Rule 18a-4 – Segregation requirements for security-based swap dealers and major security-based swap participants.

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3235-0700.pdf	Supplementary Document	Uploaded 2022-10-12	Repair queued
3235-0700.pdf	Supplementary Document	Uploaded 2022-10-12	Repair queued
18a-4 Supporting statement 2022.pdf	Supporting Statement A	Uploaded 2022-08-01	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
237023	IC16 - Rule 18a-4 - Subordination Agreements, Outside Counsel Review-- Initial, One-Time Cost		Modified
237022	IC15 - Rule 18a-4(d)(1) (Counterparty Notice, Outside Counsel Review)-- Initial Cost		Modified
237020	IC14 - Rule 18a-4(f) (Exemptions)-- Ongoing Burden		Modified
237019	IC13 - Rule 18a-4(f) (Exemptions, Incorporating Disclosure Language)-- Initial Burden		Modified
237018	IC12 - Rule 18a-4(f) (Exemptions, Developing Disclosure Language--Initial Burden		Modified
237017	IC11 - Rule 18a-4(e)(3) (Disclosure to U.S. Counterparties)-- Ongoing Burden		Modified
237016	IC10 - Rule 18a-4(e)(3) (Disclosure to U.S. Counterparties, Incorporating New Language)-- Initial Burden		Modified
237015	IC9 - Rule 18a-4(e)(3) (Disclosures to U.S. Counterparties, Developing Forms)-- Initial Burden		Modified
237012	IC8 - Rule 18a-4(d)(2) (Subordination Agreements)-- Ongoing Burden		Modified
237003	IC7 - Rule 18a-4(d)(2) (Subordination Agreements, Entering Into)-- Initial Burden		Modified
237001	IC6 - Rule 18a-4(d)(2) (Subordination Agreements, Drafting)-- Initial Burden		Modified
236999	IC5 - Rule 18a-4(d)(1) (Counterparty Notice)-- Ongoing Burden		Modified
236997	IC4 - Rule 18a-4(d)(1) (Counterparty Notice)-- Initial Burden		Modified
236996	IC2 - Rule 18a-4(a) (Special Accounts)-- Ongoing Burden		Modified
236995	IC1 - Rule 18a-4(a) (Special Accounts)-- Initial Burden		Modified
206760	IC3 - Rule 18a-4(c) (Customer Reserve Computation)-- Ongoing Burden		Modified

ICR Details

OMB Control No: 3235-0700	ICR Reference No: 202207-3235-021
Status: Historical Active	Previous ICR Reference No: 201907-3235-018
Agency/Subagency: SEC	Agency Tracking No: TM-270-650
Title: Rule 18a-4 – Segregation requirements for security-based swap dealers and major security-based swap participants.
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/15/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/12/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2025	36 Months From Approved	11/30/2022
Responses	12,438	0	80,465
Time Burden (Hours)	7,647	0	128,849
Cost Burden (Dollars)	2,667	0	58,667

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Abstract: Rule 18a-4 establishes customer protection and segregation requirements for all firms required to register with the SEC under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as security-based swap dealers and major security-based swap participants. Customer protection and segregation standards ensure that firms do not misappropriate customer assets for their own or other unauthorized uses.

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Authorizing Statute(s): US Code: 15 USC 78a et seq Name of Law: Securities Exchange Act of 1934
   PL: Pub.L. 111 - 203 763-764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 763-764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 48050	08/05/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 61642	10/12/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 16

table that charts list of burden

IC Title	Form No.	Form Name
IC1 - Rule 18a-4(a) (Special Accounts)-- Initial Burden
IC10 - Rule 18a-4(e)(3) (Disclosure to U.S. Counterparties, Incorporating New Language)-- Initial Burden
IC11 - Rule 18a-4(e)(3) (Disclosure to U.S. Counterparties)-- Ongoing Burden
IC12 - Rule 18a-4(f) (Exemptions, Developing Disclosure Language--Initial Burden
IC13 - Rule 18a-4(f) (Exemptions, Incorporating Disclosure Language)-- Initial Burden
IC14 - Rule 18a-4(f) (Exemptions)-- Ongoing Burden
IC15 - Rule 18a-4(d)(1) (Counterparty Notice, Outside Counsel Review)-- Initial Cost
IC16 - Rule 18a-4 - Subordination Agreements, Outside Counsel Review-- Initial, One-Time Cost
IC2 - Rule 18a-4(a) (Special Accounts)-- Ongoing Burden
IC3 - Rule 18a-4(c) (Customer Reserve Computation)-- Ongoing Burden
IC4 - Rule 18a-4(d)(1) (Counterparty Notice)-- Initial Burden
IC5 - Rule 18a-4(d)(1) (Counterparty Notice)-- Ongoing Burden
IC6 - Rule 18a-4(d)(2) (Subordination Agreements, Drafting)-- Initial Burden
IC7 - Rule 18a-4(d)(2) (Subordination Agreements, Entering Into)-- Initial Burden
IC8 - Rule 18a-4(d)(2) (Subordination Agreements)-- Ongoing Burden
IC9 - Rule 18a-4(e)(3) (Disclosures to U.S. Counterparties, Developing Forms)-- Initial Burden

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	12,438	80,465	0	0	-68,027	0
Annual Time Burden (Hours)	7,647	128,849	0	0	-121,202	0
Annual Cost Burden (Dollars)	2,667	58,667	0	0	-56,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The changes in burden are due to changes in the Commission’s estimate of the number of respondents. In particular: • A change in the number of non-broker-dealer SBSDs from 3 to 2; • A change in the number of registered foreign SBSDs from 22 to 29; • A change in the number of non-broker-dealer SBSDs and MSBSPs from 38 to 40; • A change in the number of bank SBSDs from 25 to 29; and • A change in the number of standalone nonbank SBSDs from 6 to 2.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/12/2022

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