CFTC Staff Letters
CFTC Staff Letters provides Letters from 2008 and later. For Letters published before 2008 visit the Letters Archive page.
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Letter Type: No-Action Division: DCR, MPD Regulation Parts: 1.3, 1.17, 1.20, 1.32, 1.58, 1.73, 22.2, 30.2, 30.7, 39.13 Tags: Risk Management, Separate Account Treatment Issuance Date: Description: The conditional no-action position with respect to Regulation 39.13(g)(8)(iii) contained in CFTC Letter No. 19-17 is now further extended until July 21, 2025. See also: Request Letter Requester(s): FIA |
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Letter Type: No-Action Division: COM, DMO Regulation Parts: 2(a), 2(a)(1)(C), 30.13 Tags: Foreign Future Issuance Date: Description: Based on the representations presented by KRX to the Division as discussed above, the Division will not recommend that the Commission take enforcement action against KRX with respect to the offer or sale of the Contracts to persons located within the United States while the Commission’s review of KRX’s forthcoming request for certification of the Contracts pursuant to Commission Regulation 30.13 is pending. See also: Request Letter Requester(s): KRX |
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Letter Type: No-Action Division: DMO Regulation Parts: 38.8, 38.10, 38.951, 39.20, 43, 45 Tags: Fully-collateralized, Recordkeeping, Reporting, Swap, Swap Data, Swaps, Event Contract, Part 43, Binary Option, Part 45 Issuance Date: Description: The Divisions will not recommend that the Commission initiate an enforcement action against Kalshi, Klear, or their participants, for failure to comply with Commission regulations 38.8(b), 38.10, 38.951 (only to the extent that regulation 38.951 requires compliance with Part 45 of the CFTC’s regulations), and 39.20(b)(2), as well as the applicable provisions of Parts 43 and 45 of the CFTC’s regulations, or the requirements of the relevant CEA provisions pursuant to which the Relevant Regulations were promulgated, with respect to Kalshi Contracts, subject to certain conditions. See also: Request Letter Requester(s): KEX, KLEAR |
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Letter Type: No-Action Division: DMO, DCR Regulation Parts: 38.8, 38.10, 38.951, 39.20, 43, 45 Tags: Reporting, Swap, Swap Data, 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 KalshiEx and cleared through Klear. See also: Request Letter Requester(s): KEX, KLEAR |
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Letter Type: No-Action Division: DMO Regulation Parts: 17, 18, 20 Tags: Reporting, Ownership and Control, Part 17, Part 18, Part 20 Issuance Date: Description: Extension of Conditional Time-Limited No-Action Position Regarding Filing Certain Ownership and Control Reports (OCR) Required by Parts 17, 18 and 20 of the Commission’s Regulations See also: Request Letter Requester(s): CMC, FIA, ISDA |
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Letter Type: No-Action Division: MPD Regulation Parts: 23, 23 Subpart E, 23.100, 23.101, 23.102, 23.103, 23.104, 23.105, 23.106 Tags: Foreign, SD, Swap Dealer, Capital, Substituted Compliance, Nonbank Issuance Date: Description: Extension of Time-Limited No-Action Position for Certain Foreign Based Nonbank Swap Dealers Domiciled in the European Union and the United Kingdom See also: Request Letter Requester(s): CGS&H LLP |
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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: No-action postion 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 |
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Letter Type: No-Action Division: DMO, MPD Regulation Parts: 2(h)(8), 5h(a)(1), 3.3, 23.150 - 23.161, 23 Subpart F, 23 Subpart I, 23 Subpart J, 37.3 Tags: Brexit Issuance Date: Description: Extension of no-action position in 22-16 issued to ensure the continued availability, following Brexit, of no-action positions under certain existing CFTC comparability determinations and exemption orders originally issued by the CFTC for EU entities, while CFTC staff undertakes an analysis of UK law in order to make appropriate recommendations of comparability or exemption to the CFTC. See also: Request Letter Requester(s): CFTC |
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Letter Type: No-Action Division: DCR Regulation Parts: 22, 39 Tags: Clearing, DCO, Brexit, Cross-border Issuance Date: Description: No-action relief for EU- and UK-based DCOs. This letter replaces CFTC Letter 16-26. See also: Request Letter Requester(s): CFTC |
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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: No-action postion with respect to Part 43 and Part 45 reporting, as well as related sections of Parts 38 and 39, for binary options executed on or pursuant to the rules of ForecastEx and cleared through ForecastEx. See also: Request Letter Requester(s): FCX, FCXDCO |