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The American Bankers Association (ABA) is requesting guidance on rulemaking in an interpretive letter on exemptive relief from the CFTC and SEC on the eligible contract participant (ECP) definition in CEA Section 1a(18), which is incorporated by reference in SEA Section 3(a)(65). As a result of the Dodd-Frank Act, only ECPs will be able to enter into over-the-counter (OTC) swaps. Without clarity as to the scope of the ECP definition, banks will not be able to enter into swaps with persons that may not be ECPs (given the risk of violating the CEA by entering into prohibited transactions). This