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CFTC RIN: 3038-AF03 Publication ID: Fall 2020 
Title: ●Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants - Compliance Date Extension for Smaller Portfolio Group 
Abstract:

The Commodity Futures Trading Commission (Commission or CFTC) is seeking comment on a proposed amendment to the margin requirements for uncleared swaps for swap dealers (SD) and major swap participants (MSP) for which there is no prudential regulator (the CFTC Margin Rule).  As adopted in January 2016, the CFTC Margin Rule, which mandates the collection and posting of variation margin and initial margin (IM), was to take effect under a phased compliance schedule extending from September 1, 2016, to September 1, 2020.  On April 9, 2020, the Commission published in the Federal Register a final rule extending the September 1, 2020 compliance date by one year to September 1, 2021, for a portion of what was to be the final phase consisting of entities with smaller average daily aggregate notional amounts of swaps and certain other financial products (the Smaller Portfolio Group) to reduce the potential market disruption that could result from a large number of entities coming into the scope of compliance on September 1, 2020 (April 2020 Final Rule).  Subsequently, on May 28, 2020, to mitigate the operational challenges faced by certain entities subject to the CFTC Margin Rule as a result of the coronavirus disease 2019 (COVID-19) pandemic, the Commission adopted an interim final rule (the IFR) extending the September 1, 2020 compliance date for certain entities  by one year (IFR Extension Group) to September 1, 2021.  This rulemaking proposal (Proposal) would further delay the compliance date for the Smaller Portfolio Group from September 1, 2021, to September 1, 2022, to avoid market disruption due to a large number of entities being required to comply by September 1, 2021, under the revised compliance schedule.

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Other Significant 
RIN Status: First time 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 23   
Legal Authority: 7 U.S.C 6(s)e   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/10/2020  85 FR 41463   
NPRM Comment Period End  09/08/2020 
Final Rule  11/00/2020 
Final Rule Effective  12/00/2020 
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:
Thomas J. Smith
Deputy Director, Market Participants Division
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5495
Email: tsmith@cftc.gov

Warren Gorlick
Associate Director, Market Participants Division
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5195
Email: wgorlick@cftc.gov

Carmen Moncada-Terry
Special Counsel, Market Participants Division
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5795
Email: cmoncadaterry@cftc.gov