Extension of No-Action Relief for Swap Execution Facilities from Certain “Block Trade” Requirements in Commission Regulation 43.2

DMO is issuing a no-action letter that extends relief from the requirement that block trades be executed away from a SEF.

The Division of Market Oversight is issuing a no-action letter that extends the relief provided in Letter No. 15-60 by permitting swap execution facilities (“SEFs”) to provide for the use of a non-Order Book trading system or platform to execute block trades for swaps that are intended to be cleared, subject to certain conditions.

The Division agrees that SEFs can facilitate the pre-trade credit checks that are required for FCMs and SEFs to comply with §§1.73 and 37.702(b), respectively. The Division has determined to extend the no-action relief provided in No-Action Letter 14-118.

DMO is providing time-limited relief, subject to specified conditions, to SEFs from the “occurs away” requirement under § 43.2 until December 15, 2015, at 12:00 am EST. The relief will allow SEFs to facilitate the execution of block trades on their non-Order Book trading systems or platforms while they evaluate and address the technology and other pre-execution credit check issues associated with block trading that occurs “away from” the SEFs’ trading system or platform.