Joint MPD and DCR interpretative letter addressing the effect of a merger conducted as part of Morgan Stanley’s internal reorganization on the status of certain legacy swaps. Based on the facts and circumstances of the merger as described in the letter, the divisions concluded the swaps at issue retain their legacy swap status under the Commission’s uncleared swap margin and swap clearing requirements.

No-action position on using the definitions of the terms “U.S. person” and “guarantee” in Commission Regulation 23.23 to classify counterparties across the Commission’s cross-border swaps framework and on the continued reliance on the use of prior representations in doing so.

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

Extended no-action relief for the European Stability Mechanism from the swap clearing requirement in Section 2(h)(1) of the Commodity Exchange Act and Commission regulations 50.2 and 50.4.

Revised no-action relief for the European Stability Mechanism from the swap clearing requirement in Section 2(h)(1) of the Commodity Exchange Act and Commission Regulations 50.2 and 50.4.

No-action letter extending the time-limitation contained in an alternative compliance framework available to certain affiliated counterparties pursuant to Commission regulation 50.52(b)(4)(ii)-(iii), extending the time-limitation permitting certain affiliated counterparties located in Australia and Mexico to use the compliance framework under regulation 50.52(b)(4)(ii), and providing analogous relief to certain affiliated counterparties located in Canada, Hong Kong, and Switzerland.

The Division of Clearing and Risk (DCR) will not recommend that the Commission take enforcement action against North American Development Bank (NADB) for failure to comply with the clearing requirement of Section 2(h)(1) of the Commodity Exchange Act as implemented by Commission Regulations 50.2 and 50.4.

The Division of Clearing and Risk (DCR) will not recommend that the Commission take enforcement action against European Stability Mechanism (ESM) for failure to comply with the clearing requirement of Section 2(h)(1) of the Commodity Exchange Act as implemented by Commission Regulations 50.2 and 50.4.

The Division of Clearing and Risk will not recommend that the Commission take enforcement action against Banco Centroamericano de Integración Económica (CABEI) for failure to comply with the clearing requirement of Section 2(h)(1) of the Commodity Exchange Act as implemented by Commission Regulations 50.2 and 50.4.

The Division of Swap Dealer and Intermediary Oversight (DSIO) issued an Advisory on the applicability of Dodd-Frank Transaction-Level Requirements to swaps between non-U.S. swap dealers (whether an affiliate or not of a U.S. person) and non-U.S. persons if the swap is arranged, negotiated, or executed by personnel or agents of the non-U.S. swap dealer located in the U.S.