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CONTACT: (212) 549-2666
NEW YORK – The U.S. Commodity Futures Trading Commission (CFTC) today announced that on July 27, the Commission, the Office of the Chief Counsel for Regulation (OCCR), the Office of the Chief Enforcement Counsel (OCEC), the Commodity Futures Trading Commission National Futures & Derivatives Market Improvement Act of 2010 (FMIA 2010) Task Force, and staff from the Department of Justice will submit additional documents that are the subjects of ongoing administrative proceedings.
The submissions concern the proposed rule for criteria for imposing penalties against an entity for an improper transfer of funds by an OTC derivatives clearing organization (DCO). The scheduled submission of documents continues an ongoing outreach effort to educate market participants and the public about the proposed rule, to ensure that the proposal is consistent with the law, and to provide interested parties with additional information and opportunities to comment on the proposal.
The Commission will hold a telephone conference at 1 p.m. EDT on Monday, July 27, to receive additional comments from members of the public. Interested parties are invited to call 1-800-438-0222 and enter Participant ID number 677495; a participant ID is required to join the call.
The Commission’s proposed rule would amend section 141.33 of its regulations to include a new criterion that would require a DCO to assess a civil monetary penalty against an eligible person that has caused or contributed to the improper transfer of funds by the DCO of $25,000 or more. The proposed rule would also require a DCO to assess a civil monetary penalty against an entity if it has caused or contributed to the improper transfer of funds by the DCO of $50,000 or more.
The proposed rule is designed to implement Congress’s intent to promote market discipline in the OTC derivatives market, and is a requirement of FMIA 2010. These proposed rules were published in the Federal Register on April 18, 2011 (76 FR 19651), and a 75-day comment period began on that date.
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