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No swap dealer or major swap participant entering into a swap to be submitted for clearing with a counterparty that is a customer of a futures commission merchant shall enter into an arrangement that:
(a) Discloses to the futures commission merchant or any swap dealer or major swap participant the identity of a customer's original executing counterparty;
(b) Limits the number of counterparties with whom a customer may enter into a trade;
(c) Restricts the size of the position a customer may take with any individual counterparty, apart from an overall limit for all positions held by the customer with the swap dealer or major swap participant;
(d) Impairs a customer's access to execution of a trade on terms that have a reasonable relationship to the best terms available; or
(e) Prevents compliance with the timeframes set forth in § 1.74(b), § 23.610(b), or § 39.12(b)(7) of this chapter.
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.
§ 1a - Definitions
§ 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce
§ 6 - Regulation of futures trading and foreign transactions
§ 6a - Excessive speculation
§ 6b - Contracts designed to defraud or mislead
§ 6c - Prohibited transactions
§ 6p - Standards and examinations
§ 6r - Reporting and recordkeeping for uncleared swaps
§ 6s - Registration and regulation of swap dealers and major swap participants
§ 6t - Large swap trader reporting
§ 9 - Prohibition regarding manipulation and false information
§ 9a - Assessment of money penalties
§ 12 - Public disclosure
§ 12a - Registration of commodity dealers and associated persons; regulation of registered entities
§ 13b - Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment
§ 13c - Responsibility as principal; minor violations
§ 16a - Service fees and National Futures Association study
§ 18 - Complaints against registered persons
§ 19 - Consideration of costs and benefits and antitrust laws
§ 21 - Registered futures associations
124 Stat. 1376
Title 17 published on 2015-04-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 17 CFR Part 23 after this date.
The Commodity Futures Trading Commission (“Commission” or “CFTC”) proposes to amend a provision of the Commission's regulations in connection with the material terms for which counterparties must resolve discrepancies when engaging in portfolio reconciliation.
On October 3, 2014, the Commission published proposed regulations to implement section 4s(e) of the Commodity Exchange Act, as added by section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). This provision requires the Commission to adopt initial and variation margin requirements for swap dealers (“SDs”) and major swap participants (“MSPs”) that do not have a Prudential Regulator (collectively, “CSEs” or “Covered Swap Entities”). In the October 3, 2014 proposing release, the Commission also issued an Advance Notice of Proposed Rulemaking (“ANPR”) requesting public comment on the cross-border application of such margin requirements. In this release, the Commission is proposing a rule for the application of the Commission's margin requirements to cross-border transactions.