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CFTC grants relief for clearing and reporting of interaffiliate swaps

Baker Botts LLP
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USA
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April 15 2013

The Commodity Futures Trading Commission ("CFTC"), in two separate issuances, has significantly decreased the regulatory burden on entities entering

Onions, motion pictures, and now foreign exchange: Treasury Department exempts foreign exchange swaps and forwards from Dodd-Frank clearing and exchange-trading requirements

Baker Botts LLP
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USA
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December 4 2012

On November 16, 2012, the United States Department of the Treasury (“Treasury”) declared that foreign exchange swaps and foreign exchange forward contracts would not be subject to clearing or exchange-trading requirements by the Commodity Futures Trading Commission (the “CFTC”

Federal court vacates and remands the CFTC’s position-limits rule

Baker Botts LLP
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USA
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October 4 2012

On September 28, 2012, the U.S. District Court for the District of Columbia issued a long-awaited decision vacating and remanding a rule issued by the Commodity Futures Trading Commission (“CFTC”) that would have imposed position limits on derivatives trading linked to 28 futures contracts, including the New York Mercantile Exchange (“NYMEX”) Henry Hub Natural Gas contract, the NYMEX Light Sweet Crude Oil contract, the NYMEX New York Harbor Gasoline Blendstock contract, and the NYMEX New York Harbor No. 2 Heating Oil contract

CFTC proposes clearing exemption for interaffiliate swaps; comments due by September 20, 2012

Baker Botts LLP
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USA
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August 24 2012

On August 21, 2012, the Commodity Futures Trading Commission (CFTC or Commission) published in the Federal Register a proposed rule that would allow counterparties to interaffiliate swaps to elect to exempt such swaps from the DoddFrank clearing requirement under certain conditions (Proposed Rule

CFTC adopts final swap definition, interprets statutory exclusion for physical delivery forwards

Baker Botts LLP
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USA
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July 25 2012

On July 10, 2012, the Commodity Futures Trading Commission (“CFTC” or “Commission”) voted to approve a Final Rule further defining the statutory term “swap” under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”

CFTC publishes final rule governing the end-user exception to the swap clearing requirement

Baker Botts LLP
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USA
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July 17 2012

On July 10, 2012, the Commodity Futures Trading Commission (“CFTC” or “Commission”) adopted regulations governing the “end-user exception” to the requirement under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) that standardized swaps be cleared through a derivatives clearing organization

Proposed guidance for the cross-border application of the Dodd-Frank Act released by the Commodity Futures Trading Commission for public comment

Baker Botts LLP
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USA
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July 6 2012

On June 28, 2012, the Commodity Futures Trading Commission (“CFTC”) approved and released proposed interpretive guidance and a policy statement regarding the application of the swaps provisions of the Dodd-Frank Act to non-U.S. persons engaging in swaps activities with a connection to the United States (“Proposed Guidance”

CFTC issues final regulations on recordkeeping and reporting requirements for pre-enactment and transition swaps under Dodd-Frank

Baker Botts LLP
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USA
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May 25 2012

On May 18, 2012, the Commodity Futures Trading Commission (“CFTC”) adopted final regulations to be codified in 17 C.F.R. Part 46 to implement certain swap data recordkeeping and reporting obligations (“Final Rule”) established by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”

CFTC publishes final definitions for Swap Dealer and Major Swap Participant, substantially raises de minimis threshold for Swap Dealers

Baker Botts LLP
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USA
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May 4 2012

On April 18, 2012, the Commodity Futures Trading Commission (“CFTC”) and Securities Exchange Commission (“SEC”) adopted regulations further defining the terms “Swap Dealer,” “Major Swap Participant,” and “Eligible Contract Participant” (“Final Rule”) under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”

CFTC issues final whistleblower regulations under Dodd-Frank Act

Baker Botts LLP
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USA
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August 26 2011

As we noted in a prior update, Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) provides the Commodity Futures Trading Commission (“CFTC”) with substantial new enforcement powers in the futures, physicals, and swaps markets, in addition to imposing a host of new regulatory requirements on industry participants

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