CFTC Staff Letters

Interpretative relief granted that states that a pool that is only funded and traded by two brothers is not a commodity pool

No-action relief related to data masking of information required to be reported under OCR Final Rule.

No-action relief related to data reporting requirements under OCR Final Rule.

Exemptive relief granted to a CPO of pools that began operations during the fourth quarter of 2015 from providing annual reports for fiscal year 2015; provided, that the CPO provide an annual report that covers the period from the beginning of operations to the end of fiscal year 2016 after the end of fiscal year 2016. The CPO has provided waivers from all participants of the pools.

The CPO of a commodity pool requested, and DSIO granted pursuant to Regulations 4.12(a) and 140.93, relief from Regulations 4.7(b)(3) and 4.22(d), which require the filing and distribution of audited financial statements, for fiscal year 2015 and requested to be permitted to file with NFA and distribute to participants audited financial statements for the pool covering the period from July 21, 2015 to December 31, 2016.

No-Action Relief from the Timing Requirements of Commission Regulation 3.3(f)(2) Relating to Annual Reports by Chief Compliance Officers for Deutsche Bank AG.

No-Action Relief from the Timing Requirements of Commission Regulation 3.3(f)(2) Relating to Annual Reports by Chief Compliance Officers for Commerzbank AG.

Extension of Time-Limited No-Action Relief with Respect to Certain Commodity Exchange Act Provisions That May Apply to Southwest Power Pool, Inc. and/or Its Participants.

The CFTC’s Division of Clearing and Risk (the “Division”) issued a no-action letter providing limited no-action relief for derivatives clearing organizations (“DCOs”) that are registered with the Commission and are authorized to operate as central counterparties (“CCPs”) in the EU from the application of Commission regulations to discrete aspects of their non-U.S. clearing activities.

The Division of Market Oversight is issuing a no-action letter that extends Letter No. 15-25 and provides relief from: (1) the requirement that a SEF obtain documents that are incorporated by reference in a confirmation issued under Commission Regulation 37.6(b) prior to issuing the confirmation; (2) the requirement that a SEF maintain such documents as records; and (3) the requirement that a SEF report terms contained in such documents that are confirmation data.