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B-332977 Feb 18, 2021 1 (2021-02-18)

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                     ) 1O    o    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
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B-332977



February 18, 2021

The Honorable Debbie Stabenow
Chairwoman
The Honorable John Boozman
Ranking Member
Committee  on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable David Scott
Chairman
The Honorable Glenn Thompson
Republican Leader
Committee  on Agriculture
House  of Representatives

Subject: Commodity Futures Trading Commission: Capital Requirements of Swap Dealers and
        Major Swap Participants

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Commodity Futures Trading Commission (Commission)  entitled Capital
Requirements of Swap  Dealers and Major Swap Participants (RIN: 3038-AD54). We received
the rule on August 5, 2020. It was published in the Federal Register as a final rule on
September  15, 2020.1 85 Fed. Reg. 57462. The stated effective date of the rule is
November  16, 2020.

According to the Commission, the final rule adopts new regulations imposing minimum capital
requirements and financial reporting requirements on swap dealers and major swap participants
that are not subject to a prudential regulator. Also, the Commission stated that the rule amends
existing capital requirements for futures commission merchants (FMCs) to provide specific
capital deductions for market risk and credit risk for swaps and security-based swaps entered
into by an FMC. Further, the Commission stated that the rule adopts amendments to its
regulations to permit certain entities dually-registered with the Securities and Exchange
Commission  (SEC) to file an SEC Financial and Operational Combined Uniform Single Report
in lieu of Commission financial reports, to require certain Commission registrants to file notices
of certain defined events, and to require notices of bulk transfers to be filed with the
Commission  electronically and within a defined period of time.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,

1 The due date for this major rule report was September 30, 2020. Due to a processing error on
our part, we are delayed in our issuance of this report.

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