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CFTC RIN: 3038-AE71 Publication ID: Fall 2018 
Title: ●Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants  
Abstract:

The Commodity Futures Trading Commission ("Commission") is seeking comment on proposed amendments to the margin requirements for uncleared swaps for swap dealers (SD) and major swap participants (MSP) for which there is no prudential regulator (CFTC Margin Rule). The Commission is proposing these amendments in light of the rules recently adopted by the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the QFC Rules) that impose restrictions on certain uncleared swaps and uncleared security-based swaps and other financial contracts. Specifically, the Commission proposes to amend the definition of eligible master netting agreement in the CFTC Margin Rule to ensure that master netting agreements of firms subject to the CFTC Margin Rule are not excluded from the definition of eligible master netting agreement based solely on such agreements’ compliance with the QFC Rules. The Commission also proposes that any legacy uncleared swap (i.e., an uncleared swap entered into before the applicable compliance date of the CFTC Margin Rule) that is not now subject to the margin requirements of the CFTC Margin Rule would not become so subject if it is amended solely to comply with the QFC Rules. These proposed amendments are consistent with proposed amendments that the Board, FDIC, OCC, the Farm Credit Administration (FCA), and the Federal Housing Finance Agency (FHFA and, together with the Board, FDIC, OCC, and FCA, the Prudential Regulators), jointly published in the Federal Register on February 21, 2018.

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Independent agency 
CFR Citation: 17 CFR 23   
Legal Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b-1, 6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/23/2018  83 FR 23842   
NPRM Comment Period End  07/23/2018 
Final Action  10/00/2018 
Final Action Effective  01/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Frank Fisanich
Chief Counsel, Market Participants Division
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5949
Email: ffisanich@cftc.gov

Jacob Chachkin
Special Counsel, Market Participants Division
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5496
Email: jchachkin@cftc.gov