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CFTC Releases New Blueprint for Enforcement: Higher Penalties, Monitors, Admissions

The Division of Enforcement of the US Commodity Futures Trading Commission (CFTC or Commission) published on October 17, 2023 an advisory to assist its staff in recommending future enforcement resolutions to the Commission...more

Impact of Proposed Amendments to CFTC Regulation 4.7 on CPOs and CTAs

The US Commodities Futures Trading Commission (CFTC) recently proposed new rules that, among other actions, update the definition of a “qualified eligible person,” add minimum disclosure requirements for certain pools and...more

Register with the CFTC or Leave the US Market—or Risk Enforcement

The US Commodity Futures Trading Commission (CFTC) recently settled enforcement actions against operators of three decentralized finance (DeFi) protocols (i.e., collections of smart contracts on blockchains that offer...more

Bipartisan Proposal Attempts to Provide Solutions for Comprehensive Regulation of Digital Assets

On June 7, 2022, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced the Responsible Financial Innovation Act (RFIA), a bipartisan effort to develop and provide greater regulatory clarity to the eclectic...more

President’s Working Group Report: Stablecoin Issuers Should Be Banks; Status as Securities or Commodities Still Unclear

US President Joe Biden’s Working Group on Financial Markets (PWG), along with the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC), released a report on the risks and...more

Want to Hedge Your Bets? CFTC Requests Public Comment on RSBIX NFL Event Contracts

The US Commodity Futures Trading Commission has initiated a review of three RSBIX NFL binary options sports event contracts proposed to be listed by Eris Exchange, LLC and opened a 30-day public comment period that ends on...more

CFTC Amends Real-Time Swap Public Reporting Requirements

The Commodity Futures Trading Commission (CFTC) has unanimously approved amendments to the real-time swap reporting rules in Part 43 of the CFTC’s regulations by, among other things, clarifying the applicability of the rules...more

CFTC Streamlines Form CPO-PQR

The US Commodity Futures Trading Commission (CFTC or Commission) unanimously approved amendments to Form CPO-PQR on October 6 that will streamline the form beginning with the March 31, 2021 reporting period. Here is how the...more

CFTC Subcommittee Issues ‘First of Its Kind’ Climate Risk Report

A recent report from the US Commodity Futures Trading Commission encourages financial regulators to consider the risks climate change poses to the US financial system and includes recommendations for addressing these risks....more

Final CFTC Rules Prohibit Post–Trade Name Give-Up for Swaps

The US Commodity Futures Trading Commission adopted final rules on June 25 prohibiting post–trade name give-up for anonymously executed and intended-to-be-cleared swaps effected on swap execution facilities....more

Farewell Reg AT, Hello Electronic Trading Principles

The US Commodity Futures Trading Commission (CFTC) on June 25 withdrew from consideration Regulation Automated Trading (Reg AT), along with its comprehensive registration and “AT Person” designation regime, and instead...more

CFTC Adopts Statutory Disqualification Requirement for Exempt CPOs

The Commodity Futures Trading Commission voted on June 4 to adopt rules prohibiting exempt commodity pool operators and their principals from operating commodity pools if they are subject to any of the statutory...more

CFTC Proposes Relief for Non-US Commodity Pool Operators

The US Commodity Futures Trading Commission has proposed amendments to CFTC Regulation 3.10(c)(3) to allow non-US commodity pool operators to claim an exemption from registration with respect to their offshore commodity pools...more

CFTC Delays Phase 5 Initial Margin Implementation Date

The US Commodity Futures Trading Commission has approved an interim final rule extending the Phase 5 initial margin compliance deadline for uncleared swaps by one year....more

Change in the US Regulatory Status of the KRX300 Futures Contract

Effective July 1, 2020, the KRX300 (a Korean Large-Cap Index) Futures Contract will no longer be considered a broad-based security index futures contract and instead will be subject to joint regulation by the CFTC and SEC as...more

CFTC Issues Additional Relief in Response to COVID-19

The US Commodity Futures Trading Commission recently issued more no-action letters in response to the coronavirus (COVID-19) pandemic, providing relief from capital requirements and fingerprint requirements....more

CFTC Proposes Streamlined Version of Form CPO-PQR

The Commodity Futures Trading Commission (CFTC) has proposed amendments to Form CPO-PQR, streamlining the form but requiring commodity pool operators (CPOs) to report legal entity identifiers to facilitate the CFTC’s data...more

Global Standard Setters Extend Deadlines for Uncleared Margin Requirements

To help address market participants in the face of the coronavirus (COVID-19) crisis, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions have provided a one-year extension...more

CFTC and NFA Issue Additional COVID-19 Regulatory Relief

The Commodity Futures Trading Commission and the National Futures Association in recent weeks have issued relief in response to the challenges that many market participants face in light of the coronavirus (COVID-19)...more

CFTC No-Action Relief for Registrant and Market Participant COVID-19 Response

Many Commodity Futures Trading Commission registrants and other market participants are responding to the coronavirus (COVID-19) pandemic by implementing business continuity plans that move personnel from their “normal...more

Latest CFTC Position Limits Proposal: If At First You Don't Succeed, Try, Try Again

After a decade of rulemaking efforts, the Commodity Futures Trading Commission is proposing revisions to its regulations concerning federal speculative position limits to conform to the Wall Street Transparency and...more

The Commodity Futures Trading Commission's Swaps Cross-border Guidance Proposal

The Dodd-Frank Act amended the Commodity Exchange Act (the Act) to create a new regulatory framework for swaps, and added Section 2(i) to require the application of the Dodd-Frank Act swap requirements to activities that...more

DSIO Director Explains Thematic Commodity Pool Operator Swap Dealer Review Program

In late September, the director of the Division of Swap Dealer and Intermediary Oversight (DSIO) of the US Commodity Futures Trading Commission (CFTC), Joshua Sterling, announced a new examination program for commodity pool...more

CFTC Issues Relief for UK Firms Regarding Brexit Possibilities

Relief issued by the US Commodity Futures Trading Commission resolves any doubts that UK firms, as well as their swap counterparties and affiliates, may have had about whether no-action relief would continue to apply to UK...more

CFTC Announces Self-Reporting Guidance on Foreign Corrupt Practices

Practitioners active in derivative markets regulated by the Commodity Futures Trading Commission (CFTC) are well familiar with the US Court of Appeals for the Eighth Circuit’s proclamation in 1971 that “[t]he methods and...more

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