Rule 18a-7 – Reports to be Made by Certain Security-Based Swap Dealers and Major Security-Based Swap Participants

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form X-17A-5 Annual Reports	Form and Instruction	Modified	Available
Form X-17A-5 FOCUS Report Part IIC for Bank SBSDs	Form and Instruction	Modified	Repair queued
Form X-17A-5 Annual Reports	Form and Instruction	Modified	Available
Form X-17A-5 FOCUS Report Part II for Stand-Alone MSBSPs	Form and Instruction	Modified	Available
Form X-17A-5 Annual Reports	Form and Instruction	Modified	Available
Form X-17A-5 FOCUS Report Part II for Stand-Alone SBSDs	Form and Instruction	Modified	Repair queued
3235-0749.pdf	Supplementary Document	Uploaded 2024-06-03	Repair queued
3235-0749.pdf	Supplementary Document	Uploaded 2024-06-03	Available
Supporting Statement (Rule 18a-7).pdf	Supporting Statement A	Uploaded 2024-03-20	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
223468	Engagement of Accountant for Stand-Alone SBSDs Exempt from 18a-4		Modified
223466	Engagement of Accountant for Stand-Alone MSBSPs		Modified
223465	FOCUS Report Part IIC for Bank SBSDs	Form and Instruction	Modified	Annual Reports
223465	FOCUS Report Part IIC for Bank SBSDs	Form and Instruction	Modified
223464	FOCUS Report Part II for Stand-Alone MSBSPs	Form and Instruction	Modified	Annual Reports
223464	FOCUS Report Part II for Stand-Alone MSBSPs	Form and Instruction	Modified
223463	FOCUS Report Part II for Stand-Alone SBSDs	Form and Instruction	Modified	Annual Reports
223463	FOCUS Report Part II for Stand-Alone SBSDs	Form and Instruction	Modified
223462	Notice of Change in Fiscal Year		Unchanged
223461	Statement Regarding Independent Public Accountant		Modified
223460	Annual Reports for Stand-Alone SBSDs Exempt from Rule 18a-4		Modified
223459	Annual Reports for Stand-Alone MSBSPs		Modified
223457	Customer Statements		Modified
223455	Reports for Model Stand-Alone SBSDs		Unchanged

ICR Details

OMB Control No: 3235-0749	ICR Reference No: 202403-3235-002
Status: Historical Active	Previous ICR Reference No: 202104-3235-003
Agency/Subagency: SEC	Agency Tracking No: TM-270-669
Title: Rule 18a-7 – Reports to be Made by Certain 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: 07/17/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/03/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2027	36 Months From Approved	07/31/2024
Responses	263	0	265
Time Burden (Hours)	2,796	0	3,136
Cost Burden (Dollars)	2,424,074	0	3,018,082

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Abstract: Exchange Act Rule 18a-7, as adopted, would establish reporting requirements applicable to stand-alone SBSDs, stand-alone MSBSPs, bank SBSDs, and bank MSBSPs. Rule 18a-7 is modeled on Exchange Act Rule 17a-5, which applies to broker-dealers, but it does not include a parallel requirement for every requirement in Rule 17a-5 because some of the requirements in Rule 17a-5 relate to activities that are not expected or permitted of SBSDs and MSBSPs.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
   US Code: 15 USC 78o-10 Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

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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:
	89 FR 21071	03/26/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 47189	05/31/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

table that charts list of burden

IC Title	Form No.	Form Name
Annual Reports for Stand-Alone MSBSPs
Annual Reports for Stand-Alone SBSDs Exempt from Rule 18a-4
Customer Statements
Engagement of Accountant for Stand-Alone MSBSPs
Engagement of Accountant for Stand-Alone SBSDs Exempt from 18a-4
FOCUS Report Part II for Stand-Alone MSBSPs	X-17A-5	Annual Reports
FOCUS Report Part II for Stand-Alone SBSDs	X-17A-5	Annual Reports
FOCUS Report Part IIC for Bank SBSDs	X-17A-5	Annual Reports
Notice of Change in Fiscal Year
Reports for Model Stand-Alone SBSDs
Statement Regarding Independent Public Accountant

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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	263	265	0	12	-14	0
Annual Time Burden (Hours)	2,796	3,136	0	0	-340	0
Annual Cost Burden (Dollars)	2,424,074	3,018,082	0	8	-594,016	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: Generally, the annual burdens changed as a result of the burden estimate being revised to reflect a change in the number of respondents, as described in the Supplemental Statement.

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Annual Cost to Federal Government:

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: 06/03/2024

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