Process for Review of Swaps for Mandatory Clearing

The Commodity Exchange Act and Commission regulations require a derivatives clearing organization (“DCO”) that wishes to accept a swap for clearing to be eligible to clear the swap and to submit the swap to the Commission for a determination as to whether the swap is required to be cleared. Commission Regulation 39.5 sets forth the process for these submissions. The information collected is analyzed by Commission staff to determine whether a DCO that wishes to accept a swap for clearing is eligible to clear the swap and whether the swap should be required to be cleared. The information collected is necessary for the Commission to conduct its review.

The latest form for Process for Review of Swaps for Mandatory Clearing expires 2023-12-31 and can be found here.