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ARTICLE · 12 DECEMBER 2017

CFTC Exempts Certain EU Trading Platforms From SEF Registration Requirement

Hogan Lovells Cadwalader
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The CFTC issued an Order that will exempt certain European Union ("EU")-authorized trading facilities from the requirement to register as a swap execution facility ("SEF").

United StatesFinance and Banking

The CFTC issued an Order that will exempt certain European Union ("EU")-authorized trading facilities from the requirement to register as a swap execution facility ("SEF"). The Order will become effective on January 3, 2018. The Order follows a recent European Commission decision recognizing certain CFTC-regulated SEFs and designated contract markets ("DCMs") as compliant with EU trading obligations.

The CFTC determined that the EU legal framework satisfies the CEA standard for granting an SEF registration exemption. This includes requirements under MiFID II, which becomes applicable on January 3, 2018. The Order also lists 16 specific trading facilities that will be exempted from the registration requirement. On the listed facilities, participants will be able to execute swap trades that are subject to the CFTC trade execution requirement. For swaps that are not subject to the trade execution requirement, the listed facilities will be able to offer trading to

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