2018-24642: Swap Execution Facilities and Trade Execution Requirement

Summary

The Commodity Futures Trading Commission ("Commission" or "CFTC") is proposing amendments to regulations relating to the trade execution requirement under the Commodity Exchange Act ("CEA" or "Act") and amendments to existing regulations relating to swap execution facilities ("SEFs") and designated contract markets ("DCMs"). Among other amendments, the proposed rules apply the SEF registration requirement to certain swaps broking entities and aggregators of single-dealer platforms; broaden the scope of the trade execution requirement to include all swaps subject to the clearing requirement under the Act that a SEF or a DCM lists for trading; allow SEFs to offer flexible execution methods for all swaps that they list for trading; amend straight-through processing requirements; and amend the block trade definition. The proposed rules, which also include non- substantive amendments and various conforming changes to other Commission regulations, reflect the Commission's enhanced knowledge and experience with swaps trading characteristics and would further the Dodd-Frank Act's statutory goals for SEFs, i.e., promote more SEF trading and pre-trade price transparency in the swaps market. Further, the proposed rules are intended to strengthen the existing swaps regulatory framework by reducing unnecessary complexity, costs, and other burdens that impede SEF development, innovation, and growth.

The agency’s own summary, as published.

What this changes

Amends 6 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 17 CFR 9 Rules Relating to Review of Exchange Disciplinary, Access Denial or Other Adverse Actions
• 17 CFR 36 Trade Execution Requirement
• 17 CFR 37 Swap Execution Facilities
• 17 CFR 38 Designated Contract Markets
• 17 CFR 39 Derivatives Clearing Organizations
• 17 CFR 43 Real-Time Public Reporting