The CFTC issued an advisory intended to help clarify statements made in a Final Order responding to a petition from independent system operators and regional transmission organizations exempting specified transactions. These exemptions were authorized by a tariff or protocol approved by the Federal Energy Regulatory Commission ("FERC") or the Public Utility Commission of Texas ("PUCT"), from certain provisions of the CEA. Specifically, market participants requested clarification from CFTC Staff in the Division of Clearing and Risk ("DCR") and the Division of Market Oversight ("DMO") about the

The CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") issued a Staff Advisory that outlines the recommended best practices for covered financial institutions to comply with Gramm-Leach-Bliley Act ("GLBA") Title V and CFTC Rule 160 ("Privacy of Consumer Financial Information under Title V of the Gramm-Leach-Bliley Act") regarding security safeguards. Pursuant to CFTC Rule 160, futures commission merchants ("FCMs"), CTAs, CPOs, introducing brokers, retail foreign exchange dealers, swap dealers ("SDs") and major swap participants ("MSPs") must adopt policies and procedures that

The SEC has reopened the comment period for its proposal to amend the disclosure and registration requirements applicable to asset-backed securities ("ABS") in order for interested parties to comment on a new approach for the dissemination of potentially sensitive asset-level data. In 2010, as part of what the industry referred to as Regulation AB II, the SEC proposed to require ABS issuers to file standardized asset-level information on EDGAR in prospectuses and, on an ongoing basis, in periodic reports. Although the SEC noted that requirements to disclose credit scores, income, debt and

The Managed Funds Association ("MFA") submitted additional comments to the SEC to supplement two previous MFA letters regarding the proposed imposition of a capital charge on security-based swap dealers ("SBSDs") when their financial end user counterparties elect to segregate initial margin for uncleared security-based swaps. The letter specified that the MFA is writing "to highlight the protections and safeguards afforded both the SBSDs and the pledgors by tri-party segregation arrangements." The letter included a list of suggested contractual provisions that would be protective of the SBSD

The National Futures Association ("NFA") submitted to the CFTC proposed amendments to NFA Compliance Rule 2-26 ("FCM and IB Regulations") to incorporate the CFTC's Risk Management Program Requirement for futures commission merchants ("FCMs"). CFTC Rule 1.52(c)(1) ("Self-Regulatory Organization Adoption and Surveillance of Minimum Financial Requirements") requires the NFA to adopt rules prescribing risk management requirements for FCMs that "are the same or more stringent" than the requirements in CFTC Rule 1.11 ("Risk Management Program for FCMs"). To comply with CFTC Rule 1.52(c)(1), NFA is