swap

(B)The term “swap” does not include— (i)any contract of sale of a commodity for future delivery (or option on such a contract), leverage contract authorized undersection 23 of this title, security futures product, or agreement, contract, or transaction described insection 2(c)(2)(C)(i) of this titleorsection 2(c)(2)(D)(i) of this title; (ii)any sale of a nonfinancial commodity or security for deferred shipment or delivery, so long as the transaction is intended to be physically settled; (iii)any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities, including any interest therein or based on the value thereof, that is subject to— (I)the Securities Act of 1933 (15 U.S.C. 77aet seq.); and (II)the Securities Exchange Act of 1934 (15 U.S.C. 78aet seq.); (iv)any put, call, straddle, option, or privilege relating to a foreign currency entered into on a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)); (v)any agreement, contract, or transaction providing for the purchase or sale of 1 or more securities on a fixed basis that is subject to— (I)the Securities Act of 1933 (15 U.S.C. 77aet seq.); and (II)the Securities Exchange Act of 1934 (15 U.S.C. 78aet seq.); (vi)any agreement, contract, or transaction providing for the purchase or sale of 1 or more securities on a contingent basis that is subject to the Securities Act of 1933 (15 U.S.C. 77aet seq.) and the Securities Exchange Act of 1934 (15 U.S.C. 78aet seq.), unless the agreement, contract, or transaction predicates the purchase or sale on the occurrence of a bona fide contingency that might reasonably be expected to affect or be affected by the creditworthiness of a party other than a party to the agreement, contract, or transaction; (vii)any note, bond, or evidence of indebtedness that is a security, as defined in section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)); (viii)any agreement, contract, or transaction that is— (I)based on a security; and (II)entered into directly or through an underwriter (as defined in section 2(a)(11) of the Securities Act of 1933 (15 U.S.C. 77b(a)(11)) 5by the issuer of such security for the purposes of raising capital, unless the agreement, contract, or transaction is entered into to manage a risk associated with capital raising; (ix)any agreement, contract, or transaction a counterparty of which is a Federal Reserve bank, the Federal Government, or a Federal agency that is expressly backed by the full faith and credit of the United States; and (x)any security-based swap, other than a security-based swap as described in subparagraph (D). (C)

Source

7 USC § 1a(47)(B)


Scoping language

As used in this chapter
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