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Department of Treasury Proposes to Exempt FX Swaps and FX Forwards from the definition of “swap” under the Commodity Exchange Act

May 18, 2011

On April 29, 2011, the Department of the Treasury (the "Treasury") issued a Notice of Proposed Determination (the "Proposed Determination") to exempt foreign exchange swaps ("FX Swaps") and foreign exchange forwards ("FX Forwards") from the definition of "swap" under the Commodity Exchange Act (the "CEA"). Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act") introduced a comprehensive set of reforms of the over-the-counter derivatives markets intended to reduce risk, increase transparency and provide accountability for market participants. These reforms include real-time public reporting of swap trade data, mandatory central clearing and exchange trading of eligible swaps, capital and margin requirements applicable to swaps, and business conduct rules. The Proposed Determination would exempt FX Swaps and FX Forwards from many of these requirements.

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