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CFTC | RIN: 3038-AE85 | Publication ID: Fall 2020 |
Title: Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants | |
Abstract:
The United Kingdom ("UK") has formally withdrawn from the European Union ("EU") and is in a transition period that ends on December 31, 2020. It is possible that necessary agreements between the UK and EU will not be completed at that time ("No-deal Brexit"). To the extent there is a No-deal Brexit, affected swap dealers ("SDs") and major swap participants ("MSPs") may need to effect legal transfers of uncleared swaps that were entered into before the relevant compliance dates under the CFTC Margin Rule or Prudential Margin Rule and that are not now subject to such rules, in whole or in part. The Commission invites comments on an interim final rule amending its margin requirements for uncleared swaps for SDs and MSPs for which there is no prudential regulator ("CFTC Margin Rule") such that the date used for purposes of determining whether an uncleared swap was entered into prior to an applicable compliance date will not change under the CFTC Margin Rule if the swap is transferred, and thereby amended, in accordance with the terms of the interim final rule in respect of any such transfer, including that the transfer be made solely in connection with a party to the swap’s planning for or response to a No-deal Brexit. The interim final rule is designed to allow an uncleared swap to retain its legacy status under the CFTC Margin Rule or Prudential Margin Rule when so transferred. |
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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: Undetermined |
EO 13771 Designation: Independent agency | |
CFR Citation: 17 CFR 23.161 | |
Legal Authority: 7 U.S.C. 1a 7 U.S.C. 2 7 U.S.C. 6 to 6b-1 7 U.S.C. 6c 7 U.S.C. 6p 7 U.S.C. 6r to 6t 7 U.S.C. 9 to 9a 7 U.S.C. 12 to 12a 7 U.S.C. 13b and 13c 7 U.S.C. 16a 7 U.S.C. 18 and 19 7 U.S.C.21 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
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 |