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CFTC RIN: 3038-AE62 Publication ID: Fall 2019 
Title: Retail Commodity Transactions Involving Virtual Currency 

The Commission issued a proposed interpretation of the term "actual delivery" as set forth in section 2(c)(2)(D)(ii)(III)(aa) of the Commodity Exchange Act pursuant to section 742(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, this proposed interpretation was issued to clarify the meaning of actual delivery within the context of virtual currency. The Commission seeks public comment on the proposed interpretation, including the inclusion of specific questions. After review and consideration of public comments, the Commission will determine whether to take further action and provide a final interpretation.

Agency: Commodity Futures Trading Commission(CFTC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Independent agency 
CFR Citation: 17 CFR 1   
Legal Authority: 7 U.S.C. 2(c)(2)(D)    7 U.S.C. 12a(5)    Pub. L. 111-203   
Legal Deadline:  None
Action Date FR Cite
Proposed Interpretation, Request for Comment  12/20/2017  82 FR 60335   
Proposed Interpretation, Comment Period End   03/20/2018 
Final Action--Interpretation  12/00/2019 
Additional Information: This proposed interpretation is being issued in response to multiple requests for no-action and interpretive relief, as well as requests for rulemaking received by the Commission.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 3038-AD64 
Agency Contact:
Philip Raimondi
Assistant Chief Counsel, Division of Market Oversight
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5717