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CFTC RIN: 3038-AF15 Publication ID: Spring 2023 
Title: Governance Requirements for Derivatives Clearing Organizations 
Abstract:

The Commodity Futures Trading Commission (Commission) has proposed amendments to certain governance requirements under part 39 of its regulations applicable to derivatives clearing organizations (DCOs). The proposed amendments would require DCOs to establish and consult with one or more risk management committees (RMCs) comprised of clearing members and customers of clearing members on matters that could materially affect the risk profile of the DCO. In addition, the Commission proposes establishing minimum requirements for RMC composition and rotation, and requiring DCOs to establish and enforce fitness standards for RMC members. The Commission also proposes requiring DCOs to maintain written policies and procedures governing the RMC consultation process and the role of RMC members. Finally, the proposed amendments would require DCOs to establish one or more market participant risk advisory working groups (RWGs) that must convene at least quarterly, and adopt written policies and procedures related to the formation and role of the RWG.

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 17 CFR 39   
Legal Authority: 7 U.S.C. 7a-1   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/11/2022  87 FR 49559   
NPRM Comment Period End  10/11/2022 
Final Rule   06/00/2023 
Final Rule Effective  07/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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: No 
Agency Contact:
Eileen A. Donovan
Deputy Director, Division of Clearing and Risk
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5096
Email: edonovan@cftc.gov

Theodore Z. Polley III
Associate Director, Division of Clearing and Risk
Commodity Futures Trading Commission
77 West Jackson Boulevard, Suite 800,
Chicago, IL 60604
Phone:312 596-0551
Email: tpolley@cftc.gov