CFTC Staff Letters

CFTC Staff Letters provides Letters from 2008 and later. For Letters published before 2008 visit the Letters Archive page.

PDF Description
PDF Image 25-45 Letter Type: No-Action
Division: DMO, DCR
Regulation Parts: 38.8, 38.10, 38.951, 39.20, 43, 45
Tags: Reporting, Swap, Swap Data, Swaps, Event Contract, Part 43, Binary Option, Part 45
Issuance Date:
Description: Modification of no-action position with respect to Part 43 and 45 reporting, as well as related sections of Parts 38 and 39, for binary options executed on or pursuant to the rules of MIAXdx and cleared through MIAXdx.
See also: Request Letter
Requester(s): LEDGERX
PDF Image 25-44 Letter Type: No-Action
Division: DMO
Regulation Parts: 38.8, 38.10, 38.951, 39.20, 43, 45
Tags: Swap, Swap Data, Swaps, Event Contract, Part 43, Part 45
Issuance Date:
Description:

No-action position with respect to Part 43 and 45 reporting, as well as related sections of Parts 38 and 39, for binary options and variable payout contracts executed on or pursuant to the rules of Gemini Titan LLC and cleared through QC Clearing LLC.


See also: Request Letter
Requester(s): GEM, QCCLEAR
PDF Image 25-43 Letter Type: No-Action
Division: DMO
Regulation Parts: 43, 43.3, 45, 45.14
Tags: Real-Time, Reporting, Swap Data, Part 43, Part 45
Issuance Date:
Description: The Division of Market Oversight (“DMO”) of the Commodity Futures Trading Commission (“CFTC” or “Commission”) is issuing this letter in response to a request (the “Request”) from the International Swaps and Derivatives Association (“ISDA”) pursuant to Commission regulation 140.99. ISDA requests the Division issue a letter providing a no-action position with respect to certain requirements in Commission regulations 43.3(e) and 45.14(a), which generally require reporting counterparties to correct errors in swap transaction and pricing data and swap data submitted to swap data repositories (“SDRs”).
See also: Request Letter
Requester(s): ISDA
PDF Image 25-42 Letter Type: No-Action
Division: DMO, DCR, MPD
Regulation Parts: 2(a), 2(h), 2(h)(1), 2(h)(8), 23, 23.160, 43, 45, 46, 50
Tags: Margin, Swap, Swap Dealer, External Business Conduct, Uncleared Swaps, Business Conduct Standards, Documentation, Cross-border
Issuance Date:
Description: No-action position on using the definitions of the terms “U.S. person” and “guarantee” in Commission Regulation 23.23 to classify counterparties across the Commission’s cross-border swaps framework and on the continued reliance on the use of prior representations in doing so.
See also: Request Letter
Requester(s): IIB, ISDA, SIFMA
PDF Image 25-41 Letter Type: Advisories
Division: MPD
Regulation Parts: 4d, 4d(f)
Tags: FCM, Customer Funds
Issuance Date:
Description: Withdrawal of CFTC Staff Advisory 20-34 on Accepting Virtual Currencies from Customers into Segregation.
See also: Request Letter
Requester(s): CFM
PDF Image 25-40 Letter Type: No-Action
Division: MPD
Regulation Parts: 1.17, 1.20, 1.23, 1.32, 22.2, 22.17, 30.7
Tags: Collateral, FCM, Customer Funds
Issuance Date:
Description: Staff No-Action Position with respect to FCMs that accept certain non-securities digital assets as margin collateral and (a) take into account the value of such digital assets for purposes of certain regulatory requirements, subject to conditions or (b) deposit payment stablecoins as residual interest, subject to conditions.
See also: Request Letter
Requester(s): CFM
PDF Image 25-39 Letter Type: Advisories
Division: MPD, DCR, DMO
Regulation Parts: 1, 1.11, 23.156, 23.600, 39, 39.13
Tags: Collateral, Margin, Risk Management, Digital Assets
Issuance Date:
Description: The Market Participants Division (“MPD”), Division of Market Oversight (“DMO”), and Division of Clearing and Risk (“DCR” and, together with MPD and DMO, the “Divisions”) of the Commodity Futures Trading Commission are issuing this guidance to provide the Divisions’ views on the use of tokenized assets as collateral in the trading of futures and swaps.
Requester(s): CFTC
PDF Image 25-38 Letter Type: Interpretative
Division: MPD
Regulation Parts: 30.7
Tags: FCM, Foreign Broker, Foreign Boards of Trade, Foreign Clearing Organization
Issuance Date:
Description: Staff Interpretation Regarding FCM Deposits of Securities with Foreign Brokers and Foreign Clearing Organizations to Margin Customer Positions Entered into on, or Subject to the Rules of, a Foreign Board of Trade.
See also: Request Letter
Requester(s): FIA
PDF Image 25-37 Letter Type: No-Action
Division: MPD
Regulation Parts: 4m(1), 4.13
Tags: Commodity Pool, CPO, Exemption
Issuance Date:
Description: The Commodity Futures Trading Commission’s Market Participants Division today announced it has issued a no-action letter to the Structured Finance Association, in the context of qualifying credit risk transfer (CRT) transactions engaged in by their member financial institutions and certain commodity pool operator (CPO) requirements.
See also: Request Letter
PDF Image 25-36 Letter Type: Advisories
Division: DMO, DCR, MPD
Regulation Parts: 1, 1.55, 38, 39, 39.21
Tags: DCM, DCO, FCM, IB
Issuance Date:
Description:

Advisory on certain contract market contracts and certain related regulatory obligations.


Requester(s): CFTC