Compliance Dates
The Commodity Futures Trading Commission is in the process of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Final Rules
Rulemaking | Citation | Effective Date | Compliance Dates | Rule Adoption Meeting |
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Adaptation of Regulations to Incorporate Swaps | 77 FR 66287 | Seriatim Vote | ||
The Commission adopted a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act. The compliance date and effective date are the same. |
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Final Exemptive Order Regarding Compliance With Certain Swap Regulations | 78 FR 858 | View Dates | Seriatim Vote | |
7/12/2013 The exemptive order, which provides relief from certain requirements, will expire on July 12, 2013. On July 12, 2012, the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') published for public comment, pursuant to section 4(c) of the Commodity Exchange Act (``CEA''), a proposed order (``Proposed Order'') that would grant market participants temporary conditional relief from certain provisions of the CEA, as amended by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'' or ``Dodd-Frank''), and the Commission also published its proposed interpretive guidance and policy statement (``Proposed Guidance'') regarding the cross-border application of the swap provisions of the CEA as added by Title VII of the Dodd-Frank Act. The Commission has determined to finalize the Proposed Order, with certain modifications and clarifications to address public comments. Under this final order (``Final Order''), a non-U.S. person that registers as a swap dealer (``SD'') or major swap participant (``MSP'') may delay compliance with certain entity-level requirements of the CEA (and Commission regulations promulgated thereunder), and non-U.S. SDs and MSPs and foreign branches of U.S. SDs and MSPs may delay compliance with certain transaction-level requirements of the CEA (and Commission regulations promulgated thereunder), subject to specified conditions. In addition, the Commission is separately proposing further guidance on certain specific aspects of the Proposed Guidance (``Further Proposed Guidance''). |
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Final Exemptive Order Regarding Compliance With Certain Swap Regulations | 78 FR 858 | View Dates | Seriatim Vote | |
7/12/2013 The exemptive order, which provides relief from certain requirements, will expire on July 12, 2013. On July 12, 2012, the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') published for public comment, pursuant to section 4(c) of the Commodity Exchange Act (``CEA''), a proposed order (``Proposed Order'') that would grant market participants temporary conditional relief from certain provisions of the CEA, as amended by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'' or ``Dodd-Frank''), and the Commission also published its proposed interpretive guidance and policy statement (``Proposed Guidance'') regarding the cross-border application of the swap provisions of the CEA as added by Title VII of the Dodd-Frank Act. The Commission has determined to finalize the Proposed Order, with certain modifications and clarifications to address public comments. Under this final order (``Final Order''), a non-U.S. person that registers as a swap dealer (``SD'') or major swap participant (``MSP'') may delay compliance with certain entity-level requirements of the CEA (and Commission regulations promulgated thereunder), and non-U.S. SDs and MSPs and foreign branches of U.S. SDs and MSPs may delay compliance with certain transaction-level requirements of the CEA (and Commission regulations promulgated thereunder), subject to specified conditions. In addition, the Commission is separately proposing further guidance on certain specific aspects of the Proposed Guidance (``Further Proposed Guidance''). |
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Part 4 Conforming Amendments | 77 FR 54355 | View Dates | Seriatim Vote | |
11/5/2012 Persons who come within the CPO or CTA definition by virtue of swaps activity become subject to applicable disclosure, reporting and recordkeeping requirements. The Commodity Futures Trading Commission (Commission) is amending its regulations governing the operations and activities of commodity pool operators (CPOs) and commodity trading advisors (CTAs) in order to have those regulations reflect changes made to the Commodity Exchange Act (CEA) by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). |
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Registration of Intermediaries | 77 FR 51898 | View Dates | Seriatim Vote | |
The Part 3 regulations only impact a firm once it initiates the registration process as required by other rules. The Division of Swap Dealer and Intermediary Oversight provided no-action relief that deferred compliance until March 31, 2013, for persons who are required to register as an AP of an FCM, IB, CPO, or CTA, where the requirement to be registered as such arises solely from the swaps activity of the person or from the person being involved with ICE/NYMEX Contracts, as discussed more fully in CFTC Staff Letter 12-69 . The Commodity Futures Trading Commission (Commission) is adopting regulations to further implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) regarding registration of intermediaries. Specifically, the Commission is adopting certain conforming amendments to the Commission's regulations regarding the registration of intermediaries, consistent with other Commission rulemakings issued pursuant to the Dodd-Frank Act, and other non- substantive, technical amendments to its regulations. |
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Swap, Security-Based Swap, Security-Based Swap Agreement - Further Definitions (Jt. with SEC) | 77 FR 48207 | View Dates | View Meeting (7/10/2012) | |
10/12/2012 In accordance with section 712(a)(8), section 712(d)(1), sections 712(d)(2)(B) and (C), sections 721(b) and (c), and section 761(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"), the Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (collectively, "Commissions"), in consultation with the Board of Governors of the Federal Reserve System ("Board"), jointly adopted new rules and interpretations under the Commodity Exchange Act ("CEA") and the Securities Exchange Act of 1934 ("Exchange Act") to further define the terms "swap," "security-based swap," and "security-based swap agreement" (collectively, "Product Definitions"); regarding "mixed swaps;" and governing books and records with respect to "security-based swap agreements." The CFTC requested comment on its interpretation concerning forwards with embedded volumetric optionality, contained in Section II.B.2.(b)(ii). |
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Client Clearing Documentation, Straight Through Processing, Clearing Member Risk Management | 77 FR 21278 | View Dates | View Meeting (3/20/2012) | |
For SDs and MSPs, the compliance date is the later of October 1, 2012 or the date the SD/MSP registration rules are effective 10/1/2012 For FCMs, DCMs, and DCOs, these rules are effective October 1, 2012 For SEFs, the rules are effective on the date the rules implementing the core principles for SEFs are effective. The Commodity Futures Trading Commission (Commission) adopted rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These rules address: The documentation between a customer and a futures commission merchant that clears on behalf of the customer; the timing of acceptance or rejection of trades for clearing by derivatives clearing organizations and clearing members; and the risk management procedures of futures commission merchants, swap dealers, and major swap participants that are clearing members. |
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Swap Transaction Compliance and Implementation Schedule: Clearing Requirement | 77 FR 44441 | View Dates | Seriatim Vote | |
The Commission will determine an implementation schedule in connection with a given clearing requirement determination. The Commodity Futures Trading Commission (Commission or CFTC) adopted regulations to establish a schedule to phase in compliance with the clearing requirement under new section 2(h)(1)(A) of the Commodity Exchange Act (CEA or Act), enacted under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The schedule will provide additional time for compliance with this requirement. |
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End-User Exception to the Clearing Requirement for Swaps | 77 FR 42559 | View Dates | View Meeting (7/10/2012) | |
Parties who chose to elect the exception in this rule will need to comply with the requirements applicable upon such election only after compliance with a clearing requirement rule begins. The Commodity Futures Trading Commission (Commission or CFTC) adopted final regulations to implement the exception to the clearing requirement available to swap counterparties meeting certain conditions under the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Act. |
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Designated Contract Markets | 77 FR 36611 | View Dates | View Meeting (5/10/2012) | |
10/17/2012 DCMs must comply with the rules adopted in this release (except § 38.151(a)) by October 17, 2012. 2/19/2013 DCMs that obtained designation on, or prior to, the date of publication of the DCM final rule must comply with § 38.151(a) by February 19, 2013. The Commodity Futures Trading Commission ("Commission" or "CFTC") adopted new and amended rules, guidance, and acceptable practices to implement certain statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The final rules, guidance and acceptable practices, which apply to the designation and operation of contract markets, implement the Dodd-Frank Act's new statutory framework that, among other things, amends section 5 of the Commodity Exchange Act ("the Act" or "CEA") concerning designation and operation of contract markets, and adds a new CEA section 2(h)(8) to mandate the listing, trading and execution of certain swaps on designated contract markets ("DCMs"). The proposed rules related to core principle 9 were not finalized in this release. |