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 22-17 Letter Type: Advisories
Division: MPD
Regulation Parts: 3.3
Tags: Annual Report, CCO, Swap Dealer
Issuance Date:
Description:

Advisory to non-U.S. swap dealers and non-U.S. major swap participants relying on substituted compliance under the terms of an applicable CFTC entity-level comparability determination with respect to the filing of an annual chief compliance officer report required pursuant to Commission regulation 3.3(f).


Requester(s): CFTC
PDF Image 22-06 Letter Type: Advisories
Division: DOD, MPD
Regulation Parts: 43.3, 45.14
Tags: Reporting, Swap Data
Issuance Date:
Description:

DOD is issuing an advisory setting forth instructions for notifying staff pursuant to Parts 43 and 45 when a swap execution facility, designated contract market, or reporting counterparty determines that it is unable to timely correct an error. In this advisory, staff is also highlighting a specific type of error concerning swaps that remain erroneously open at swap data repositories despite having been terminated.


Requester(s): CFTC
PDF Image 21-19 Letter Type: Advisories
Division: DMO
Regulation Parts: 5h(a)(1), 37.3
Tags: Registration, SEF
Issuance Date:
Description:

The Division of Market Oversight of the Commodity Futures Trading Commission is issuing this advisory to remind entities of the swap execution facility registration requirements set forth in the Commodity Exchange Act and Commission regulations and to highlight certain scenarios where entities may be required to register.


PDF Image 21-14 Letter Type: Advisories
Division: MPD
Regulation Parts: 1.17, 23.100, 23.101, 23.102
Tags: FCM, Margin, SD, Swap Dealer, Capital
Issuance Date:
Description:

Advisory to SDs indicating they are not required to obtain approval to use a model to calculate the initial margin on uncleared swaps for purposes of determining the SD’s minimum capital requirement under Commission regulations.


PDF Image 20-34 Letter Type: Advisories
Division: DSIO
Regulation Parts: 4d, 4d(f), 1.11, 1.20, 1.32, 1.55, 22.2, 22.5
Tags: FCM, Segregation, Virtual Currency
Issuance Date:
Description:

DSIO advisory to FCMs regarding accepting and holding customer virtual currency assets in segregation and guidance on practices to consider in developing and maintaining their risk management programs when holding such assets as customer funds.


PDF Image 20-28 Letter Type: No-Action, Advisories
Division: DCR
Regulation Parts: 1.56, 39.13
Tags: Initial margin, DCO, Disclosure, FCM, Margin, Guarantees Against Loss, Risk Management
Issuance Date:
Description:

DCR DSIO Issue Supplemental Advisory Grant of No-Action Relief from 1.56 and 39.13(g)(8)(iii)


PDF Image 20-17 Letter Type: Advisories
Division: COM, DMO, DCR, DSIO
Regulation Parts: 1.11, 1.55, 1.73, 38, 39.13
Tags: DCM, DCO, FCM, COVID-19, Risk Management, Market Integrity
Issuance Date:
Description:

DMO, DCO, and DSIO issue this advisory to remind DCMs, FCMs, and DCOs that they are expected to prepare for the possibility that certain contracts may continue to experience extreme market volatility, low liquidity and possibly negative pricing.


PDF Image 19-24 Letter Type: Advisories
Division: DSIO
Regulation Parts: 3.3
Tags: CCO, FCM, MSP, SD
Issuance Date:
Description:

Advisory providing further guidance on certain requirements applicable to swap dealers, futures commission merchants, and major swap participants in connection with the preparation and submission of chief compliance officer annual compliance reports pursuant to § 3.3.


PDF Image 19-17 Letter Type: No-Action, Advisories
Division: DCR, DSIO
Regulation Parts: 1.56, 39.13
Tags: Initial margin, DCO, Disclosures, FCM, Margin, Guarantees Against Loss, Margin Withdrawals
Issuance Date:
Description:

Advisory to FCMs and time-limited no-action relief to DCOs with respect to the treatment of separate accounts by FCMs.


PDF Image 19-16 Letter Type: Advisories
Division: DSIO
Regulation Parts: 23.154, 23.157, 23.158, 23.504, 23.600
Tags: Initial margin, Uncleared Swaps, Threshold
Issuance Date:
Description:

Advisory clarifying that no documentation concerning the collection, posting and custody of initial margin is required to be completed until the initial margin threshold amount of $50 million has been exceeded.