The Division is extending its no-action positions for those package transactions where at least one individual swap component is made available to trade (“MAT”) and therefore subject to the CEA section 2(h)(8) trade execution requirement, and all other components are contracts for the purchase or sale of a commodity for future delivery, i.e., futures contracts (“MAT/Futures Package Transactions”).

Extension of No-Action Relief from Sections 2(h)(8) and 5(d)(9) of the Commodity Exchange Act and from Commission Regulations 37.3(a)(2) and 37.9 for Swaps Executed as Part of Certain Package Transactions.

The Division of Market Oversight extended the no-action relief granted in CFTC Letter 15-55 for certain swaps required to be traded on a swap execution facility (SEF) or designated contract market (DCM) to the extent that those swaps were part of a package transaction.

The Division of Market Oversight (DMO) of the Commodity Futures Trading Commission (Commission) herein extends existing no-action relief from requirements in sections 2(h)(8) and 5(d)(9) of Commodity Exchange Act (CEA or the Act) and from requirements in Commission Regulations 37.3(a)(2) and 37.9 for swaps executed as part of certain package transactions.

DMO and DCR issued no-action relief, providing the phased-in compliance for package transactions which include at least one swap that has been made available to trade and is therefore subject to the trade execution requirement as well as no-action relief for the clearing of package transactions.

The Division previously provided no-action relief for certain swaps required to be traded on a swap execution facility (SEF) or designated contract market (DCM) to the extent that those swaps were part of a package transaction. The Division has determined that further relief is appropriate to enable market participants to fully comply with the trade execution requirement with respect to swap components of certain categories of package transactions.

The Division is issuing a letter providing time-limited no-action relief to: (1) entities or counterparties transacting package transactions from the requirements of CEA section 2(h)(8); and (2) SEFs and DCMs, trading package transactions from the requirements of § 37.9 of the Commissions regulations and CEA section 5(d)(9), respectively, until 11:59 p.m. (eastern time) May 15, 2014.