CFTC proposes ending SEF order book mandate
The CFTC has proposed removing a 13-year-old order book requirement for certain swap transactions, with public comments due within 30 days of its Federal Register publication. The Commodity Futures Trading Commission said in an Aug. 20 regulatory notice that it is seeking feedback on an amendment to Regulation 37.3(a)(2), which sets the minimum trading functions that a swap execution facility must provide. Under the proposal, a swap execution facility, or SEF, would no longer have to offer an order book for permitted transactions. The change would not prevent a platform from keeping the service when its customers use it, but each SEF could decide whether the costs and resources are justified. Current rules require every registered SEF to maintain an order book for all swaps listed on the platform, including products that traders may execute through other methods. According to the commission, market participants have rarely chosen order books when trading permitted transactions, even though the facilities remain available. “Today‘s action continues the agency’s commitment to prescribing the minimum effective dose of regulation for market participants,” CFTC Chair Michael Selig said. Selig added that removing what he called “excessive requirements” would keep the commission aligned with its principles-based approach to derivatives regulation. CFTC proposal separates two









