I have done some research but have still not found a definitive answer to whether or not foreign futures (e.g, DAX, HSI, etc.) will be treated as 1256 contracts or not. Beginning with 2003 I now primarily trade only futures but in addition to ES, YM, CME currency futures and ZN, I now also trade TOPX (Japan), HSI (Hong Kong), DAX and GBL (Eurex). Based on my reading of the section it requires a "regulated futures contract" but one of the conditions states it must be "domestic board of trade" or registered with the SEC. I am taking the conservative view that it means these futures do NOT qualify. I believe I have seen some comment that they believe this also but I have not seen any definitive answer. Anyone have any first-hand experience?