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GAO-12-273R 1 (2011-12-05)

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          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322766


          December 5, 2011

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

          The Honorable Frank D. Lucas
          Chairman
          The Honorable Collin C. Peterson
          Ranking Member
          Committee on Agriculture
          House of Representatives

          Subject: Commodity Futures Trading Commission: Position Limits for Futures and
                   Swaps

          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 Position Limits for Futures and Swaps (RIN: 3038-AD17).
          We received the rule on November 16, 2011. It was published in the Federal
          Register as a final rule and interim final rule on November 18, 2011, with a stated
          effective date of January 17, 2012. 76 Fed. Reg. 71,626.

          The final rule establishes a position limits regime for 28 exempt and agricultural
          commodity futures and options contracts and the physical commodity swaps that are
          economically equivalent to such contracts. The rule also imposes aggregate
          position limits across different trading venues to contracts based on the same
          underlying commodity. In addition to developing position limits for these contracts,
          the rule implements a new statutory definition of bona fide hedging transactions,
          revises the standards for aggregation of positions, and establishes position visibility
          reporting requirements. The rule requires designated contract markets and swap
          execution facilities that are trading facilities to set position limits for exempt and
          agricultural commodity contracts and establish acceptable practices for position
          limits and position accountability rules in other commodities.


GAO-12-273R

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