The Asset Management Group of SIFMA provides comments to the Commodity Futures Trading Commission (CFTC) on the Javelin SEF, LLC’s (Javelin) “determination” that certain interest rate swaps are “made available to trade” (MAT) and should therefore become subject to the trade execution requirement of the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Industry Filing 13-06.  

On November 29, 2013, SIFMA AMG received notification from Javelin that it had amended their October 12, 2013 “determination” (October MAT Determination) by radically narrowing the scope of contracts intended to be MAT. The comment period for the October MAT Determination was scheduled to close on December 2, 2013 and we were prepared to submit a comment letter raising serious concerns with the October MAT Determination on that date.  SIFMA AMG expects that the CFTC will now open a 30-day comment period for this new submission and restart the 90-day review period under CFTC regulations for this latest submission, because the revisions that Javelin has made essentially amount to an entirely different rule that Javelin is certifying.

SIFMA AMG supports an orderly transition to the CFTC’s new trade execution requirement paradigm. However, market participants, including SIFMA AMG’s members, will be at significant risk of harm if that transition is not managed properly. SIFMA AMG urges the CFTC to undertake a carefully phased implementation.