# CFTC Letter No. 13-23: Advisory Pertaining to the Effective Date of the Clearing Exemption for Swaps Between Certain Affiliated Entities > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/CFTC_L13_23 ## Section - **Citation:** CFTC Letter No. 13-23 - **Heading:** Advisory Pertaining to the Effective Date of the Clearing Exemption for Swaps Between Certain Affiliated Entities - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CFTC Staff Letters (2008-present) / Advisory Pertaining to the Effective Date of the Clearing Exemption for Swaps Between Certain Affiliated Entities. ## Text Summary: Advisory Pertaining to the Effective Date of the Clearing Exemption for Swaps Between Certain Affiliated Entities. CFTC Staff Advisory No. 13-23 Other Written Communication June 7, 2013 Division of Clearing and Risk DIVISION OF CLEARING AND RISK ADVISORY EFFECTIVE DATE OF THE CLEARING EXEMPTION FOR SWAPS BETWEEN CERTAIN AFFILIATED ENTITIES On April 11, 2013, the Commodity Futures Trading Commission (Commission) published in the Federal Register the final rule “Clearing Exemption for Swaps Between Certain Affiliated Entities,” to exempt swaps between eligible affiliate counterparties within a corporate group from the clearing requirement under the Commodity Exchange Act (CEA or Act), enacted by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).1 The regulations include specific conditions, as well as reporting requirements, that eligible affiliate counterparties must satisfy in order to elect the inter-affiliate exemption from required clearing. The effective date of the rule, as listed in the Federal Register, was June 10, 2013.2 The preamble to the final rule provides that “[t]he clearing requirement under section 2(h)(1)(A) of the CEA and part 50 of the Commission’s regulations shall not apply to a swap executed between affiliated counterparties that have the status of eligible affiliate counterparties, as defined in § 50.52(a), and elect not to clear such swap until the effective date of the rulemaking.”3 Due to certain requirements provided for by the Congressional Review Act,4 the effective date of the final rule has been automatically extended by operation of law, to June 18, 2013 swap executed between affiliated counterparties that have the status of eligible affiliate counterparties, as defined in § 50.52(a), and elect not to clear such swap until the effective date of the rulemaking.”3 Due to certain requirements provided for by the Congressional Review Act,4 the effective date of the final rule has been automatically extended by operation of law, to June 18, 2013. Accordingly, the clearing requirement under section 2(h)(1)(A) of the CEA and part 50 of the Commission’s regulations shall not apply to a swap executed between affiliated counterparties that have the status of eligible affiliate counterparties under the final rule, until 1 Clearing Exemption for Swaps Between Certain Affiliated Entities, 78 FR 21749 (Apr. 11, 2013). 2 Id. at 21750. 3 Id. at 27769. 4 5 U.S.C. § 801(a)(3)(A). June 18, 2013, the new effective date of the final rule “Clearing Exemption for Swaps Between Certain Affiliated Entities.” Issued in Washington, D.C. on June 7, 2013, by the Division of Clearing and Risk __________________________________ ANANDA RADHAKRISHNAN DIRECTOR ## Nearby sections - [CFTC Letter No. 08-03 Eurex Deutschlands Request for No-Action Relief in Connection with the Offer and Sale in the United States of Eight Futures Contracts Based on Security Indices Derived from the Dow Jones STOXX 600 Index.](https://www.frixlaw.com/law-library/statutes/CFTC_L08_03.md) - [CFTC Letter No. 08-05 Eurex Deutschlands Request for No-Action Relief in Connection with the Offer and Sale in the United States of its Futures Contract Based on the RDXxt USD-RDX Extended Index.](https://www.frixlaw.com/law-library/statutes/CFTC_L08_05.md) - [CFTC Letter No. 08-11 Euronext Paris SAs request for no-action relief in connection with the offer and sale in the United States of its futures contracts based on the FTSE EPRA/NAREIT Europe Index and the FTSE EPRA/NAREIT Euro Zone Index.](https://www.frixlaw.com/law-library/statutes/CFTC_L08_11.md) - [CFTC Letter No. 08-13 Eurex Deutschlands Request for No-Action Relief in Connection with the Offer and Sale in the United States of its Futures Contracts Based on the SLI Swiss Leader Index, the Swiss Market Index Midcap, the Dow Jones Eur...](https://www.frixlaw.com/law-library/statutes/CFTC_L08_13.md) - [CFTC Letter No. 08-15 The Division of Clearing and Intermediary Oversight granted exemptive relief from certain of the Part 4 regulations to the registered CPO of a commodity pool, whose shares the CPO intended to publicly offer and to lis...](https://www.frixlaw.com/law-library/statutes/CFTC_L08_15.md) - [CFTC Letter No. 08-17 DCIO received a request for guidance from the Joint Audit Committee concerning FCM regulatory reporting requirements for investments in a money market mutual fund. 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