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Final Rules, Guidance, Exemptive Orders and Other Actions

  • Dodd-Frank Final Rules, Final Guidance, Final Exemptive Orders, and Other Final Actions

    The Commodity Futures Trading Commission is in the process of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act. Under Dodd-Frank, in August 2010, the Commission began issuing proposed rules and soliciting public comment.

    View Dodd-Frank Proposed Rules, Guidance and Exemptive Orders
    View all Dodd-Frank Guidance, Advisories and Questions
    Currently Effective Staff Letters

    The finalization process is ongoing. The CFTC has now finalized 69 rules, exemptive orders and guidance actions and 5 other actions.

    Final Rules, final guidance, final exemptive orders, and other final actions

    Publication
    Date

    Final Actions

    09/26/14

    79 FR 57767 // PDF Version

    17 CFR Part 1
    Exclusion of Utility Operations-Related Swaps with Utility Special Entities from De Minimis Threshold for Swaps with Special Entities
    Effective Date: Monday, October 27, 2014

    1/31/2014

    79 FR 5808 // PDF Version
    17 CFR Part 75
    Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds
    Effective Date: Tuesday, April 01, 2014

    12/02/2013

    78 FR 72476 // PDF Version
    17 CFR Parts 39, 140, and 190

    Derivatives Clearing Organizations and International Standards
    Effective Date: Tuesday, December 31, 2013

    11/6/2013

    78 FR 66621 // PDF Version
    17 CFR Parts 23 and 190

    Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy
    Effective Date: Monday, January 06, 2014

    10/28/2013

    78 FR 64173 // PDF Version
    17 CFR Part 23

    Swap Dealers and Major Swap Participants; Clerical or Ministerial Employees
    Effective Date: Wednesday, November 27, 2013

    8/22/2013

    78 FR 52286 // PDF Version
    17 CFR Part 50
    Clearing Exemption for Certain Swaps Entered Into by Cooperatives
    Effective Date: Monday, September 23, 2013

    8/22/2013

    78 FR 52308 // PDF Version
    17 CFR Part 4
    Harmonization of Compliance Obligations for Registered Investment Companies Required To Register as Commodity Pool Operators
    Effective Date: Thursday, August 22, 2013

    8/15/2013

    78 FR 49663 // PDF Version
    17 CFR Part 39

    Enhanced Risk Management Standards for Systemically Important Derivatives Clearing Organizations
    Effective Date: Tuesday, October 15, 2013

    7/26/2013

    78 FR 45292 // PDF Version
    17 CFR Chapter I Interpretive Guidance and Policy Statement Regarding Compliance With Certain Swap Regulations
    Effective Date: Friday, July 26, 2013

    7/22/2013

    78 FR 43785 // PDF Version
    17 CFR Chapter I
    Exemptive Order Regarding Compliance With Certain Swap Regulations

    Regarding Rulemaking: Cross-Border Application of Swaps Provisions
    Effective Date: Saturday, July 13, 2013

    6/4/2013

    78 FR 36606 // PDF Version
    17 CFR Parts 37 and 38
    Process for a Designated Contract Market or Swap Execution Facility To Make a Swap Available to Trade, Swap Transaction Compliance and Implementation Schedule, and Trade Execution Requirement Under the Commodity Exchange Act
    Effective Date: Monday, August 05, 2013

    6/4/2013

    78 FR 33476 // PDF Version
    17 CFR Part 37
    Core Principles and Other Requirements for Swap Execution Facilities
    Effective Date: Monday, August 05, 2013

    See Also

    78 FR 47154 // PDF Version
    17 CFR Part 37
    Core Principles and Other Requirements for Swap Execution Facilities; Correction
    Effective Date: Monday, August 05, 2013

    5/31/2013

    78 FR 32866 // PDF Version
    17 CFR Part 43
    Procedures To Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades
    Effective Date: Tuesday, July 30, 2013

    See Also

    78 FR 42436 // PDF Version
    17 CFR Part 43

    Procedures To Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades; Correction

    Effective Date: Tuesday, July 30, 2013 

    5/28/2013

    78 FR 31890 // PDF Version
    Antidisruptive Practices Authority
    Effective Date: Tuesday, May 28, 2013

    4/19/2013

    78 FR 23638 // PDF Version
    Commodity Futures Trading Commission 17 CFR Part 162
    Securities and Exchange Commission 17 CFR Part 248 Identity Theft Red Flags Rules
    Effective Date: Monday, May 20, 2013

    4/16/2013

    78 FR 22418 // PDF Version
    17 CFR Parts 1, 3, 5, 9, 11, 31, 40, 41, 140, 145, 170, 171 and 190
    Reassignment of Commission Staff Responsibilities and Delegations of Authority
    Effective Date: Tuesday, April 16, 2013

    4/11/2013

    78 FR 21522 // PDF Version
    17 CFR Part 140

    Delegation of Authority To Disclose Confidential Information to a Contract Market, Registered Futures Association or Self-Regulatory Organization
    Effective Date: Thursday, April 11, 2013

    4/11/2013

    78 FR 21749 // PDF Version
    17 CFR Part 50

    Clearing Exemption for Swaps Between Certain Affiliated Entities
    Effective Date: Monday, June 10, 2013

    4/8/2013

    78 FR 20788 // PDF Version
    Dual and Multiple Associations of Persons Associated With Swap Dealers, Major Swap Participants and Other Commission Registrants17 CFR Parts 3 and 23

    Effective Date: Friday, June 07, 2013

    4/2/2013

    78 FR 19879 // PDF Version
    Final Order in Response to a Petition From Certain Independent System Operators and Regional Transmission Organizations To Exempt Specified Transactions Authorized by a Tariff or Protocol Approved by the Federal Energy Regulatory Commission or the Public Utility Commission of Texas From Certain Provisions of the Commodity Exchange Act Pursuant to the Authority Provided in the Act
    Effective Date: Tuesday, April 02, 2013

    4/2/2013

    78 FR 19670 // PDF Version
    Order Exempting, Pursuant to Authority of the Commodity Exchange Act, Certain Transactions Between Entities Described in the Federal Power Act, and Other Electric Cooperatives
    Effective Date: Tuesday, April 02, 2013

    1/23/2013

    78 FR 17 // PDF Version
    17 CFR Part 23
    Business Conduct and Documentation Requirements for Swap Dealers and Major Swap Participants; Extension of Compliance Date
    Comment File - Closing Date: 2/1/2013

    1/7/2013

    78 FR 858 // PDF Version
    17 CFR Chapter I
    Final Exemptive Order Regarding Compliance With Certain Swap Regulations

    Effective Date: Friday, December 21, 2012

    12/21/2012

    77 FR 75523 // PDF Version
    17 CFR Part 1

    Adaptation of Regulations To Incorporate Swaps--Records of Transactions
    Effective Date: Tuesday, February 19, 2013

    See Also

    78 FR 21045 // PDF Version
    17 CFR Part 1 Adaptation of Regulations to Incorporate Swaps--Records of Transactions; Correction
    Effective Date: Tuesday, April 09, 2013

    12/13/2012

    77 FR 74284 // PDF Version
    17 CFR Parts 39 and 50
    Clearing Requirement Determination Under Section 2(h) of the CEA
    Effective Date: Monday, February 11, 2013

    11/2/2012

    77 FR 66288 // PDF Version
    17 CFR Parts 1, 4, 5, 7, 8, 15, 16, 18, 21, 22, 36, 38, 41, 140, 145, 155, and 166
    Adaptation of Regulations To Incorporate Swaps
    Effective Date: Wednesday, January 02, 2013

    10/25/2012

    77 FR 65177 // PDF Version
    Swap Data Repositories: Interpretative Statement Regarding the Confidentiality and Indemnification Provisions of the Commodity Exchange Act.
    Effective Date: Thursday, October 25, 2012

    9/11/2012

    77 FR 55904 // PDF Version
    17 CFR Part 23
    Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants

    Regarding Rulemaking: Internal Business Conduct Standards

    Effective Date: Tuesday, November 13, 2012

    See Also

    78 FR 21045 // PDF Version
    17 CFR Part 23 Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants; Correction
    Effective Date: Tuesday, April 09, 2013

    9/5/2012

    77 FR 54355 // PDF Version
    17 CFR Part 4
    Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting From the Dodd-Frank Act

    Regarding Rulemaking: Conforming Amendments

    Effective Date: Monday, November 05, 2012

    8/28/2012

    77 FR 51898 // PDF Version
    17 CFR Part 3
    Registration of Intermediaries

    Regarding Rulemaking: Conforming Amendments

    Effective Date: Monday, October 29, 2012

    8/13/2012

    77 FR 48207 // PDF Version

    Commodity Futures Trading Commission 17 CFR Part 1 Securities and Exchange Commission 17 CFR Parts 230, 240 and 241
    Further Definition of ``Swap,'' ``Security-Based Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps; Security-Based Swap Agreement Recordkeeping

    Regarding Rulemaking: Joint Rules with SEC, such as “Swap” and “Security-Based Swap”

    Effective Date: Friday, October 12, 2012

    7/30/2012

    77 FR 44441 // PDF Version
    17 CFR Part 50
    Swap Transaction Compliance and Implementation Schedule: Clearing Requirement under Section 2(h) of the CEA

    Regarding Rulemaking: Process for Review of Swaps for Mandatory Clearing

    Effective Date: September 28, 2012

    7/19/2012

    77 FR 42559 // PDF Version
    17 CFR Part 39
    End-User Exception to the Clearing Requirement for Swaps

    Regarding Rulemaking: End-user Exception

    Effective Date: September 17, 2012

    6/19/2012

    77 FR 36611 // PDF Version
    17 CFR Parts, 1, 16, and 38

    Core Principles and Other Requirements for Designated Contract Markets

    Regarding Rulemaking:  XII. DCM Core Principle Rulemaking, Interpretation & Guidance

    Effective Date: August 20, 2012

    06/12/2012

    77 FR 35200 // PDF Version
    17 CFR Part 46

    Swap Data Recordkeeping and Reporting Requirements: Pre-Enactment and Transition Swaps
    Effective Date: August 13, 2012

    Regarding Rulemaking: XVII. Data Recording & Reporting Requirements

    07/13/2012

    77 FR 41260 // PDF Version
    17 CFR Chapter I
    Second Amendment to July 14, 2011 Order for Swap Regulation
    Effective Date: Tuesday, July 03, 2012

    5/23/2012

    77 FR 30596 // PDF
    17 CFR Part 240
    Further Definition of ‘‘Swap Dealer,’’ ‘‘Security-Based Swap Dealer,’’ ‘‘Major Swap Participant,’’ ‘‘Major Security-Based Swap Participant’’ and ‘‘Eligible Contract Participant’’
    Regarding Rulemaking: II. Definitions
    Effective Date: July 23, 2012
    Comment File – Closing Date: 7/23/2012

    See Also

    77 FR 39626 // PDF Version
    17 CFR Part 1

    Further Definition of ``Swap Dealer,'' ``Security-Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-Based Swap Participant'' and ``Eligible Contract Participant''; Correction: July 5, 2012

    4/27/2012

    77 FR 25320 // PDF Version

    17 CFR Parts 3, 32, and 33
    Commodity Options
    Regarding Rulemaking: Commodity Options

    Effective Date: Tuesday, June 26, 2012
     

     

    NOTE: The Interim Final Rule portion of this rule closed for comment on June 26, 2012.

    Comment File - Closing Date: 6/26/2012

    4/9/2012

    77 FR 21278 // PDF Version

    17 CFR Parts 1,23,37,38, and 39
    Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management
    Regarding Rulemaking:  VII. DCO Core Principles
    Effective Date: October 1, 2012

    4/3/2012

    77 FR 20128 // PDF Version

    17 CFR Parts 1,3, and 23
    Swap Dealer and Major Swap Participant Recordkeeping, Reporting, and Duties Rules; Futures Commission Merchant and Introducing Broker Conflicts of Interest Rules; and Chief Compliance Officer Rules for Swap Dealers, Major Swap Participants, and Futures Commission Merchants

    Regarding Rulemaking: IV. Internal Business Conduct Standards
    Effective Date: June 4, 2012

    2/24/2012

    77 FR 11252 // PDF Version

    17 CFR Parts 4, 145 and 147
    Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
    Regarding Rulemaking: XXVII. Investment Adviser Reporting
    Effective Date: April 24, 2012

    See Also

    77 FR 17328 // PDF Version
    17 CFR Parts 4, 145, and 147

    Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations; Correction: April 26, 2012

    2/17/2012

    77 FR 9734 // PDF Version

    17 CFR Parts 4 and 23
    Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties
    Regarding Rulemaking: III. Business Conduct Standards w/ Counterparties
    Effective Date: April 17, 2012

    2/7/2012

    77 FR 6336 // PDF Version

    17 CFR Parts 22 and 190
    Protection of Cleared Swaps Customer Contracts and Collateral; Conforming Amendments to the Commodity Broker Bankruptcy Provisions
    Regarding Rulemaking: VI. Segregation & Bankruptcy
    Effective Date: April 9, 2012

    1/19/2012

    77 FR 2613 // PDF Version

    17 CFR Parts 3, 23 and 170
    Registration of Swap Dealers and Major Swap Participants
    Regarding Rulemaking: I. Registration
    Effective Date: March 19, 2012

    See Also

    77 FR 2708 // PDF Version

    Performance of Registration Functions by National Futures Association With Respect to Swap Dealers and Major Swap Participants
    Effective Date: January 19, 2012

    1/13/2012

    77 FR 2136 // PDF Version

    17 CFR Part 45
    Swap Data Recordkeeping and Reporting Requirements
    Regarding Rulemaking: XVII. Data Recordkeeping
    Effective Date: March 13, 2012

    1/9/2012

    77 FR 1182 // PDF Version

    17 CFR Part 43
    Real-Time Public Reporting of Swap Transaction Data
    Regarding Rulemaking: XVIII. Real Time Reporting
    Effective Date: March 9, 2012

    See Also

    77 FR 2909 // PDF Version

    17 CFR Part 43
    Real-Time Public Reporting of Swap Transaction Data; Correction: January, 20, 2012

     

    77 FR 48060 // PDF Version
    17 CFR Part 43
    Real-Time Public Reporting of Swap Transaction Data; Correction: August 13, 2012

    12/23/2011

    76 FR 80674 // PDF Version

    17 CFR Part 48
    Registration of Foreign Boards of Trade
    Regarding Rulemaking: XIV. FBOT Registration
    Effective Date: February 21, 2012

    12/23/2011

    76 FR 80233 // PDF Version

    17 CFR Chapter 1
    Amendment to July 14, 2011 Order for Swap Regulation
    Effective Date: December 23, 2011

    12/19/2011

    76 FR 78776 // PDF Version

    17 CFR Parts 1 and 30
    Investment of Customer Funds and Funds Held in an Account for Foreign Futures and Foreign Options Transactions
    Regarding Rulemaking: XXIX. Alternatives to Credit Ratings
    Effective Date: February 17, 2012

    12/14/2011

    76 FR 77670 // PDF Version

    17 CFR Part 1
    Interim Final Interpretation: Retail Commodity Transactions Under Commodity Exchange Act

    Comment File - Closing Date: 2/13/2012

    See Also

    78 FR 52426 // PDF Version
    17 CFR Part 1
    Retail Commodity Transactions Under Commodity Exchange Act
    Effective Date: Friday, August 23, 2013

    11/18/2011

    76 FR 71626 // PDF Version

    17 CFR Parts 1, 150 and 151
    Position Limits for Futures and Swaps
    Regarding Rulemaking: XXVI. Position Limits
    Effective Date: January 17, 2012


    NOTE:The Interim Final Rule portion of this rule closed for comment on January 17, 2012.
    Comment File

    11/16/2011

    76 FR 71128 // PDF Version

    CFTC 17 CFR Part 4 and SEC 17 CFR Parts 275 and 279
    Reporting by Investment Advisers to Private Funds and Certain Commodity Pool Operators and Commodity Trading Advisors on Form PF
    Regarding Rulemaking: XXVII. Investment Adviser Reporting
    Effective Date: March 31, 2012

    11/8/2011

    76 FR 69334 // PDF Version

    17 CFR Parts 1, 21, 39, and 140
    Derivatives Clearing Organization General Provisions and Core Principles
    Regarding Rulemaking: VII. DCO Core Principles
    Effective Date: January 9, 2012

    9/12/2011

    76 FR 56103 // PDF Version

    17 CFR Part 5
    Retail Foreign Exchange Transactions; Conforming Changes to Existing Regulations in Response to the Dodd-Frank Wall Street Reform and Consumer Protection Act
    Regarding Rulemaking: XX. Foreign Exchange
    Effective Date: September 12, 2011

    9/1/2011

    76 FR 54538 // PDF Version

    17 CFR Part 49
    Swap Data Repositories: Registration Standards, Duties and Core Principles
    Regarding Rulemaking: XVI. Swap Data Repositories Registration
    Effective Date: October 31, 2011

    8/25/2011

    76 FR 53172 // PDF Version

    17 CFR Part 165
    Final Rules for Implementing the Whistleblower Provisions of Section 23 of the Commodity Exchange Act
    Regarding Rulemaking: XXV. Whistleblowers
    Effective Date: October 24, 2011

    8/10/2011

    76 FR 49291 // PDF Version

    17 CFR Part 35
    Agricultural Swaps
    Regarding Rulemaking: XIX. Agricultural Swaps
    Effective Date: December 31, 2011

    7/27/2011

    76 FR 44776 // PDF Version

    17 CFR Part 40
    Provisions Common to Registered Entities
    Regarding Rulemaking: XV. Rule Certification
    Effective Date: September 26, 2011

    See Also

    76 FR 45666 // PDF Version

    Correction: 17 CFR Part 40
    Provisions Common to Registered Entities; Correction

    7/26/2011

    76 FR 44464 // PDF Version

    17 CFR Parts 39 and 140
    Process for Review of Swaps for Mandatory Clearing
    Regarding Rulemaking: VIII. Process for Review of Swaps
    Effective Date: September 26, 2011

    7/25/2011

    76 FR 44262 // PDF Version

    17 CFR Parts 1 and 4
    Removing Any Reference to or Reliance on Credit Ratings in Commission Regulations; Proposing Alternatives to the Use of Credit Ratings
    Regarding Rulemaking: XXIX. Alternatives to Credit Ratings
    Effective Date: September 23, 2011

    7/22/2011

    76 FR 43851 // PDF Version

    17 CFR Parts 15 and 20
    Large Trader Reporting for Physical Commodity Swaps
    Regarding Rulemaking: XXXII. Large Swaps Trader Reporting
    Effective Date: September 20, 2011

    7/22/2011

    76 FR 43874 // PDF Version

    17 CFR Part 160
    Privacy of Consumer Financial Information; Conforming Amendments under Dodd-Frank Act
    Regarding Rulemaking: XXX. FCRA and GLB
    Effective Date: September 20, 2011

    7/22/2011

    76 FR 43879 // PDF Version

    17 CFR Part 162
    Business Affiliate Marketing and Disposal of Consumer Information Rules
    Regarding Rulemaking: XXX. FCRA and GLB
    Effective Date: September 20, 2011

    7/19/2011

    76 FR 42508 // PDF Version

    17 CFR Chapter 1
    Effective Date for Swap Regulation
    Effective Date: July 14, 2011

    7/14/2011

    76 FR 41398 // PDF Version

    17 CFR Part 180
    Prohibition on the Employment, or Attempted Employment, of Manipulative and Deceptive Devices - Prohibition on Price Manipulation
    Regarding Rulemaking: XXIII. Anti-Manipulation
    Effective Date: August 15, 2011

    7/13/2011

    76 FR 41048 // PDF Version

    17 CFR Part 1
    Agricultural Commodity Definition
    Regarding Rulemaking: Agricultural Commodity Definition

    Effective Date: September 12, 2011

    12/17/2010

    75 FR 78892 // PDF Version

    17 CFR Part 44
    Interim Final Rule: Reporting Certain Post-Enactment Swap Transactions
    Regarding Rulemaking: XVII. Data Recordkeeping
    Effective Date: December 17, 2010
    Comment File - Closing Date: 1/18/2011

    10/14/2010

    75 FR 63080 // PDF Version

    17 CFR Part 44
    Interim Final Rule for Reporting Pre-Enactment Swap Transactions
    Regarding Rulemaking: XVI. Swap Data Repositories Registration
    Effective Date: October 14, 2010
    Comment File - Closing Date: 11/15/2010

    9/10/2010

    75 FR 55410 // PDF Version

    17 CFR Parts 1, 3, 4, 5, 10, 140, 145, 147, 160, and 166
    Regulation of Off-Exchange Retail Foreign Exchange Transactions and Intermediaries
    Regarding Rulemaking: XX. Foreign Exchange
    Effective Date: October 18, 2010

    See Also

    75 FR 55310 // PDF Version

    Performance of Registration Functions by National Futures Association With Respect to Retail Foreign Exchange Dealers and Associated Persons
    Regarding Rulemaking: XX. Foreign Exchange
    Effective Date: September 10, 2010

    Other Final Actions

    Publication
    Date

    Other Final Actions

    10/30/2013

    Notice Regarding LEIs that may be used to Comply with CFTC LEI Requirements

    4/09/2013

    Order re: Treatment of Funds Held in Connection with Clearing by ICE Clear Europe Limited of Credit Default Swaps

    1/14/2013

    Order: ICE Clear Credit 4d(f) Portfolio Margining

    9/4/2012

    77 FR 53870 // PDF Version
    Availability of a Legal Entity Identifier Meeting the Requirements of the Regulations of the Commodity Futures Trading Commission and Designation of Provider of Legal Entity Identifiers To Be Used in the Recordkeeping and Swap Data Reporting.

    9/16/2010

    75 FR 56513 // PDF Version

    Orders Regarding the Treatment of Petitions Seeking Grandfather Relief for Exempt Commercial Markets and Exempt Boards of Trade
    Effective Date: September 10, 2010

    9/16/2010

    75 FR 56512 // PDF Version

    Notice Regarding the Treatment of Petitions Seeking Grandfather Relief for Trading Activity Done in Reliance Upon Section 2(h)(1)-(2) of the Commodity Exchange Act
    Effective Date: September 10, 2010

     

     

     

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