CFTC Dodd-Frank Update

Final Rules & Guidance

• Agricultural Commodity Definition
• Agricultural Swaps
• Anti-Manipulation
• Business Affiliate Marketing and Disposal of Consumer Information
• Client Clearing Documentation, Straight Through Processing, Clearing Member Risk Management
• Commodity Options
• Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
• Derivatives Clearing Organization - General Provisions and Core Principles
• Designated Contract Markets – Core Principles
• End-User Exception
• External Business Conduct Standards
• Foreign Boards of Trade – Registration
• Implementation Phasing for Clearing
• Internal Business Conduct Standards (Risk Management, Recordkeeping, & CCOs)
• Investment Advisor Reporting on Form PF (Jt. with SEC)
• Investment of Customer Funds (Regulation 1.25)
• Large Trader Reporting for Physical Commodity Swaps
• Position Limits for Futures and Swaps
• Privacy of Consumer Financial Information
• Process for Review of Swaps for Mandatory Clearing
• Process for Rule Certifications for Registered Entities (Part 40)
• Real-Time Reporting for Swaps
• Removal of References to or Reliance on Credit Ratings
• Reporting Certain Post-Enactment Swap Transactions (IFR)
• Reporting of Historical Swaps
• Reporting Pre-Enactment Swap Transactions (IFR)
• Retail Commodity Transactions – Interpretive Guidance on “Actual Delivery”
• Retail Foreign Exchange Intermediaries – Regulations & Registration
• Retail Foreign Exchange Transactions – Conforming Amendments
• Segregation for Cleared Swaps
• Swap, Security-Based Swap, Security-Based Swap Agreement -- Further Definitions (Jt. with SEC)
• Swap Data Recordkeeping and Reporting Requirements
• Swap Data Repositories – Core Principles, Duties & Registration
• Swap Dealers and Major Swap Participants – Registration
• Swap Dealers, Major Swap Participants, and Eligible Contract Participants - Further Definitions (Jt. with SEC)
• Whistleblowers

Proposed Rules & Guidance

• Block Rule
• Capital for Swap Dealers & Major Swap Participants
• Clearing Exemption for Cooperatives
• Clearing Requirement Determinations
• Conforming Rules
• Cross-Border Application
• DCMs – Core Principle 9
• Disruptive Trade Practices
• Governance and Conflict of Interest (DCM, DCO, & SEF)
• Identify Theft (Jt. with SEC)
• Internal Business Conduct (Documentation, Confirmation, & Portfolio Reconciliation)
• Margin for Uncleared Swaps
• Segregation for Uncleared Swaps
• Swap Data Repository Indemnification Interpretation
• Swap Execution Facilities – Core Principles, Registration, and Process for “Made Available to Trade” Determinations
• Systemically Important Clearing Organizations – Additional Provisions
• Volcker Rule

Yet to be Proposed Rules & Guidance

• Inter-Affiliate Clearing for Financial Entities
• RTO/ISO Exemptive Relief
• 201(f) Exemptive Relief
• Stress Testing under Section 165

Final Orders

• Delegation to National Futures Association (NFA) – Certain exemptions for Commodity Pool Operators
• Delegation to NFA - Foreign Exchange Intermediary Registration function
• Delegation to NFA - Swap Dealer & MSP Registration function
• Exemptive orders – Effective Date for Swaps Regulation
• Treatment of Grandfather Relief Petitions - Exempt Boards of Trade & Exempt Commercial Markets
• Treatment of Grandfather Relief Petitions – Transactions done in Reliance on 2(h)

Studies & Reports

• Feasibility of Requiring Use of Standardized Algorithmic Descriptions for Financial Derivatives (Jt. with SEC)
• International Swap Regulation (Jt. with SEC)
• Risk Management Supervision of Designated Clearing Entities (Jt. With Board of Governors of the Federal Reserve System and the SEC)
• Study on Oversight of Carbon Markets (Jt. with various other Agencies)

Last Updated: July 25, 2012