17 CFR 38.2 - Exemption. | Title 17 - Commodity and Securities Exchanges | Code of Federal Regulations

§ 38.2 Exemption.

Agreements, contracts, or transactions traded on a designated contract market under Section 5 of the Act, the contract market and the contract market's operator are exempt from all Commission regulations for such activity, except for the requirements of this part 38 and §§ 1.3, 1.12(e), 1.31, 1.37(c)-(d), 1.38, 1.52, 1.59(d), 1.60, 1.63(c), 1.67, 33.10, part 9, parts 15 through 21, part 40, part 41 and part 190 of this chapter, including any related definitions and cross-referenced sections.

[71 FR 1964, Jan. 12, 2006]

Title 17 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 17.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-06-04; vol. 78 # 107 - Tuesday, June 4, 2013

78 FR 33606 - Process for a Designated Contract Market or Swap Execution Facility To Make a Swap Available to Trade, Swap Transaction Compliance and Implementation Schedule, and Trade Execution Requirement Under the Commodity Exchange Act

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-12250
RIN	3038-AD18

COMMODITY FUTURES TRADING COMMISSION

Final rule.

The rules will become effective August 5, 2013.

17 CFR Parts 37 and 38

Summary

The Commodity Futures Trading Commission (“Commission”) is adopting regulations that establish a process for a designated contract market (“DCM”) or swap execution facility (“SEF”) to make a swap subject to the trade execution requirement pursuant to the Commodity Exchange Act (“CEA”). The Commission is also adopting regulations to establish a schedule to phase in compliance with the trade execution requirement. The schedule will provide additional time for compliance with this requirement.

2013-06-03; vol. 78 # 106 - Monday, June 3, 2013

78 FR 32988 - Core Principles and Other Requirements for Designated Contract Markets; Correction

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-13045
RIN	3038-AD09

COMMODITY FUTURES TRADING COMMISSION

Final rule; correction.

This correction is effective May 29, 2013.

17 CFR Part 38

Summary

This document corrects the Federal Register release of the final rule regarding Core Principles and Other Requirements for Designated Contract Markets by inserting a missing instruction to add Appendix C to 17 CFR part 38. This is a correction to the Federal Register only, which does not affect the text of Appendix C as published in the final rule.

2012-11-02; vol. 77 # 213 - Friday, November 2, 2012

77 FR 66288 - Adaptation of Regulations To Incorporate Swaps

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25764
RIN	3038-AD53

COMMODITY FUTURES TRADING COMMISSION

Final rules.

Effective January 2, 2013.

17 CFR Parts 1, 4, 5, 7, 8, 15, 16, 18, 21, 22, 36, 38, 41, 140, 145, 155, and 166

Summary

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “DFA”) established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act (“CEA” or “Act”), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission (“CFTC” or “Commission”) to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act.

2012-06-25; vol. 77 # 122 - Monday, June 25, 2012

77 FR 37803 - Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management; Core Principles and Other Requirements for Designated Contract Markets; Correction

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-14655
RIN	3038-0092

COMMODITY FUTURES TRADING COMMISSION

Final rule; Correction.

The corrections to FR Doc. 2012-7477 are effective October 1, 2012. The corrections to FR Doc. 2012-12746 are effective August 20, 2012.

17 CFR Part 38

Summary

This document corrects incorrect text published in the Federal Register of April 9, 2012, and June 19, 2012, regarding Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management, and Core Principles and Other Requirements for Designated Contract Markets.

2012-06-19; vol. 77 # 118 - Tuesday, June 19, 2012

77 FR 36612 - Core Principles and Other Requirements for Designated Contract Markets

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-12746
RIN	3038-AD09

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective date: The rules will become effective August 20, 2012. Compliance date: The compliance date for contract markets that have obtained designation on, or prior to, the date of publication of this release: Designated contract markets must comply with the rules adopted in this release (except § 38.151(a)) by October 17, 2012; and must comply with § 38.151(a) in accordance with the timeline described in SUPPLEMENTARY INFORMATION.

17 CFR Parts 1, 16, and 38

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting new and amended rules, guidance, and acceptable practices to implement certain statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The final rules, guidance and acceptable practices, which apply to the designation and operation of contract markets, implement the Dodd-Frank Act's new statutory framework that, among other things, amends section 5 of the Commodity Exchange Act (“the Act” or “CEA”) concerning designation and operation of contract markets, and adds a new CEA section 2(h)(8) to mandate the listing, trading and execution of certain swaps on designated contract markets (“DCMs”).

2012-04-09; vol. 77 # 68 - Monday, April 9, 2012

77 FR 21278 - Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7477
RIN	3038-0092

COMMODITY FUTURES TRADING COMMISSION

Final rule.

This rule will become effective October 1, 2012.

17 CFR Parts 1, 23, 37, 38, and 39

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These rules address: The documentation between a customer and a futures commission merchant that clears on behalf of the customer; the timing of acceptance or rejection of trades for clearing by derivatives clearing organizations and clearing members; and the risk management procedures of futures commission merchants, swap dealers, and major swap participants that are clearing members. The rules are designed to increase customer access to clearing, to facilitate the timely processing of trades, and to strengthen risk management at the clearing member level.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 7 - AGRICULTURE

§ 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

§ 5 - Findings and purpose

§ 6 - Regulation of futures trading and foreign transactions

§ 6c - Prohibited transactions

§ 7 - Designation of boards of trade as contract markets

7 USC § 7a–2 - Common provisions applicable to registered entities

§ 12a - Registration of commodity dealers and associated persons; regulation of registered entities

Statutes at Large

114 Stat. 2763A-365

Title 17 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 17 CFR 38 after this date.

2013-06-04; vol. 78 # 107 - Tuesday, June 4, 2013

78 FR 33606 - Process for a Designated Contract Market or Swap Execution Facility To Make a Swap Available to Trade, Swap Transaction Compliance and Implementation Schedule, and Trade Execution Requirement Under the Commodity Exchange Act

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-12250
RIN	3038-AD18

COMMODITY FUTURES TRADING COMMISSION

Final rule.

The rules will become effective August 5, 2013.

17 CFR Parts 37 and 38

Summary

The Commodity Futures Trading Commission (“Commission”) is adopting regulations that establish a process for a designated contract market (“DCM”) or swap execution facility (“SEF”) to make a swap subject to the trade execution requirement pursuant to the Commodity Exchange Act (“CEA”). The Commission is also adopting regulations to establish a schedule to phase in compliance with the trade execution requirement. The schedule will provide additional time for compliance with this requirement.

2013-06-03; vol. 78 # 106 - Monday, June 3, 2013

78 FR 32988 - Core Principles and Other Requirements for Designated Contract Markets; Correction

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-13045
RIN	3038-AD09

COMMODITY FUTURES TRADING COMMISSION

Final rule; correction.

This correction is effective May 29, 2013.

17 CFR Part 38

Summary

This document corrects the Federal Register release of the final rule regarding Core Principles and Other Requirements for Designated Contract Markets by inserting a missing instruction to add Appendix C to 17 CFR part 38. This is a correction to the Federal Register only, which does not affect the text of Appendix C as published in the final rule.

2012-11-02; vol. 77 # 213 - Friday, November 2, 2012

77 FR 66288 - Adaptation of Regulations To Incorporate Swaps

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25764
RIN	3038-AD53

COMMODITY FUTURES TRADING COMMISSION

Final rules.

Effective January 2, 2013.

17 CFR Parts 1, 4, 5, 7, 8, 15, 16, 18, 21, 22, 36, 38, 41, 140, 145, 155, and 166

Summary

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “DFA”) established a comprehensive new statutory framework for swaps and security-based swaps. The Dodd-Frank Act repeals some sections of the Commodity Exchange Act (“CEA” or “Act”), amends others, and adds a number of new provisions. The DFA also requires the Commodity Futures Trading Commission (“CFTC” or “Commission”) to promulgate a number of rules to implement the new framework. The Commission has proposed and finalized numerous rules to satisfy its obligations under the DFA. This rulemaking makes a number of conforming amendments to integrate the CFTC's regulations more fully with the new framework created by the Dodd-Frank Act.

2012-06-25; vol. 77 # 122 - Monday, June 25, 2012

77 FR 37803 - Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management; Core Principles and Other Requirements for Designated Contract Markets; Correction

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-14655
RIN	3038-0092

COMMODITY FUTURES TRADING COMMISSION

Final rule; Correction.

The corrections to FR Doc. 2012-7477 are effective October 1, 2012. The corrections to FR Doc. 2012-12746 are effective August 20, 2012.

17 CFR Part 38

Summary

This document corrects incorrect text published in the Federal Register of April 9, 2012, and June 19, 2012, regarding Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management, and Core Principles and Other Requirements for Designated Contract Markets.

2012-06-19; vol. 77 # 118 - Tuesday, June 19, 2012

77 FR 36612 - Core Principles and Other Requirements for Designated Contract Markets

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-12746
RIN	3038-AD09

COMMODITY FUTURES TRADING COMMISSION

Final rule.

Effective date: The rules will become effective August 20, 2012. Compliance date: The compliance date for contract markets that have obtained designation on, or prior to, the date of publication of this release: Designated contract markets must comply with the rules adopted in this release (except § 38.151(a)) by October 17, 2012; and must comply with § 38.151(a) in accordance with the timeline described in SUPPLEMENTARY INFORMATION.

17 CFR Parts 1, 16, and 38

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting new and amended rules, guidance, and acceptable practices to implement certain statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The final rules, guidance and acceptable practices, which apply to the designation and operation of contract markets, implement the Dodd-Frank Act's new statutory framework that, among other things, amends section 5 of the Commodity Exchange Act (“the Act” or “CEA”) concerning designation and operation of contract markets, and adds a new CEA section 2(h)(8) to mandate the listing, trading and execution of certain swaps on designated contract markets (“DCMs”).

2012-04-09; vol. 77 # 68 - Monday, April 9, 2012

77 FR 21278 - Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-7477
RIN	3038-0092

COMMODITY FUTURES TRADING COMMISSION

Final rule.

This rule will become effective October 1, 2012.

17 CFR Parts 1, 23, 37, 38, and 39

Summary

The Commodity Futures Trading Commission (“Commission” or “CFTC”) is adopting rules to implement new statutory provisions enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. These rules address: The documentation between a customer and a futures commission merchant that clears on behalf of the customer; the timing of acceptance or rejection of trades for clearing by derivatives clearing organizations and clearing members; and the risk management procedures of futures commission merchants, swap dealers, and major swap participants that are clearing members. The rules are designed to increase customer access to clearing, to facilitate the timely processing of trades, and to strengthen risk management at the clearing member level.

17 CFR 38.2 - Exemption.

CFR Toolbox

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