On March 11, the CFTC announced that swap dealers, major swap participants, and private funds active in the swaps market are required to begin clearing certain index credit default swaps and interest rate swaps that they entered into on or after March 11. The clearing requirement applies to newly executed swaps and changes in the ownership of a swap. CFTC Release.
From December 14 through December 31, 2012, the CFTC released the following no-action letters:
- December 14: Timeline for Swap Dealer Compliance with Large Swap Trader Reporting Rules
- December 14: Annual Reports of Chief Compliance Officers for Swap Dealers
- December 17: Reporting of Unique Swap Identifier by Prime Brokers
- December 17: Compliance with Reporting Obligations by Swap Dealers and Major Swap Participants
- December 18: Japan Securities Clearing Corporation and its Clearing Participants
- December 18: Treatment of Swap Transactions on Natural Gas Exchange for Calculations under the Swap Dealer Definition
- December 18: Obligation of Swap Dealers and Major Swap Participants to provide Pre-Trade Mid-Market Mark for certain Credit Default Swaps and Interest Rate Swaps
- December 19: Reporting Provisions for Swap Dealers and Major Swap Participants for CDS Clearing-Relating Swaps
- December 19: Treatment of Swap Transactions by persons engaging in Floor Trader Activities for purposes of Swap Dealer Definition Calculations
- December 21: Treatment of Swap Transactions arising from Multilateral Portfolio Compression Exercises for purposes of Swap Dealer Definition Calculations
- December 21: Legal Entity Identifiers and Certain Identifying Information
- December 21: Singapore Exchange Derivatives Clearing Limited and its Clearing Members
- December 21: Compo Equity Total Return Swaps
- December 21: Reporting of Certain Non-Reporting Counterparty Information
- December 21: Swap Data Reporting Relief for Swap Dealers
- December 21: Registration Relief for Operators in Investment Pools that invest in Legacy Securitization Vehicles
- December 21: Registration Relief for Certain Commodity Pool Operators, Commodity Trading Advisors or any Principal or Associated Person required to register
- December 21: Registration Relief for Certain Associated Persons required to register as a commission merchant
- December 31: Registration Relief for Certain Introducing Brokers and Commodity Trading Advisors Involved in Swaps Activities
- December 31: Relief for Certain U.S. Banks Wholly Owned by non-U.S. Swap Dealers for purposes of Swap Dealer Definition Calculations
On December 17, 2012, the CFTC approved a final rule to conform CFTC regulations 1.35(a) and 1.31 to recordkeeping requirements for swap dealers and major swap participants under the Dodd-Frank Act. CFTC Release.
On December 18, 2012, the CFTC approved interim final rules for swap dealers and major swap participants which defer compliance with certain business conduct and documentation requirements until either May 1 or July 1, depending on the regulation. Comments must be submitted within 30 days after publication in the Federal Register. CFTC Release.
On December 7, the CFTC issued limited no-action relief to swap dealers and major swap participants from compliance with the prohibition in Regulation 23.22(b) against permitting a person who is subject to a statutory disqualification to effect or be involved in effecting swaps on behalf of the swap dealer or major swap participant. CFTC Release. No-Action Letter.
On December 6, the CFTC issued a no-action letter that provides swap dealers and major swap participants with relief from the requirement to disclose the pre-trade mid-market mark to counterparties in certain foreign exchange transactions under Regulation 23.43. CFTC Release. CFTC No-Action Letter.
On August 27, the CFTC approved final rules to improve the risk management procedures of swap dealers and major swap participants. The final rules will become effective 60 days after publication in the Federal Register. CFTC Release.
On June 29, pursuant to Title VII of the Dodd-Frank Act, the SEC proposed rules to impose business conduct standards on security-based swap dealers and major swap participants. The proposed rule would: (i) require these swap dealers and participants to communicate in a fair and balanced manner and make certain disclosures; and (ii) impose additional requirements for dealings with special entities such as municipalities, pension plans, and endowments. Comments must be submitted by August 29. SEC Release. Proposed Rule.
Under the CFTC proposed rules, asset managers would face capital requirements for swap dealers or major swap participants that are not futures commissions merchants and are not nonbank subsidiaries of U.S. bank holding companies. Please see item above.
On April 27, pursuant to Section 731 of the Dodd-Frank Act, the CFTC proposed rules that would mandate capital requirements for swap dealers and major swap participants that are not subject to prudential regulation by the Fed, OCC, FDIC, FCA, or FHFA. Capital requirements would be adjusted depending on whether a swap dealer or major swap participant is a futures commissions merchant, a nonbank subsidiary of a U.S. bank holding company, or neither of the foregoing. CFTC Fact Sheet.