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CFTC RIN: 3038-AF34 Publication ID: Fall 2023 
Title: Confirmation Requirements for SEFs 

Since 2014, Commission staff has provided swap execution facilities (SEFs) with a no-action position from Commission Regulation 37.6(b) to allow SEFs to incorporate by reference terms from previously-negotiated agreements between the counterparties into trade confirmations without requiring the SEFs to hold copies of the previously-negotiated agreements. The Commission has proposed amendments to the confirmation requirements in order to eliminate the need for a staff no-action position, as currently set out in staff letter 17-17.

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: Undetermined  Unfunded Mandates: No 
CFR Citation: 17 CFR 37.6(b)   
Legal Authority: 7 U.S.C. 12(a)(5)    7 U.S.C. 7b-3   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/25/2023  88 FR 58145   
NPRM Comment Period End  10/24/2023 
Final Rule  04/00/2024 
Final Rule Effective  05/00/2024 
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:
Roger Smith
Associate Chief Counsel, Division of Market Oversight
Commodity Futures Trading Commission
77 West Jackson Boulevard, Suite 800,
Chicago, IL 60604
Phone:202 418-5344