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federal_register: 2012-20508

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document_number title type abstract publication_date pub_year pub_month html_url pdf_url agency_names agency_ids excerpts regulation_id_numbers
2012-20508 Clearing Exemption for Swaps Between Certain Affiliated Entities Proposed Rule The Commodity Futures Trading Commission ("CFTC" or "Commission") is proposing a rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement (the "inter-affiliate clearing exemption" or the "proposed exemption") under Section 2(h)(1)(A) of the Commodity Exchange Act ("CEA"). The Commission also is proposing rules that detail specific conditions counterparties must satisfy to elect the proposed inter-affiliate clearing exemption, as well as reporting requirements for affiliated entities that avail themselves of the proposed exemption. The Commission has finalized a rule that addresses swaps that are subject to the end-user exception. Counterparties to inter-affiliate swaps that qualify for the end-user exception would be able to elect to not clear swaps pursuant to the end-user exception or the proposed rule. The proposed rule does not address swaps that an affiliate enters into with a third party that are related to inter- affiliate swaps that are subject to the end-user exception. The Commission intends separately to propose a rule addressing swaps between an affiliate and a third party where the swaps are used to hedge or mitigate commercial risk arising from inter-affiliate swaps for which the end-user exception has been elected. 2012-08-21 2012 8 https://www.federalregister.gov/documents/2012/08/21/2012-20508/clearing-exemption-for-swaps-between-certain-affiliated-entities https://www.govinfo.gov/content/pkg/FR-2012-08-21/pdf/2012-20508.pdf Commodity Futures Trading Commission 77 The Commodity Futures Trading Commission ("CFTC" or "Commission") is proposing a rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement (the "inter-affiliate clearing exemption" or the "proposed...  

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