foreign exchange forward

(iii) For purposes of section 1a(47)(E) of the Commodity Exchange Act and this definition, the term foreign exchange forward has the meaning set forth in section 1a(24) of the Commodity Exchange Act. (iv) For purposes of section 1a(47)(E) of the Commodity Exchange Act and this definition, the term foreign exchange swap has the meaning set forth in section 1a(25) of the Commodity Exchange Act. (v) For purposes of sections 1a(24) and 1a(25) of the Commodity Exchange Act and this definition, the following transactions are not foreign exchange forwards or foreign exchange swaps: (A) A currency swap or a cross-currency swap; (B) A currency option, foreign currency option, foreign exchange option, or foreign exchange rate option; and (C) A non-deliverable forward involving foreign exchange. (4) Insurance. (i) This paragraph is a non-exclusive safe harbor. The terms swap as used in section 1a(47) of the Commodity Exchange Act and security-based swap as used in section 1a(42) of the Commodity Exchange Act do not include an agreement, contract, or transaction that: (A) By its terms or by law, as a condition of performance on the agreement, contract, or transaction:

Source

17 CFR § 1.3


Scoping language

For purposes of section 1a
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