CFTC Staff Letters

CFTC Staff Letters provides Letters from 2008 and later. For Letters published before 2008 visit the Letters Archive page.

PDF Description
PDF Image 15-52 Letter Type: No-Action
Division: DMO, OED
Regulation Parts: 17, 18, 20
Tags: FCM, Large Trader, Reporting, Swaps, Trader
Issuance Date:
Description:

The Division of Market Oversight (DMO) is issuing a no-action letter that provides additional time for reporting parties to comply with certain reporting requirements of the ownership and control final rule (the OCR Final Rule), which was published in the Federal Register on November 18, 2013. Conditional Time-Limited No-Action Relief from certain Ownership and Control (OCR) Data reporting requirements under Parts 17, 18 and 20 of the Commissions Regulations: Replaces CFTC No-Action Letter No. 15-03


PDF Image 15-48 Letter Type: No-Action
Division: DMO, DCR, DSIO
Regulation Parts: 23, 37, 38, 43, 50
Tags: Clearing Requirement, DCM, MSP, Public, Real-Time, Reporting, SD, SEF, Swap Dealer
Issuance Date:
Description:

Extension of No-Action Relief: Transaction-Level Requirements for Non-U.S. Swap Dealers


PDF Image 15-46 Letter Type: No-Action
Division: DSIO
Regulation Parts: 4m(1)
Tags: CPO, CTA, Interstate
Issuance Date:
Description:

No-Action letter permitting, subject to certain conditions, the CPO of a pool organized as a UCITS that holds funds contributed by employees of its U.S. management company to operate said pool and its subfunds without registering as a CPO.


PDF Image 15-38 Letter Type: No-Action
Division: DMO
Regulation Parts: 45.4
Tags: Reporting, Swap Data
Issuance Date:
Description:

Further extension of no-action relief originally granted by DMO on December 17, 2012 (previously extended on June 26, 2013 and June 30, 2014) to SD and MSP reporting counterparties for cleared swaps from valuation data reporting required in section 45.4(b)(2)(ii) of the Commission’s regulations.


PDF Image 15-37 Letter Type: No-Action
Division: DSIO
Regulation Parts: 4d, 4m
Tags: CPO, CTA, FCM, IB, Interstate, Unregistered
Issuance Date:
Description:

No-Action Relief from Introducing Broker and Commodity Trading Advisor registration for persons located outside the United States in connection with certain activities for customers that are International Financial Institutions.


PDF Image 15-30 Letter Type: No-Action
Division: DMO
Regulation Parts: 5h(a)(1), 37.3
Tags: Registration, SEF
Issuance Date:
Description:

Extension of conditional time-limited no-action relief for Yieldbroker Pty Limited with regard to Section 5h(a)(1) of the Commodity Exchange Act and Commission Regulation 37.3(a)(1) until October 15, 2015.


PDF Image 15-29 Letter Type: No-Action
Division: DMO, DSIO
Regulation Parts: 2(h)(8), 5h(a)(1), 23, 37.3, 43, 45
Tags: MSP, Public, Real-Time, Recordkeeping, Registration, Reporting, SD, SEF, Swap Data, Swap Dealer, Trade Execution
Issuance Date:
Description:

Conditional no-action relief with respect to swaps trading on certain financial markets that are licensed in Australia and overseen by the Australian Securities & Investments Commission (ASIC).


PDF Image 15-25 Letter Type: No-Action
Division: DMO
Regulation Parts: 2(h)(8), 37.6, 37.1000, 37.1001, 45.2, 45.3
Tags: Core Principles, Enforceability, Recordkeeping, Reporting, Swap, Swap Data, Trade Execution
Issuance Date:
Description:

The Division of Market Oversight is issuing a no-action letter that extends No-Action Letter 14-108 and continues to provide relief from (1) the requirement that a SEF obtain documents that are incorporated by reference in confirmations issued under Commission Regulation 37.6(b) prior to issuing the confirmation, and (2) the requirement that a SEF maintain such documents as records. In addition, the division is providing relief from the requirement set forth in Commission Regulation 45.3(a) that SEFs report terms contained in the agreements that are confirmation data.


PDF Image 15-24 Letter Type: No-Action
Division: DMO, DCR
Regulation Parts: 37.9, 37.203, 38.152, 38.500
Tags: Abusive, Core Principles, Enforcement, Execution, Trading
Issuance Date:
Description:

The Division of Market Oversight and the Division of Clearing and Risk are issuing a no-action letter that provides relief similar to that provided in No-Action Letters 13-66 and 14-50 by permitting swap execution facilities (SEFs) and designated contract markets (DCMs) to address clerical or operational errors that cause a swap to be rejected from clearing. The relief provided in this letter also permits SEFs and DCMS to address clerical or operational errors discovered after a swap has been cleared.


PDF Image 15-22 Letter Type: No-Action
Division: DSIO
Regulation Parts: 4m(1)
Tags: CPO, CTA, Interstate
Issuance Date:
Description:

The Division of Swap Dealer and Intermediary Oversight took a CPO and CTA registration no-action position with respect to the use of wholly-owned United States subsidiaries by a Canadian company to participate in commodity pools organized and operated in the United States. The Canadian company is the real estate investment subsidiary of an entity formed by a Canadian province to invest assets of pension and insurance plans. The United States subsidiaries are formed for tax purposes, and neither the Canadian company nor any of its United States subsidiaries seeks or accepts United States investors or participants.