CFTC Updates

CFTC’s Office of General Counsel Responds to Questions Regarding Certain Physical Commercial Agreements for the Supply and Consumption of Energy

Washington, DC — Today, the Commodity Futures Trading Commission’s (CFTC) Office of General Counsel (OGC) is providing its view, in the form of an answer to frequently asked questions (FAQ), in response to questions from market participants and other interested parties regarding the classification of certain physical commercial agreements for the supply and consumption of energy that provide flexibility set forth in the CFTC’s joint Federal Register release with the Securities and Exchange Commission entitled Further Definition of “Swap”; “Security-Based Swap”; and “Security-Based Swap Agreement”; Mixed Swaps; Security-Based Swap Agreement Recordkeeping (“Release”).

OGC is issuing this FAQ to help market participants and other interested parties better understand and apply the three-part test set forth in the Release for determining when such physical commercial agreements should not be considered to be commodity options.

Please contact the CFTC Office of Public Affairs at 202-418-5080 with any media inquiries.


CFTC Seeks Public Comment on Request from ICE Clear Europe Limited for Order Permitting Portfolio Margining of Swaps and Security-Based Swaps in a Customer Account

  • The Commodity Futures Trading Commission (Commission) is requesting public comment on a petition submitted by ICE Clear Europe Limited (ICE Clear Europe) for an order pursuant to Section 4d(f) of the Commodity Exchange Act (Act).

The following Proposed Rule has been published:

  • 77 FR 67866
    17 CFR Parts 1, 3, 22, 30, and 140 Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations

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