Rulemaking Areas

CFTC Rulemakings

As a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFTC will write rules to regulate the swaps marketplace. The CFTC has identified 38 areas where rules will be necessary. The public is encouraged to provide input on the rule-writing process. Information regarding each rule-writing area will be published as it becomes available. View CFTC Press Release 5855-10.

Comprehensive Regulation of Swap Dealers & Major Swap Participants:

Registration - Swap Dealers and Major Swap Participants

Further Definition of Swap Dealer, Major Swap Participant, Security-Based Swap Dealer, and Major Security-Based Swap Participant

Business Conduct Standards with Counterparties

Internal Business Conduct Standards

Capital & Margin for Non-banks

Segregation & Bankruptcy for both Cleared and Uncleared Swaps

Clearing:

DCO Margin Timeline

DCOs

Process for Review of Swaps for Mandatory Clearing

Governance & Conflicts of Interest

Systemically Important DCO Rules Authorized Under Title VIII

Exceptions and Exemptions

Clearing Requirement

Portfolio Margining Procedures (See DCOs)

Trading:

DCM Core Principle Rulemaking, Interpretation & Guidance

SEF Registration Requirements and Core Principle Rulemaking, Interpretation & Guidance

New Registration Requirements for Foreign Boards of Trade

Rule Certification & Approval Procedures (applicable to DCMs, DCOs, SEFs)

Process for Designated Contract Market or Swap Execution Facility to make a Swap Available to Trade

Data:

Swap Data Repositories Registration Standards and Core Principle Rulemaking, Interpretation & Guidance

Data Recordkeeping & Reporting Requirements

Real-Time Reporting

Large Swaps Trader Reporting

Particular Products:

Agricultural Swaps

Agricultural Commodity Definition

Commodity Options

Foreign Currency (Retail Off Exchange)

Further Definition of “Swap” and “Security-Based Swap”

Enforcement:

Anti-Manipulation

Disruptive Trading Practices

Whistleblowers

Position Limits:

Position Limits for Derivatives and Aggregation of Positions

Other:

Investment Adviser Reporting

Volcker Rule

Reliance on Credit Ratings

Fair Credit Reporting Act and Gramm-Leach Bliley Act

Conforming Amendments

Cross-Border Application of Swaps Provisions

General Submissions