# CFTC Letter No. 14-17: The Division of Clearing and Risk issued a letter providing guidance to ASX Clear (Futures) Pty Limited (“ASXCLF”) regarding compliance with the condition to No-Action Letter 14-07, which requires ASXCLF to comply wit.. > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/CFTC_L14_17 ## Section - **Citation:** CFTC Letter No. 14-17 - **Heading:** The Division of Clearing and Risk issued a letter providing guidance to ASX Clear (Futures) Pty Limited (“ASXCLF”) regarding compliance with the condition to No-Action Letter 14-07, which requires ASXCLF to comply wit.. - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** CFTC Staff Letters (2008-present) / The Division of Clearing and Risk issued a letter providing guidance to ASX Clear (Futures) Pty Limited (“ASXCLF”) regarding compliance with the condition to No-Action Letter 14-07, which requires ASXCLF to comply wit... ## Text Summary: The Division of Clearing and Risk issued a letter providing guidance to ASX Clear (Futures) Pty Limited (“ASXCLF”) regarding compliance with the condition to No-Action Letter 14-07, which requires ASXCLF to comply with the reporting obligations applicable to registered derivatives clearing organizations under the Commissions Part 45 regulations. U.S. COMMODITY FUTURES TRADING COMMISSION Three Lafayette Centre 1155 21st Street, NW, Washington, DC 20581 Telephone: (202) 418-5430 Facsimile: (202) 418-5547 aradhakrishnan@cftc.gov a Ananda Radhakrishnan Director Division of Clearing and Risk CFTC Letter No. 14-17 Other Written Communication February 18, 2014 Division of Clearing and Risk Ms. Amanda J. Harkness Group General Counsel & Company Secretary ASX Group Exchange Centre 20 Bridge Street Sydney NSW 2000 PO Box H224 Australia Square NSW 1215, Australia Dear Ms. Harkness: The purpose of this letter is to provide further guidance to ASX Clear (Futures) Pty Limited ("ASXCLF") regarding compliance with the condition to the no-action relief granted by the Division of Clearing and Risk on February 6, 2014, that ASXCLF comply with the reporting obligations applicable to registered derivatives clearing organizations (“DCOs”) under the Commission's Part 45 regulations. In this regard, please note that if an ASXCLF clearing participant clears through ASXCLF a swap (referred to as the “alpha” swap) that has been reported to a Commission- registered swap data repository (“SDR”) pursuant to Part 45 of the Commission’s regulations1, then ASXCLF must report to an SDR, pursuant to Part 45, data regarding the two swaps resulting from the novation of the alpha swap that had been submitted to ASXCLF for clearing (referred to as the “beta” and “gamma” swaps).2 1 See Swap Data Recordkeeping and Reporting Requirements, 77 Fed. Reg. 2136 (Jan. 13, 2012) (adopting Part 45) hen ASXCLF must report to an SDR, pursuant to Part 45, data regarding the two swaps resulting from the novation of the alpha swap that had been submitted to ASXCLF for clearing (referred to as the “beta” and “gamma” swaps).2 1 See Swap Data Recordkeeping and Reporting Requirements, 77 Fed. Reg. 2136 (Jan. 13, 2012) (adopting Part 45). 2 Pursuant to Commission Regulation 39.12(b)(6), during the clearing process, a swap submitted for clearing to a DCO (the alpha swap) is extinguished or terminated, and two new swaps (the beta and gamma swaps) are created. A DCO must then report the beta and gamma swaps to an SDR under Part 45 and associate the unique swap identifier (“USI”) of the alpha swap with the beta and gamma swap in order for the Commission to confirm that such alpha swaps were cleared. See Statement of the Commission concerning CME Rule 1001 (March 6, 2013), page 6, available at: http://www.cftc.gov/ucm/groups/public/@newsroom/documents/file/statementofthecommission.pdf. Ms. Amanda J. Harkness February 18, 2014 Page 2 2 In order to avoid duplicative reporting for such transactions, ASXCLF should have rules that prohibit the Part 45 reporting of the beta and gamma swaps by the original counterparties to the alpha swap. These rules should make it clear to market participants that ASXCLF is reporting the beta and gamma swaps as if it were a registered DCO under the Part 45 rules. Should you have any questions, please do not hesitate to contact Eric Lashner, Special Counsel, at elashner@cftc.gov, 202-418-5393, or Andrea Musalem, Special Counsel, at amusalem@cftc.gov, 202-418-5167 rparties to the alpha swap. These rules should make it clear to market participants that ASXCLF is reporting the beta and gamma swaps as if it were a registered DCO under the Part 45 rules. Should you have any questions, please do not hesitate to contact Eric Lashner, Special Counsel, at elashner@cftc.gov, 202-418-5393, or Andrea Musalem, Special Counsel, at amusalem@cftc.gov, 202-418-5167. Sincerely, Ananda Radhakrishnan Director cc: Andrea Musalem Eric Lashner See also Commission Regulation 45.4(a) (“[R]eporting counterparties and [DCOs] required to report swap continuation data must do so in a manner sufficient to ensure that all data in the [SDR] concerning the swap remains current and accurate, and includes all changes to the primary economic terms of the swap occurring during the existence of the swap.”); 77 Fed. Reg. at 2153 (“[T]he final rule requires registered entities and reporting counterparties to report continuation data in a manner sufficient to ensure that the information in the SDR concerning the swap is current and accurate, and includes all changes to any of the primary economic terms of the swap.”). ## 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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