Release Number 8632-22

CFTC Staff Issues No-Action Letter Regarding Certain Swap Reporting Obligations for Counterparties Clearing Swaps Through DCOs Acting Consistent with Exemptive Orders or No Action Letters

December 02, 2022

—The Commodity Futures Trading Commission’s Division of Market Oversight (DMO) today issued a no-action letter extending the no-action position in CFTC Staff Letter No. 22-05 concerning certain swap reporting requirements of Part 45 of CFTC regulations. The letter applies to counterparties clearing swaps through derivatives clearing organizations (DCOs) operating consistent with a CFTC issued exemptive order or a no-action letter issued by the CFTC’s Division of Clearing and Risk (Relief DCOs).

The letter states that DMO will not recommend the Commission take an enforcement action against the counterparties clearing swaps through Relief DCOs for failure to comply with certain Part 45 reporting obligations until the earlier of: (a) December 2, 2025; (b) the revocation or expiration of the exemptive order or no-action letter issued to the relevant Relief DCO; or (c) Commission action that renders the no-action position inapplicable.