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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Real-Time Reporting for Swaps | 77 FR 1182 | View Dates | View Meeting (12/20/2011) | |
10/12/2012 SEFs, DCMs, and MSPs must report interest rate swaps and credit swaps executed on a SEF or DCM and “off-facility” swaps where at least one counterparty is an MSP. Registered SDRs for the interest rate and credit asset classes must accept and disseminate swap transaction and pricing data for those asset classes. 12/31/2012 SDs whose swap dealing activities exceeded either of the notional thresholds during the month of October, 2012 are required to be in compliance with the swap data real-time reporting requirements of Part 43 for credit swaps and interest rate swaps (“Compliance Date 1 Swaps”). See Division of Market Oversight No-Action Letter, CFTC Letter No. 12-32 PDF Image, issued November 19, 2012. 1/10/2013 SEFs, DCMs, and MSPs must report equity swaps, foreign exchange swaps, and other commodity swaps executed on a SEF or DCM and “off-facility” swaps where at least one counterparty is an MSP. Registered SDRs for the interest rate, credit, equity, foreign exchange, and other commodity asset classes must accept and disseminate swap transaction and pricing data for those asset classes. 2/28/2013 SDs whose swap dealing activities exceeded either of the notional thresholds during the month of October, 2012 are required to be in compliance with the swap data reporting requirements of Part 43 for equity swaps, foreign exchange swaps and other commodity swaps (“Compliance Date 2 Swaps”). See Division of Market Oversight No-Action Letter, CFTC Letter No. 12-41 PDF Image, issued December 5, 2012. 4/10/2013 Reporting and public dissemination of publicly reportable swap transactions in all asset classes by SEFs, DCMs, SDs, MSPs, and non-SD/MSP to non-SD/MSP off-facility transactions. The Commodity Futures Trading Commission (Commission) adopted regulations under Part 43 to implement certain statutory provisions enacted by the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, the Commission adopted rules to implement a framework for the real-time public reporting of swap transaction and pricing data for all swap transactions. |
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Foreign Boards of Trade - Registration | 76 FR 80674 | View Dates | View Meeting (12/5/2011) | |
8/20/2012 Foreign Boards of Trade currently providing for direct access under Commission staff no-action relief letters that want to continue to provide for direct access must submit registration applications, determined in good faith by the applicant to be complete, not later than August 20, 2012. The Commodity Futures Trading Commission (Commission) issued final rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act to establish a registration system for foreign boards of trade that wish to provide their identified members or other participants located in the United States with direct access to their electronic trading and order matching systems. |
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Investment of Customer Funds (Regulation 1.25) | 76 FR 78776 | View Dates | View Meeting (12/5/2011) | |
6/18/2012 A futures commission merchant (FCM) or derivatives clearing organization (DCO) that was already in compliance with Regulation 1.25 as of the effective date may not invest funds during the period of time between the effective date and the compliance date (the Compliance Period) if such investments would cause the FCM or DCO to move out of compliance. An FCM or DCO that did not comply with Regulation 1.25 as of the effective date has until the compliance date to fully comply. However, during the Compliance Period such an FCM or DCO may only alter its investments in a manner that advances its efforts to come into compliance – it may not pursue investments that would move it further out of compliance. The Commodity Futures Trading Commission (Commission) amended its regulations regarding the investment of customer segregated funds subject to Commission Regulation 1.25 (Regulation 1.25) and funds held in an account subject to Commission Regulation 30.7 (Regulation 30.7, and funds subject thereto, 30.7 funds). Certain amendments reflect the implementation of new statutory provisions enacted under Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The amendments address: certain changes to the list of permitted investments (including the elimination of in-house transactions), a clarification of the liquidity requirement, the removal of rating requirements, and an expansion of concentration limits including asset-based, issuer-based, and counterparty concentration restrictions. They also address revisions to the acknowledgment letter requirement for investment in a money market mutual fund (MMMF), revisions to the list of exceptions to the next-day redemption requirement for MMMFs, the elimination of repurchase and reverse repurchase agreements with affiliates, the application of customer segregated funds investment limitations to 30.7 funds, the removal of ratings requirements for depositories of 30.7 funds, the elimination of the option to designate a depository for 30.7 funds, and certain technical changes. |
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Position Limits for Futures and Swaps | 76 FR 71626 | View Dates | View Meeting (10/18/2011) | |
N/A The Commodity Futures Trading Commission (Commission) adopted regulations establishing position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. The final rule was vacated by the United States District Court for the District of Columbia in International Swaps and Derivatives Ass’n v. CFTC, Civil Action No. 11-cr-2146 (RLW) (D.D.C. September 28, 2012). The Commission is appealing the District Court’s decision. |
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Derivatives Clearing Organizations | 76 FR 69334 | View Dates | View Meeting (10/18/2011) | |
1/9/2012 All provisions except those for which there is a compliance date of May 7, 2012 or November 8, 2012. 5/7/2012 39.11, 39.12, 39.13 (except for 39.13(g)(8)(i)), 39.14 11/8/2012 39.10(c), 39.13(g)(8)(i), 39.18, 39.19, 39.20 The Commodity Futures Trading Commission (Commission) adopted final regulations to implement certain provisions of Title VII and Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act governing derivatives clearing organization (DCO) activities. The regulations establish the regulatory standards for compliance with DCO Core Principles A (Compliance), B (Financial Resources), C (Participant and Product Eligibility), D (Risk Management), E (Settlement Procedures), F (Treatment of Funds), G (Default Rules and Procedures), H (Rule Enforcement), I (System Safeguards), J (Reporting), K (Recordkeeping), L (Public Information), M (Information Sharing), N (Antitrust Considerations), and R (Legal Risk) set forth in Section 5b of the Commodity Exchange Act. The Commission also updated and added related definitions; adopted implementing rules for DCO chief compliance officers (CCOs); revised procedures for DCO applications including the required use of a new Form DCO; adopted procedural rules applicable to the transfer of a DCO registration; and added requirements for approval of DCO rules establishing a portfolio margining program for customer accounts carried by a futures commission merchant that is also registered as a securities broker-dealer. In addition, the Commission is adopted certain technical amendments to parts 21 and 39, and adopted certain delegation provisions under part 140. |
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Agricultural Swaps | 76 FR 49291 | View Dates | View Meeting (8/4/2011) | |
The effective date of the final rule providing further definition of "swap" The Commodity Futures Trading Commission (Commission) finalized rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The Dodd-Frank Act provides that swaps in an agricultural commodity (as defined by the Commission) are prohibited unless entered into pursuant to a rule, regulation or order of the Commission adopted pursuant to certain provisions of the Commodity Exchange Act (CEA ). The Commission finalized rules that would, among other things, implement regulations whereby swaps in agricultural commodities may transact subject to the same rules as all other swaps. The rules for swaps in an agricultural commodity repealed and replaced the Commission’s regulations concerning the exemption of swap agreements. |
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Swap Data Repositories | 76 FR 54538 | View Dates | View Meeting (8/4/2011) | |
10/12/2012 Mandatory registration (including provisional registration) and compliance with Part 49 is required as of October 12, 2012 (the effective date of the final rule providing further definition of "swap"). The Commodity Futures Trading Commission (Commission) adopted regulations to implement section 21 of the Commodity Exchange Act (CEA), which establishes registration requirements, statutory duties, core principles and certain compliance obligations for registered swap data repositories. |
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Whistleblowers | 76 FR 53172 | View Dates | View Meeting (8/4/2011) | |
10/24/2011 For information regarding the Commission’s whistleblower program, see http://www.cftc.gov/ConsumerProtection/WhistleblowerInformation/index.htm The Commodity Futures Trading Commission (Commission) adopted final rules and new forms to implement Section 23 of the Commodity Exchange Act (CEA), entitled "Commodity Whistleblower Incentives and Protection." The rules implement the Dodd-Frank Wall Street Reform and Consumer Protection Act’s requirement that the Commission establish a Whistleblower program that requires the Commission to pay an award, under regulations prescribed by the Commission and subject to certain limitations, to eligible Whistleblowers who voluntarily provide the Commission with original information about a violation of the CEA that leads to the successful enforcement of a covered judicial or administrative action, or a related action. |
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Process for Rule Certifications for Registered Entities (Part 40) | 76 FR 44776 | View Dates | View Meeting (7/19/2011) | |
9/26/2011 The Commodity Futures Trading Commission (Commission) adopted regulations to implement certain statutory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Commission also is amended its existing regulations governing the submission of new products, rules, and rule amendments. The final regulations establish the procedural framework for the submission of new products, rules, and rule amendments by designated contract markets, derivatives clearing organizations, swap execution facilities, and swap data repositories. In addition, the final regulations prohibit event contracts involving certain excluded commodities, establish special submission procedures for certain rules proposed by systemically important derivatives clearing organizations, and stay the certifications and the approval review periods of novel derivative products pending jurisdictional determinations. |
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Process for Review of Swaps for Mandatory Clearing | 76 FR 44464 | View Dates | View Meeting (7/19/2011) | |
9/26/2011 As of the compliance date, DCOs must begin submitting to the Commission any swap, or group, category, type, or class of swaps that they plan to accept for clearing. The Commodity Futures Trading Commission (Commission) adopted regulations to implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These regulations establish the process by which the Commission will review swaps to determine whether the swaps are required to be cleared. |