Exemption from Derivatives Clearing Organization Registration

Section 5b(a) of the Commodity Exchange Act (CEA) provides that a clearing organization may not perform the functions of a derivatives clearing organization (DCO) with respect to swaps unless the clearing organization is registered with the Commission. Section 5b(h) of the CEA, however, permits the Commission to conditionally or unconditionally exempt a clearing organization from registration as a DCO for the clearing of swaps if the Commission determines that the clearing organization is subject to “comparable, comprehensive supervision and regulation” by the clearing organization’s home country government regulator. This Supporting Statement relates specifically to the regulations that the Commission adopted in 2021 to codify the policies and procedures that it is currently following with respect to granting exemptions from registration as a DCO for the clearing of proprietary swaps for U.S. persons and futures commission merchants (FCMs). See 86 FR 949 (Jan. 7, 2021). The rules include reporting requirements that are collections of information requiring approval under the PRA. Specifically, the Commission amended Part 39 to specify the conditions and procedures under which a clearing organization may apply for exemption from registration as a DCO, the information that must be provided to the Commission to obtain and maintain such exemption, and procedures for termination of an exemption. The information that is collected under these regulations is necessary for the Commission to determine whether a clearing organization qualifies for exemption from DCO registration, to evaluate the continued eligibility of the exempt DCO for exemption from registration, to review compliance by the exempt DCO with any conditions of such exemption, or to conduct its oversight of U.S. persons and the swaps that are cleared by U.S. persons through the exempt DCO.

The latest form for Exemption from Derivatives Clearing Organization Registration expires 2026-10-31 and can be found here.