Kevin M. Foley

Kevin M. Foley

Katten Muchin Rosenman LLP

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CFTC Issues Order of Exemption From Registration as a DCO to ASX Clear (Futures) Pty Limited and Requests Public Comment on a...

The Commodity Futures Trading Commission has issued an order of exemption from registration as a derivatives clearing organization (DCO) to ASX Clear (Futures) Pty Limited (ASX). This is the first order that the CFTC has...more

8/26/2015 - CFTC Commodities Exchange Act Derivatives Derivatives Clearing Organizations Exemptions Registration Requirement Swaps

CFTC Proposes Cleared Swap Reporting Amendments

The Commodity Futures Trading Commission has proposed to amend Part 45 of its regulations insofar as they relate to the reporting to a swaps data repository of swaps that are cleared by a derivatives clearing organization...more

8/26/2015 - CFTC Counterparties Derivatives Derivatives Clearing Organizations Major Swap Participants Proposed Amendments Swaps

CFTC Extends Relief for Non-US Swap Dealers From Transaction-Level Requirements

On August 13, the Division of Swap Dealer and Intermediary Oversight, Division of Clearing and Risk, and Division of Market Oversight of the Commodity Futures Trading Commission extended no-action relief from certain...more

8/19/2015 - CFTC Cross-Border Transactions DSIO No-Action Relief Swap Dealers Swaps

HKSFC Issues Circular on Application Process for Exemptive Relief Under CFTC Regulation 30.10

On August 13, the Hong Kong Securities and Futures Commission (HKSFC) issued a circular describing the application procedure for certain licensed corporations to deal directly with customers in the United States pursuant to...more

8/18/2015 - CFTC Future Commission Merchants Hong Kong Hong Kong Securities and Futures Commission (HKSFC) Licensing Rules NFA

CFTC Extends Comment Period on ICE Futures Rule Certification

The Division of Market Oversight of the Commodity Futures Trading Commission, at the request of ICE Futures U.S., has granted a 45-day extension of the public comment period with respect to its proposed amendments to certain...more

8/12/2015 - CFTC Comment Period Commodity Futures Contracts Electricity Energy Sector Proposed Amendments Time Extensions Utilities Sector

CFTC Extends Designation of DTCC-SWIFT as Provider of Legal Entity Identifiers

On July 20, the Commodity Futures Trading Commission issued an order extending the designation of the Depository Trust and Clearing Corporation and Society for Worldwide Interbank Financial Telecommunications joint venture...more

7/29/2015 - CFTC Counterparties DTCC Legal Entity Identifiers

FinCEN Issues Advisory on FATF-Identified Jurisdictions With AML/CFT Deficiencies

On July 20, the Financial Crimes Enforcement Network (FinCEN) issued an advisory announcing that the Financial Action Task Force (FATF) has updated its list of jurisdictions with anti-money laundering and counter-terrorist...more

7/29/2015 - AML/CFT Broker-Dealer FATF FinCEN NFA

CFTC Staff Exempts Certain CTAs From Filing Form CTA-PR

On July 21, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) granted exemptive relief to certain commodity trading advisors (CTAs) from the requirement in CFTC Regulation...more

7/29/2015 - CFTC CTA DSIO Exemptive Relief

CFTC Requests Public Comment on Rule Amendment Certification Filing by Ice Futures

The Commodity Futures Trading Commission is requesting public comment on a certification of proposed rule amendments that were filed by ICE Futures U.S. Inc. Under the amendments, ICE Futures would base position limits...more

7/15/2015 - CFTC Commodities Exchange Act Commodity Futures Contracts Electricity Futures Proposed Amendments Proposed Regulation Public Comment

CFTC Requests Comments on Petition for Exemption from DCO Registration by OTC Clearing Hong Kong Limited

The Commodity Futures Trading Commission is requesting public comment on a petition for exemption from registration as a derivatives clearing organization (DCO) filed by OTC Clearing Hong Kong Limited. Under Section...more

7/15/2015 - CFTC Commodities Exchange Act Derivatives Derivatives Clearing Organizations Exemptions Public Comment Registration Requirement

NFA Revises CPO Form PQR and CTA Form PR

The National Futures Association (NFA) has made enhancements to the CPO Form PQR and CTA Form PR (CPR) effective for the quarter ending June 30. In the PQR, commodity pool operators may no longer list themselves as...more

7/15/2015 - CPOs Form PQR Form PR National Futures Association

FIA Market Technology Division Releases Recommendations to Prepare for Leap Second Event

The Futures Industry Association’s (FIA) Market Technology Division (MTD) published a report of recommendations to prepare the industry for the leap second event on June 30....more

7/1/2015 - Financial Institutions

CFTC’s Division of Market Oversight Issues Updated Guidebook for Part 20 Reports

The Commodity Futures Trading Commission’s Division of Market Oversight has issued an updated Guidebook and Appendices for reports to the CFTC under Part 20 of its regulations, which require large trader reports for certain...more

6/30/2015 - CFTC Futures Swaps

CFTC’s Division of Market Oversight to Hold Public Roundtable Regarding Made Available To Trade Determinations

The Commodity Futures Trading Commission’s Division of Market Oversight will hold a public roundtable on July 15 from 10:00 a.m. to 2:00 p.m. (ET) to discuss the provision of the Commodity Exchange Act that, with an exception...more

6/30/2015 - CEA CFTC Swaps

CFTC Further Extends Valuation Data Reporting Relief for SDs and MSPs

The Commodity Futures Trading Commission’s Division of Market Oversight (DMO) has further extended no-action relief from the valuation data reporting requirements for cleared swaps under CFTC Regulation 45.4(b)(2)(ii)....more

6/23/2015 - CFTC Counterparties DMO Major Swap Participants No-Action Relief Reporting Requirements Swap Dealers Swaps

CFTC Issues Relief From IB and CTA Registration to Foreign Persons Dealing in Swaps for International Financial Institutions

On June 4, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued no-action relief from introducing broker (IB) and commodity trading advisor (CTA) registration to persons...more

6/17/2015 - CFTC CTA DSIO Financial Institutions Foreign Banks Introducing Brokers No-Action Relief Swap Dealers Swaps World Bank

CFTC Requests Public Comment on a Petition from ASX Clear (Futures) Pty Limited for Exemption From Registration as a DCO

The Commodity Futures Trading Commission has requested public comment on a petition by ASX Clear (Futures) Pty Limited for exemption from registration as a derivatives clearing organization (DCO). ...more

6/12/2015 - CFTC Commodities Exchange Act Derivatives Derivatives Clearing Organizations Public Comment Registration

NFA Proposes Amendments to Its Articles of Incorporation

On May 29, the National Futures Association provided notice to its members of the unanimous approval by the NFA Board of Directors (Board) of proposed amendments to NFA’s Articles of Incorporation. Subject to approval by...more

6/9/2015 - Articles of Incorporation Board of Directors CPOs FCMs Major Swap Participants National Futures Association Proposed Amendments Swap Dealers

NFA Proposes to Enhance Risk Management, Capital, Collateral and Disclosure Requirements for FDMs

National Futures Association has proposed amendments to NFA Compliance Rule 2-36 and Financial Requirements Sections 11 and 12 and adoption of the Interpretative Notice entitled NFA Compliance Rule 2-36: Risk Management...more

6/9/2015 - CFTC FCMs Forex National Futures Association Proposed Amendments Risk Management

CFTC Announces Agenda For Upcoming Market Risk Advisory Committee Meeting

The Commodity Futures Trading Commission’s Market Risk Advisory Committee (MRAC) announced its agenda for its upcoming meeting on June 2. MRAC will discuss: (1) the Bank of England’s CBEST Program and its impact on addressing...more

5/28/2015 - Bank of England CFTC Cybersecurity Derivatives Futures Securities

CFTC Proposes to Exempt Certain Southwest Power Pool Transactions

On May 18, the Commodity Futures Trading Commission issued a proposed order in response to an application submitted by Southwest Power Pool, Inc. (SPP) to exempt certain contracts, agreements and transactions for the purchase...more

5/28/2015 - CEA CFTC Commodities Energy Sector Exemptions FERC Market Manipulation Tariffs

NFA Reminds Members to Update Contact Information

National Futures Association (NFA) has issued a notice reminding members to keep current the information contained in NFA’s Online Registration System, including contact information for the member firm and individuals listed...more

5/20/2015 - National Futures Association Registration Requirement

CME Group Combines Block Trade Advisory Notices

CME Group has issued a market regulation advisory notice related to block trades that combines and supersedes similar advisory notices issued by (1) the Chicago Mercantile Exchange and the Chicago Board of Trade and (2) the...more

5/20/2015 - Block Trades CME CME NYMEX

CFTC Requests Public Comment on Nodal Clear’s DCO Application

The Commodity Futures Trading Commission has requested public comment on an application by Nodal Clear, LLC for registration as a derivatives clearing organization. Comments on the application may be submitted by June 8...more

5/19/2015 - CFTC Derivatives Clearing Organizations Public Comment

CFTC Revises Interpretation on Forward Contracts with Embedded Volumetric Optionality

In 2012, the Commodity Futures Trading Commission issued an interpretation that identifies the circumstances in which an agreement, contract or transaction would fall within the forward contract exclusions from the “swap” and...more

5/19/2015 - CFTC Commodities Exchange Act Forward Contracts Major Swap Participants Swap Dealers Swaps

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