Recent CFTC Actions Relating to Mandatory Exchange-trading of Swaps

27 February 2014
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The CFTC recently took several actions relating to mandatory exchange-trading of swaps:

  • First, the CFTC issued an interim final rule clarifying that a party to an anonymous trade executed on a swap execution facility (SEF) or designated contract market (DCM) cannot access information in a swap data repository in order to obtain the identity of its counterparty or such counterparty's clearing member for the swap.
  • Second, the CFTC issued a no-action letter granting temporary relief (expiring May 15, 2014) to the counterparties to certain "package transactions" from the trade execution requirement with respect to such transactions and to SEFs and DCMs from the requirement that certain execution methods be followed when executing package transactions on a SEF or DCM.
  • Finally, the CFTC published guidance clarifying that a SEF may satisfy the requirement that it must obtain consent to its jurisdiction from persons executing swaps on its facilities by providing in its rulebook that any person initiating or executing a swap on the SEF consents to the SEF's jurisdiction.