2019-10-16 | CFTC Staff Letter 19-23

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CFTC Staff Letter 19-23: Revised No-Action Relief for European Stability Mechanism from Swap Clearing Requirement

The Division of Clearing and Risk grants the European Stability Mechanism time-limited no-action relief from the swap clearing requirement under Section 2(h)(1) of the Commodity Exchange Act and Regulations 50.2 and 50.4. This relief remains effective until the earlier of April 14, 2020, at 11:59 pm Eastern Time, or the effective date of final Commission action applicable to swaps entered into by the European Stability Mechanism. The letter rescinds CFTC Letter No. 17-34 and amends the position in CFTC Letter No. 17-58, which is phased out through this new time-limited position. The relief does not exempt the European Stability Mechanism from other provisions such as recordkeeping and reporting requirements under Parts 23 and 45.

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