Section 4s Due Dates Footnotes

1 The CFTC has announced procedures for SDs and MSPs to submit Risk Exposure Reports and Chief Compliance Officer Annual Reports. Provisionally registered firms should use the link below to submit the reports: https://forms.cftc.gov/fp/SDAndMSPReport.aspx.

2Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued limited comparability determinations for Chief Compliance Officer requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

3Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued comparability determinations for Conflicts of Interest requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

4Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued limited comparability determinations for Risk Management requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

5The Division of Swap Dealer and Intermediary Oversight issued No-Action Letter 13-78, which provides time-limited No-Action relief for Non-US SDs and MSPs from compliance in the following circumstances:

  • Non-US SDs and Non-US MSPs located in Australia, Canada, the European Union, Japan, and Switzerland may delay compliance with regulation §§23.600(c)(2) and 23.608 until March 3, 2014.

    Non-US SDs and Non-US MSPs located in Switzerland may delay compliance with regulation §23.609 until March 3, 2014.

6Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued limited comparability determinations for Availability of Information for Disclosure to the CFTC requirements (§23.606). For more information summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

7Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued comparability determinations for Business Continuity and Disaster Recovery requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

8Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued comparability determinations for Diligent Supervision requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

9Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued limited comparability determination for Swap Data Recordkeeping requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

10Non-U.S. SDs and MSPs are required to submit policies and procedures for swap data recordkeeping requirements relating to complaints, marketing, and sales materials (CFTC Regulation §23.201(b)(3) and (4)) for swaps with U.S. counterparties [4SRC], upon registration.

11Substituted Compliance may be available for non-US SDs and MSPs located in the European Union and Japan. The CFTC issued limited comparability determinations for Daily Trading Records requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

12The Division of Swap Dealer and Intermediary Oversight issued No-Action Letter 13-75, which provides time-limited No-Action relief for Non-US SDs and MSPs from compliance with certain swap data reporting requirements. The relief for swaps with non-US counterparties that are not guaranteed affiliates, or conduit affiliates, of a US Person extends to the earlier of: (a) 30 days following the issuance of a comparability determination or (b) 12/1/2014. The relief for swaps with non-US counterparties that are guaranteed affiliates, or conduit affiliates, of a US person extends to 3/3/2014.

13Category A Transaction-Level Requirements apply to non-US SDs and MSPs (including an affiliate of a US Person) with respect to swaps with US Persons. These requirements do not apply to non-US SDs and MSPs with respect to swaps with non-US Persons not guaranteed by, and not an Affiliate Conduit of a US Person.

14Substituted Compliance may be available for non-US SDs and MSPs. The CFTC issued comparability determinations for Clearing Member Risk Management requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

15Substituted Compliance may be available for non-US SDs and MSPs located in the European Union. The CFTC issued comparability determinations for Swap Confirmation, Portfolio Reconciliation, and Portfolio Compression requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

16Substituted Compliance may be available for non-US SDs and MSPs located in the European Union and Japan. The CFTC issued limited comparability determinations for Swap Relationship Documentation requirements. For more information see summary of Entity-Level Comparability Determinations published by the CFTC and complete comparability determinations published in the Federal Register.

17Category B Transaction-Level Requirements do not apply to Non-US SDs and MSPs (including an affiliate of a US Person) with respect to swaps with: Foreign Branches of U.S. Bank that is a SD or MSP; Non-US Person guaranteed by, or an Affiliate Conduit of a US Person; or Non-US Person not guaranteed by, or not an Affiliate Conduit of, a US Person.

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