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| CFTC | RIN: 3038-AE44 | Publication ID: Fall 2018 |
| Title: Indemnification Rulemaking | |
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Abstract:
The FAST Act repealed CEA section 21(d)(2), added to the CEA by Dodd-Frank section 728, which provided that domestic and foreign regulators that are otherwise eligible to, and that do, request data from an SDR (collectively, Regulators) agree to indemnify the SDR and the CFTC for expenses resulting from litigation relating to the information provided. When considered in light of the CFTC’s current regulations addressing Regulators’ access to SDR data, the removal of the indemnification requirement presented a number of issues, primarily related to the scope of Regulators’ access to SDR data, and maintaining the confidentiality of such data consistent with CEA section 8. The Commission addressed these issues in a final rule that, among other things, revise the current approach to Regulators’ access to SDRs’ swap data and sets forth more information regarding the confidentiality agreement that is required by CEA section 21(d). |
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| Agency: Commodity Futures Trading Commission(CFTC) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Independent agency | |
| CFR Citation: 17 CFR 49 | |
| Legal Authority: 7 U.S.C. 12a and 24a | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal |
| Small Entities Affected: Businesses, Organizations | Federalism: No |
| Included in the Regulatory Plan: No | |
| International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
| RIN Data Printed in the FR: Yes | |
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Agency Contact: Daniel J. Bucsa Deputy Director, Division of Market Oversight Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 418-5435 Email: dbucsa@cftc.gov David E. Aron Special Counsel, Division of Market Oversight Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 418-6621 Email: daron@cftc.gov Owen Kopon Special Counsel, Division of Market Oversight Commodity Futures Trading Commission Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 Phone:202 418-5360 Email: okopon@cftc.gov |
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