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 20-42 Letter Type: No-Action
Division: DCR, MPD
Regulation Parts: 2(h), 2(h)(1), 23.150 - 23.161, 50 Subpart A, 50.4
Tags: Clearing Requirement, Margin, Brexit, Legacy Swaps
Issuance Date:
Description:

No-action letter permitting market participants to transfer certain swaps to an affiliate without such swaps becoming subject to the Commission’s swap clearing requirement or uncleared swap margin requirements in relation to the end of Brexit transition period


PDF Image 20-40 Letter Type: No-Action
Division: MPD
Regulation Parts: 4d, 4m, 23 Subpart I, 23.502
Tags: Brexit
Issuance Date:
Description:

This MPD staff letter ensures that existing regulatory relief provided by DSIO pursuant to letters 12-70 and 13-45 affecting EU entities continues to be available for UK entities following the completion of Brexit.


PDF Image 20-39 Letter Type: No-Action
Division: DMO, MPD
Regulation Parts: 2(h)(8), 5h(a)(1), 23 Subpart F, 23 Subpart I, 23 Subpart J, 37.3
Tags: Brexit
Issuance Date:
Description:

Extension of no-action relief 19-08 granted to ensure the continued availability, following completion of Brexit, of regulatory relief under certain existing CFTC comparability determinations and exemption orders originally issued by the CFTC for EU entities.


PDF Image 20-34 Letter Type: Advisories
Division: DSIO
Regulation Parts: 4d, 4d(f), 1.11, 1.20, 1.32, 1.55, 22.2, 22.5
Tags: FCM, Segregation, Virtual Currency
Issuance Date:
Description:

DSIO advisory to FCMs regarding accepting and holding customer virtual currency assets in segregation and guidance on practices to consider in developing and maintaining their risk management programs when holding such assets as customer funds.


PDF Image 20-27 Letter Type: No-Action
Division: DSIO
Regulation Parts: 1.17
Tags: FCM, Minimum financial requirements
Issuance Date:
Description:

Staff no-action position regarding the treatment of a deferred tax liability under Regulation 1.17 which is directly related to intangible assets booked as a result of an acquisition.


PDF Image 20-26 Letter Type: No-Action
Division: DMO, DSIO
Regulation Parts: 5(d)(4), 5(d)(10), 1, 5, 23, 37
Tags: FCM, IB, SD, SEF, Swap Dealer, Floor broker, RFED, COVID-19
Issuance Date:
Description:

This no-action letter extends until January 15, 2021, the relief previously provided by CFTC Staff Letter 20-19, which, in turn, extended the time period for certain no-action relief provided in CFTC Staff Letters 20-02, 20-03, 20-04, 20-05, 20-06, 20-07, and 20-09, each issued on March 17, 2020 (the ""COVID-19 Letters"").


PDF Image 20-23 Letter Type: No-Action
Division: DSIO
Regulation Parts: 1.3, 23.150, 23.151, 23.152, 23.153, 23.154, 23.155, 23.156, 23.157, 23.158, 23.159, 23.400, 23.401, 23.402, 23.410, 23.430, 23.431, 23.432, 23.433, 23.434, 23.440, 23.450, 23.451, 23.501, 23.502, 23.504, 23.505, 23.701
Tags: De Minimis, Margin, Swap Dealer, Uncleared Swaps, LIBOR, IBOR, Business Conduct Standards, Confirmation, Swap Trading Relationship Documentation
Issuance Date:
Description:

DSIO is providing relief to swap dealers from registration de minimis requirements, uncleared swap margin rules, business conduct requirements, confirmation, documentation, and reconciliation requirements, and certain other eligibility requirements. This relief is to help facilitate the orderly transition from swaps that reference the London Interbank Offered Rate (LIBOR) and other interbank offered rates to swaps that reference alternative benchmarks.


PDF Image 20-21 Letter Type: No-Action
Division: DSIO
Regulation Parts: 2(h)(8), 23.205, 23.505, 23.506, 23.610, 37, 38, 43, 50
Tags: Swap Dealer, ANE, Cross-border
Issuance Date:
Description:

Withdrawal of staff advisory and no-action relief: transaction-level requirements for non-U.S. swap dealers


PDF Image 20-20 Letter Type: No-Action
Division: DSIO
Regulation Parts: 3.10, 3.12
Tags: Registration, COVID-19, Associated Persons, Fingerprinting
Issuance Date:
Description:

Time Extension for No-Action Relief previously granted in response to the COVID-19 pandemic for persons required to submit fingerprints in connection with applying for registration as an associated person or to be listed as a principal of a registrant.


PDF Image 20-19 Letter Type: No-Action
Division: DMO, DSIO
Regulation Parts:
Tags:
Issuance Date:
Description:

This letter extends the time period of certain no-action relief provided in CFTC Staff Letters Nos. 20-02, 20-03, 20-04, 20-05, 20-06, 20-07, and 20-09, each issued on March 17, 2020 (the “COVID-19 Letters”) until September 30, 2020.