cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
15 rows where part_number = 45 and title_number = 17 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 17:17:2.0.1.1.5.0.1.1 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.1 Definitions. | CFTC | [85 FR 75559, Nov. 25, 2020, as amended at 85 FR 75654, Nov. 25, 2020] | (a) As used in this part: Allocation means the process by which an agent, having facilitated a single swap transaction on behalf of several clients, allocates a portion of the executed swap to the clients. As soon as technologically practicable means as soon as possible, taking into consideration the prevalence, implementation, and use of technology by comparable market participants. Asset class means a broad category of commodities, including, without limitation, any “excluded commodity” as defined in section 1a(19) of the Act, with common characteristics underlying a swap. The asset classes include interest rate, foreign exchange, credit, equity, other commodity, and such other asset classes as may be determined by the Commission. Business day means the twenty-four-hour day, on all days except Saturdays, Sundays, and legal holidays, in the location of the swap execution facility, designated contract market, or reporting counterparty reporting data for the swap. Business hours means consecutive hours during one or more consecutive business days. Clearing swap means a swap created pursuant to the rules of a derivatives clearing organization that has a derivatives clearing organization as a counterparty, including any swap that replaces an original swap that was extinguished upon acceptance of such original swap by the derivatives clearing organization for clearing. Collateral data means the data elements necessary to report information about the money, securities, or other property posted or received by a swap counterparty to margin, guarantee, or secure a swap, as specified in appendix 1 to this part. Derivatives clearing organization means a derivatives clearing organization, as defined by § 1.3 of this chapter, that is registered with the Commission. Electronic reporting (“report electronically”) means the reporting of data normalized in data elements as required by the data standard or standards used by the swap data repository to which the data is reported. Except where specifically otherwi… | ||||||
| 17:17:2.0.1.1.5.0.1.10 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.10 Reporting to a single swap data repository. | CFTC | [85 FR 75564, Nov. 25, 2020] | All swap transaction and pricing data and swap data for a given swap shall be reported to a single swap data repository, which shall be the swap data repository to which the first report of such data is made, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. To ensure that all swap transaction and pricing data and swap data for a swap executed on or pursuant to the rules of a swap execution facility or designated contract market is reported to a single swap data repository: (1) The swap execution facility or designated contract market shall report all swap transaction and pricing data and required swap creation data for a swap to a single swap data repository. As soon as technologically practicable after execution of the swap, the swap execution facility or designated contract market shall transmit to both counterparties to the swap, and to the derivatives clearing organization, if any, that will clear the swap, the identity of the swap data repository to which such data is reported. (2) Thereafter, all swap transaction and pricing data, required swap creation data, and required swap continuation data for the swap shall be reported to that same swap data repository, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (b) Off-facility swaps that are not clearing swaps. To ensure that all swap transaction and pricing data and swap data for an off-facility swap that is not a clearing swap is reported to a single swap data repository: (1) The reporting counterparty shall report all swap transaction and pricing data and required swap creation data to a single swap data repository. As soon as technologically practicable after execution, the reporting counterparty shall transmit to the other counterparty to the swap, and to the d… | ||||||
| 17:17:2.0.1.1.5.0.1.11 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.11 Data reporting for swaps in a swap asset class not accepted by any swap data repository. | CFTC | [85 FR 75565, Nov. 25, 2020] | (a) Should there be a swap asset class for which no swap data repository currently accepts swap data, each swap execution facility, designated contract market, derivatives clearing organization, or reporting counterparty required by this part to report any required swap creation data or required swap continuation data with respect to a swap in that asset class must report that same data to the Commission. (b) Data subject to this section shall be reported at times announced by the Commission and in an electronic file in a format acceptable to the Commission. | ||||||
| 17:17:2.0.1.1.5.0.1.12 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.12 [Reserved] | CFTC | ||||||||
| 17:17:2.0.1.1.5.0.1.13 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.13 Required data standards. | CFTC | [85 FR 75565, Nov. 25, 2020] | (a) Data reported to swap data repositories. (1) In reporting required swap creation data and required swap continuation data to a swap data repository, each reporting counterparty, swap execution facility, designated contract market, and derivatives clearing organization shall report the swap data elements in appendix 1 to this part in the form and manner provided in the technical specifications published by the Commission pursuant to § 45.15. (2) In reporting required swap creation data and required swap continuation data to a swap data repository, each reporting counterparty, swap execution facility, designated contract market, and derivatives clearing organization making such report shall satisfy the swap data validation procedures of the swap data repository. (3) In reporting swap data to a swap data repository as required by this part, each reporting counterparty, swap execution facility, designated contract market, and derivatives clearing organization shall use the facilities, methods, or data standards provided or required by the swap data repository to which the entity or counterparty reports the data. (b) Data validation acceptance message. (1) For each required swap creation data or required swap continuation data report submitted to a swap data repository, a swap data repository shall notify the reporting counterparty, swap execution facility, designated contract market, derivatives clearing organization, or third-party service provider submitting the report whether the report satisfied the swap data validation procedures of the swap data repository. The swap data repository shall provide such notification as soon as technologically practicable after accepting the required swap creation data or required swap continuation data report. A swap data repository may satisfy the requirements of this paragraph by transmitting data validation acceptance messages as required by § 49.10 of this chapter. (2) If a required swap creation data or required swap continuation data report to a swap data reposit… | ||||||
| 17:17:2.0.1.1.5.0.1.14 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.14 Correcting errors in swap data and verification of swap data accuracy. | CFTC | [85 FR 75654, Nov. 25, 2020] | (a) Correction of errors —(1) Swap execution facilities, designated contract markets, and reporting counterparties. Any swap execution facility, designated contract market, or reporting counterparty that by any means becomes aware of any error relating to swap data that it was required to report under this part shall correct the error. To correct an error, the swap execution facility, designated contract market, or reporting counterparty shall submit complete and accurate swap data to the swap data repository that maintains the swap data for the relevant swap, or completely and accurately report swap data for a swap that was not previously reported to a swap data repository as required under this part, as applicable. Except as otherwise provided in this section, the requirement to correct any error applies regardless of the state of the swap that is the subject of the swap data, including a swap that has terminated, matured, or otherwise is no longer considered to be an open swap. (i) Timing requirement for correcting errors. The swap execution facility, designated contract market, or reporting counterparty shall correct any error as soon as technologically practicable after discovery of the error. In all cases, errors shall be corrected within seven business days after discovery. Any error that a reporting counterparty discovers or could have discovered during the verification process required under paragraph (b) of this section is considered discovered for the purposes of this section as of the moment the reporting counterparty began the verification process during which the error was first discovered or discoverable. (ii) Notification of failure to timely correct. If the swap execution facility, designated contract market, or reporting counterparty will, for any reason, fail to timely correct an error, the swap execution facility, designated contract market, or reporting counterparty shall notify the Director of the Division of Market Oversight, or such other employee or employees of the Commission as… | ||||||
| 17:17:2.0.1.1.5.0.1.15 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.15 Delegation of authority. | CFTC | [85 FR 75565, Nov. 25, 2020] | (a) Delegation of authority to the chief information officer. The Commission hereby delegates to its chief information officer, until the Commission orders otherwise, the authority set forth in paragraph (a) of this section, to be exercised by the chief information officer or by such other employee or employees of the Commission as may be designated from time to time by the chief information officer. The chief information officer may submit to the Commission for its consideration any matter which has been delegated in this paragraph. Nothing in this paragraph prohibits the Commission, at its election, from exercising the authority delegated in this paragraph. The authority delegated to the chief information officer by this paragraph (a) shall include: (1) The authority to determine the manner, format, coding structure, and electronic data transmission standards and procedures acceptable to the Commission for the purposes of § 45.11; (2) The authority to determine whether the Commission may permit or require use by swap execution facilities, designated contract markets, derivatives clearing organizations, or reporting counterparties in reporting pursuant to § 45.11 of one or more particular data standards (such as FIX, FpML, ISO 20022, or some other standard), to accommodate the needs of different communities of users; (3) The dates and times at which required swap creation data or required swap continuation data shall be reported pursuant to § 45.11; and (4) The chief information officer shall publish from time to time in the Federal Register and on the website of the Commission the format, data schema, electronic data transmission methods and procedures, and dates and times for reporting acceptable to the Commission with respect to swap data reporting pursuant to § 45.11. (b) Delegation of authority to the Director of the Division of Market Oversight. The Commission hereby delegates to the Director of the Division of Market Oversight, until the Commission orders otherwise, the authority set forth in §… | ||||||
| 17:17:2.0.1.1.5.0.1.2 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.2 Swap recordkeeping. | CFTC | [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75560, 75654, Nov. 25, 2020] | (a) Recordkeeping by swap execution facilities, designated contract markets, derivatives clearing organizations, swap dealers, and major swap participants. Each swap execution facility, designated contract market, derivatives clearing organization, swap dealer, and major swap participant shall keep full, complete, and systematic records, together with all pertinent data and memoranda, of all activities relating to the business of such entity or person with respect to swaps, as prescribed by the Commission. Such records shall include, without limitation, the following: (1) For swap execution facilities, all records required by part 37 of this chapter. (2) For designated contract markets, all records required by part 38 of this chapter. (3) For derivatives clearing organizations, all records required by part 39 of this chapter. (4) For swap dealers and major swap participants, all records required by part 23 of this chapter, and all records demonstrating that they are entitled, with respect to any swap, to elect the clearing requirement exception pursuant to CEA section 2(h)(7). (b) Recordkeeping by non-SD/MSP/DCO counterparties. All non-SD/MSP/DCO counterparties shall keep full, complete, and systematic records, together with all pertinent data and memoranda, with respect to each swap in which they are a counterparty, including, without limitation, all records demonstrating that they are entitled, with respect to any swap, to electany clearing requirement exception or exemption pursuant to section 2(h)(7) of the Act or part 50 of this chapter. (c) Record retention. All records required to be kept pursuant to this section shall be retained with respect to each swap throughout the life of the swap and for a period of at least five years following the final termination of the swap. (d) Retention form. Records required to be kept pursuant to this section must be kept as required by paragraph (d)(1) or (2) of this section, as applicable. (1) Records required to be kept by swap execution facilities, desi… | ||||||
| 17:17:2.0.1.1.5.0.1.3 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.3 Swap data reporting: Creation data. | CFTC | [85 FR 75561, Nov. 25, 2020] | (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. For each swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the swap execution facility or designated contract market shall report required swap creation data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the next business day following the execution date. (b) Off-facility swaps. For each off-facility swap, the reporting counterparty shall report required swap creation data electronically to a swap data repository as provided by paragraph (b)(1) or (2) of this section, as applicable. (1) If the reporting counterparty is a swap dealer, major swap participant, or derivatives clearing organization, the reporting counterparty shall report required swap creation data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the next business day following the execution date. (2) If the reporting counterparty is a non-SD/MSP/DCO counterparty, the reporting counterparty shall report required swap creation data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the second business day following the execution date. (c) Allocations. For swaps involving allocation, required swap creation data shall be reported electronically to a single swap data repository as follows. (1) Initial swap between reporting counterparty and agent. The initial swap transaction between the reporting counterparty and the agent shall be reported as required by paragraph (a) or (b) of this section, as applicable. A unique transaction identifier for the initial swap transaction shall be created as provided in § 45.5. (2) Post-allocation swaps —(i) Duties of the agent. In accordance with this section, the agent shall inform the reporting counterparty of the identities of the reporting counterparty's actual counterparties resu… | ||||||
| 17:17:2.0.1.1.5.0.1.4 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.4 Swap data reporting: Continuation data. | CFTC | [85 FR 75561, Nov. 25, 2020] | (a) Continuation data reporting method generally. For each swap, regardless of asset class, reporting counterparties and derivatives clearing organizations required to report required swap continuation data shall report life-cycle-event data for the swap electronically to a swap data repository in the manner provided in § 45.13(a) within the applicable deadlines set forth in this section. (b) Continuation data reporting for original swaps. For each original swap, the derivatives clearing organization shall report required swap continuation data, including terminations, electronically to the swap data repository to which the swap that was accepted for clearing was reported pursuant to § 45.3 in the manner provided in § 45.13(a) and in this section, and such required swap continuation data shall be accepted and recorded by such swap data repository as provided in § 49.10 of this chapter. (1) The derivatives clearing organization that accepted the swap for clearing shall report all life-cycle-event data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the next business day following the day that any life cycle event occurs with respect to the swap. (2) In addition to all other required swap continuation data, life-cycle-event data shall include all of the following: (i) The legal entity identifier of the swap data repository to which all required swap creation data for each clearing swap was reported by the derivatives clearing organization pursuant to § 45.3(b); (ii) The unique transaction identifier of the original swap that was replaced by the clearing swaps; and (iii) The unique transaction identifier of each clearing swap that replaces a particular original swap. (c) Continuation data reporting for swaps other than original swaps. For each swap that is not an original swap, including clearing swaps and swaps not cleared by a derivatives clearing organization, the reporting counterparty shall report all required swap continuation data electronic… | ||||||
| 17:17:2.0.1.1.5.0.1.5 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.5 Unique transaction identifiers. | CFTC | [81 FR 41775, June 27, 2016, as amended at 85 FR 75562, Nov. 25, 2020] | Each swap shall be identified in all recordkeeping and all swap data reporting pursuant to this part by the use of a unique transaction identifier, which shall be created, transmitted, and used for each swap as provided in paragraphs (a) through (h) of this section. (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. For each swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the swap execution facility or designated contract market shall create and transmit a unique transaction identifier as provided in paragraphs (a)(1) and (2) of this section. (1) Creation. The swap execution facility or designated contract market shall generate and assign a unique transaction identifier at, or as soon as technologically practicable following, the time of execution of the swap, and prior to the reporting of required swap creation data. The unique transaction identifier shall consist of a single data element with a maximum length of 52 characters that contains two components: (i) The legal entity identifier of the swap execution facility or designated contract market; and (ii) An alphanumeric code generated and assigned to that swap by the automated systems of the swap execution facility or designated contract market, which shall be unique with respect to all such codes generated and assigned by that swap execution facility or designated contract market. (2) Transmission. The swap execution facility or designated contract market shall transmit the unique transaction identifier electronically as follows: (i) To the swap data repository to which the swap execution facility or designated contract market reports required swap creation data for the swap, as part of that report; (ii) To each counterparty to the swap, as soon as technologically practicable after execution of the swap; (iii) To the derivatives clearing organization, if any, to which the swap is submitted for clearing, as part of the required swap crea… | ||||||
| 17:17:2.0.1.1.5.0.1.6 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.6 Legal entity identifiers. | CFTC | [85 FR 75563, Nov. 25, 2020] | Each swap execution facility, designated contract market, derivatives clearing organization, swap data repository, entity reporting pursuant to § 45.9, and counterparty to any swap that is eligible to receive a legal entity identifier shall obtain, maintain, and be identified in all recordkeeping and all swap data reporting pursuant to this part by a single legal entity identifier as specified in this section. (a) Definitions. As used in this section: Local operating unit means an entity authorized under the standards of the Global Legal Entity Identifier System to issue legal entity identifiers. Reference data means all identification and relationship information, as set forth in the standards of the Global Legal Entity Identifier System, of the legal entity or individual to which a legal entity identifier is assigned. Self-registration means submission by a legal entity or individual of its own reference data. Third-party registration means submission of reference data for a legal entity or individual that is or may become a swap counterparty, made by an entity or organization other than the legal entity or individual identified by the submitted reference data. Examples of third-party registration include, without limitation, submission by a swap dealer or major swap participant of reference data for its swap counterparties, and submission by a national numbering agency, national registration agency, or data service provider of reference data concerning legal entities or individuals with respect to which the agency or service provider maintains information. (b) International standard for the legal entity identifier. The legal entity identifier used in all recordkeeping and all swap data reporting required by this part shall be issued under, and shall conform to, ISO Standard 17442, Legal Entity Identifier (LEI), issued by the International Organization for Standardization. (c) Reference data reporting. Reference data for each swap execution facility, designated contract market, derivatives clea… | ||||||
| 17:17:2.0.1.1.5.0.1.7 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.7 Unique product identifiers. | CFTC | [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75563, Nov. 25, 2020] | Each swap shall be identified in all recordkeeping and all swap data reporting pursuant to this part by means of a unique product identifier and product classification system as specified in this section. Each swap sufficiently standardized to receive a unique product identifier shall be identified by a unique product identifier. Each swap not sufficiently standardized for this purpose shall be identified by its description using the product classification system. (a) Requirements for the unique product identifier and product classification system. The unique product identifier and product classification system shall identify and describe the swap asset class and the sub-type within that asset class to which the swap belongs, and the underlying product for the swap, with sufficient distinctiveness and specificity to enable the Commission and other financial regulators to fulfill their regulatory responsibilities and to assist in real time reporting of swaps as provided in the Act and part 43 of this chapter. The level of distinctiveness and specificity which the unique product identifier will provide shall be determined separately for each swap asset class. (b) Designation of the unique product identifier and product classification system. (1) The Commission shall determine when a unique product identifier and product classification system that is acceptable to the Commission and satisfies the requirements set forth in this section is available for use in compliance with this section. (2) When the Commission determines that such a unique product identifier and product classification system is available, the Commission shall designate the unique product identifier and product classification system to be used in recordkeeping and swap data reporting pursuant to this part, by means of a Commission order that is published in the Federal Register and on the Web site of the Commission, as soon as practicable after such determination is made. The order shall include notice of this designation, the contact infor… | ||||||
| 17:17:2.0.1.1.5.0.1.8 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.8 Determination of which counterparty shall report. | CFTC | [81 FR 41777, June 27, 2016, as amended at 85 FR 75563, Nov. 25, 2020] | The determination of which counterparty is the reporting counterparty for each swap shall be made as provided in this section. (a) If only one counterparty is a swap dealer, the swap dealer shall be the reporting counterparty. (b) If neither counterparty is a swap dealer, and only one counterparty is a major swap participant, the major swap participant shall be the reporting counterparty. (c) If both counterparties are non-SD/MSP/DCO counterparties, and only one counterparty is a financial entity as defined in CEA section 2(h)(7)(C), the counterparty that is a financial entity shall be the reporting counterparty. (d) If both counterparties are swap dealers, or both counterparties are major swap participants, or both counterparties are non-SD/MSP/DCO counterparties that are financial entities as defined in CEA section 2(h)(7)(C), or both counterparties are non-SD/MSP/DCO counterparties and neither counterparty is a financial entity as defined in CEA section 2(h)(7)(C): (1) For a swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the counterparties shall agree which counterparty shall be the reporting counterparty. (2) For an off-facility swap, the counterparties shall agree as one term of their swap which counterparty shall be the reporting counterparty. (e) Notwithstanding the provisions of paragraphs (a) through (d) of this section, if both counterparties to a swap are non-SD/MSP/DCO counterparties and only one counterparty is a U.S. person, that counterparty shall be the reporting counterparty. (f) Notwithstanding the provisions of paragraphs (a) through (e) of this section, if neither counterparty to a swap is a U.S. person, but the swap is executed on or pursuant to the rules of a swap execution facility or designated contract market or otherwise executed in the United States, or is cleared by a derivatives clearing organization: (1) For such a swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the c… | ||||||
| 17:17:2.0.1.1.5.0.1.9 | 17 | Commodity and Securities Exchanges | I | 45 | PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS | § 45.9 Third-party facilitation of data reporting. | CFTC | [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75564, Nov. 25, 2020] | Registered entities and reporting counterparties required by this part to report required swap creation data or required swap continuation data, while remaining fully responsible for reporting as required by this part, may contract with third-party service providers to facilitate reporting. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);