. It is possible to be reclassified from retail to professional once certain qualitative, quantitative and procedural requirements are met.

Qualitative Requirements: we must conduct an assessment of your expertise, experience and knowledge to ensure that you are capable of making your own investment decisions and that you understand the risks involved.

Quantitative Requirements: we must ensure you have satisfied two of the following criteria:
-You have carried out trades in significant size on the relevant market at an average frequency of 10 per quarter over the previous four quarters;
-Your portfolio including cash exceeds EUR 500,000;
-You have worked in the financial sector for at least one year in a professional position.

If all of the above are satisfied, our compliance department will review the request. Documentation of any portfolios held or trades executed away from IBKR may be required.

For MIFIR Registration (PRIIPS), you can apply through Account Management > Setting > Account Settings > Configuration > MiFID Client Category.
For more information you may refer to below link: LINK…/mifid_category.htm

Regards,
Adarsh A.
IBKR Client Services.

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Thank you Mustachioed for pointing this out, this timeline clarifies a lot. I have featured your comment in my video where I’m complaining about Degiro’s sudden communication this Monday about barring Custody users from buying “complex stocks” at that day https://youtu.be/XEjKBX8_tiQ . Regarding US ETFs, I can confirm that IB does let one buy them (e.g., VT and VOO) at time of writing (August 2020), but that won’t last forever I guess

Are you sure you can actually purchase US ETF’s on IB though? They are listed, but when trying to buy them, there is a message “Contract is not available for trading”.

Yes.
You are possibly trying to purchase the wrong item, it shouldn’t say “contract”.
Are you trading options?

I’m trying to purchase VOO (VANGUARD S&P 500 ETF).
I have a UK IB account.
When I click on buy, it says “Contract is not available for trading”.
My permissions are activated to allow US stocks.

Hi,

I don’t know what are you trying but I did right now without problems.

Screen Shot 2020-08-27 at 21.07.09

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Ah, I have now realized that this is a Switzerland based forum, so perhaps Swiss residents still have this privilege!

Yes iiuc Swiss residents don’t fall under the new PRIIPS ruling which blocks EU citizens from buying US ETFs.

Indeed @vincentblack, it seems that Swiss-based investors can still buy US-based ETFs (VT, VOO and alike) on IB UK. I just did it yesterday without a hitch.

@Mustachioed, if I understand your summary correctly, this means we should buy and hold US ETFs as much as possible before Jan 2022? This aligns with the mustachian way, but what will happen after Jan 2022, will we be allowed to keep them and not buy additional shares? or will we have to sell them?

Just for the thought experiment (sorry for throwing politics in): Will this be affected by the Brexit outcome? :wink:

You’ll be able to keep them.

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And most likely keep buying them.

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Hello all. Sorry to be several months late to the party. I asked IB this same question and received the below reply. Which raises the question:

Is everyone on here except me a Professional Investor? or…
Is IB tool not aligned with the answers they are giving? or…
IB is already telling folks no, in anticipation of January 2022, and we have until then to bulk buy VOO/VT/VTI/etc?

“Apologies for the delay in answering your inquiry. Unfortunately the PRIIP / KID regulations will also apply for Swiss residents. Hence you would need to be classified as a professional investor to be able to invest in US ETFs.
You can download the Elective Professional Client Notification that needs to be filled out and signed here: https://www.interactivebrokers.co.uk/download/IBKR-UK-ProServNotification-Elective-Professional.pdf
We offer both above mentioned ETF and mutual fund.
For US Citizens we provide additional Tax Reports to enable you to file your taxes with the IRS. Same for the Swiss Tax Authorities.”

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Did they say when they’d start enforcing them? If not I assume it’s just an issue of support not being knowledgeable.

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They did not. I wrote them again today explicitly stating Jan 2022 (thanks to all of your posts above). Will of course share their reply when I have it.

I suspect you are right, though I have to say it’s discouraging when not even the provider knows what they can and cannot sell you.

(also, off topic but FMF is a great movie)

Honestly just ignore it. People have been discussing it for years, if it happens it happens (though IB is the least likely to apply it, given it’s execution only and doesn’t directly market things).

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Thanks, appreciate it. Just need to confirm a few points for Uncle Sam, but I think that belongs in another thread haha

Unashamed kick to the topic, as 1 January is approaching (it is getting colder outside, isn’t it?)
Did you ever get a reply to this?

I’m considering consolidating all US investments in VT if this happens for simplicity, and would not like to be late to the party so all VT-binge-buyers drive up the price :wink:

No, they never answered. IB is great for low fees but the helpdesk is not the best ; )

I bought VT several weeks ago without issue, I suspect our peers in this thread have been doing the same. No one seems to know what will happen on 01.01.2022, but it if US ETFs are no longer available I have a feeling this thread will be full of alternatives…

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like buying VT call options at the money on Friday 9:59pm an execute them? :wink:

Seems like a nightmare to declare in the tax forms, or when dealing with an inspection

“Yeah yeah, I just totally bought them to hedge my positions, and not to circumvent the new regulations.
What do you mean I only held the contracts for 2 minutes before exercising the contracts, that’s totally a valid hedging case.”

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