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CFTC RIN: 3038-AF39 Publication ID: Fall 2023 
Title: ●DCO Member Property Requirements 

Staff expects to recommend that the Commission propose amendments to part 39 of the Commission’s regulations, in order to require DCOs to hold money, security, or property (funds) belonging to their clearing members separate from the DCO’s funds and in an account clearly labeled as holding funds belonging to clearing members. Staff also expects to recommend the Commission propose to require DCOs to obtain a letter from any custodian of clearing member funds that acknowledges that the funds belong to clearing members and can not be used by the DCO for other purposes.  Staff also expects to recommend additional protections for clearing member funds and to require a DCOs to implement an anti-money laundering (AML) program.

Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 17 CFR 39   
Legal Authority: 7 U.S.C. 7a-1   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Scott Sloan
Special Counsel, Division of Clearing and Risk
Commodity Futures Trading Commission
77 West Jackson Boulevard, Suite 800,
Chicago, IL 60604
Phone:312 596-0708