Release Number 8624-22
CFTC Approves a Proposed Rule and a Proposed Order and Request for Comment
November 10, 2022
Washington, D.C. — Today, the Commodity Futures Trading Commission voted to advance two proposals. The first is a proposed rule on reporting and information requirements for derivatives clearing organizations (DCOs). The second is a proposed order and a request for comment on an application for a capital comparability determination submitted on behalf of nonbank swap dealers subject to regulation by the Mexican Comision Nacional Bancaria y de Valores.
- The Commodity Futures Trading Commission (CFTC or Commission) is proposing to amend certain reporting and information regulations applicable to derivatives clearing organizations (DCOs). These proposed amendments would, among other things, update information requirements associated with commingling customer funds and positions in futures and swaps in the same account, address certain systemsrelated reporting obligations in § 39.18(g) regarding exceptional events, revise certain daily and event-specific reporting requirements in § 39.19(c), and include in an appendix the fields that a DCO is required to provide on a daily basis under existing § 39.19(c)(1). In addition, the Commission is proposing to amend certain delegation provisions in § 140.94.
- Notice of Proposed Order and Request for Comment on an Application for a Capital Comparability Determination Submitted on behalf of Nonbank Swap Dealers subject to Regulation by the Mexican Comision Nacional Bancaria y de Valores: The Commodity Futures Trading Commission is soliciting public comment on a joint request submitted by Morgan Stanley Mexico, Casa de Bolsa, S.A. de C.V., Goldman Sachs Mexico, Casa de Bolsa, S.A. de C.V., and Casa de Bolsa Finamex, S.A. de C.V. requesting that the Commission determine that the capital and financial reporting laws and regulations of Mexico applicable to CFTC-registered swap dealers organized and domiciled in Mexico, and licensed with the Mexican Banking and Securities Commission (Comision Nacional Bancaria y de Valores) as broker-dealers (casa de bolsa), provide a sufficient basis for an affirmative finding of comparability with respect to the Commission’s swap dealer capital and financial reporting requirements adopted under the Commodity Exchange Act. The Commission also is soliciting public comment on a proposed order providing for the conditional availability of substituted compliance in connection with the application.
Both proposals will be available for comment for 60 days post publishing in the Federal Register. Comments may be submitted via the CFTC Comments Portal at: https://comments.cftc.gov.