---
kind: "section"
citation: "7 U.S.C. § 7a–1"
title: "7"
title_heading: "Agriculture"
number: "7a–1"
heading: "Derivatives clearing organizations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7a-1"
units:
  - "Chapter 1 — Commodity Exchanges"
---

# §7a–1. Derivatives clearing organizations

- (a) **Registration requirement—**
  - (1) **In general—** Except as provided in [paragraph (2)](#a-2), it shall be unlawful for a [derivatives clearing organization](/usc/7/1a.md?p=15-A), directly or indirectly, to make use of the mails or any means or instrumentality of [interstate commerce](/usc/7/1a.md?p=30) to perform the functions of a [derivatives clearing organization](/usc/7/1a.md?p=15-A) with respect to—
    - (A) a [contract of sale](/usc/7/1a.md?p=13) of a [commodity](/usc/7/1a.md?p=9) for [future delivery](/usc/7/1a.md?p=27) (or an [option](/usc/7/1a.md?p=36) on the [contract of sale](/usc/7/1a.md?p=13)) or [option](/usc/7/1a.md?p=36) on a [commodity](/usc/7/1a.md?p=9), in each case, unless the contract or [option](/usc/7/1a.md?p=36) is—
      - (i) excluded from this chapter by subsection (a)(1)(C)(i), (c), or (f) of [section 2 of this title](/usc/7/2.md); or
      - (ii) a [security futures product](/usc/7/1a.md?p=45) cleared by a clearing agency registered with the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) under the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78a](/usc/15/78a.md) et seq.); or
    - (B) a [swap](/usc/7/1a.md?p=47-A).
  - (2) **Exception—** [Paragraph (1)](#a-1) shall not apply to a [derivatives clearing organization](/usc/7/1a.md?p=15-A) that is registered with the [Commission](/usc/7/1a.md?p=8).
- (b) **Voluntary registration—** A [person](/usc/7/1a.md?p=38) that clears 1 or more agreements, contracts, or transactions that are not required to be cleared under this chapter may register with the [Commission](/usc/7/1a.md?p=8) as a [derivatives clearing organization](/usc/7/1a.md?p=15-A).
- (c) **Registration of derivatives clearing organizations—**
  - (1) **Application—** A [person](/usc/7/1a.md?p=38) desiring to register as a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall submit to the [Commission](/usc/7/1a.md?p=8) an application in such form and containing such information as the [Commission](/usc/7/1a.md?p=8) may require for the purpose of making the determinations required for approval under [paragraph (2)](#c-2).
  - (2) **Core principles for derivatives clearing organizations—**
    - (A) **Compliance—**
      - (i) **In general—** To be registered and to maintain registration as a [derivatives clearing organization](/usc/7/1a.md?p=15-A), a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall comply with each core principle described in this paragraph and any requirement that the [Commission](/usc/7/1a.md?p=8) may impose by rule or regulation pursuant to [section 12a(5) of this title](/usc/7/12a.md?p=5).
      - (ii) **Discretion of derivatives clearing organization—** Subject to any rule or regulation prescribed by the [Commission](/usc/7/1a.md?p=8), a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall have reasonable discretion in establishing the manner by which the [derivatives clearing organization](/usc/7/1a.md?p=15-A) complies with each core principle described in this paragraph.
    - (B) **Financial resources—**
      - (i) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall have adequate financial, operational, and managerial resources, as determined by the [Commission](/usc/7/1a.md?p=8), to discharge each responsibility of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
      - (ii) **Minimum amount of financial resources—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall possess financial resources that, at a minimum, exceed the total amount that would—
        - (I) enable the organization to meet its financial obligations to its [members](/usc/7/1a.md?p=34) and participants notwithstanding a default by the [member](/usc/7/1a.md?p=34) or participant creating the largest financial exposure for that organization in extreme but plausible [market](/usc/7/198.md?p=1) conditions; and
        - (II) enable the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to cover the operating costs of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) for a period of 1 year (as calculated on a rolling basis).
    - (C) **Participant and product eligibility—**
      - (i) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall establish—
        - (I) appropriate admission and continuing eligibility standards (including sufficient financial resources and operational capacity to meet obligations arising from participation in the [derivatives clearing organization](/usc/7/1a.md?p=15-A)) for [members](/usc/7/1a.md?p=34) of, and participants in, the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (II) appropriate standards for determining the eligibility of agreements, contracts, or transactions submitted to the [derivatives clearing organization](/usc/7/1a.md?p=15-A) for clearing.
      - (ii) **Required procedures—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall establish and implement procedures to verify, on an ongoing basis, the compliance of each participation and membership requirement of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
      - (iii) **Requirements—** The participation and membership requirements of each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
        - (I) be objective;
        - (II) be publicly disclosed; and
        - (III) permit fair and open access.
    - (D) **Risk management—**
      - (i) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall ensure that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) possesses the ability to manage the risks associated with discharging the responsibilities of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) through the use of appropriate tools and procedures.
      - (ii) **Measurement of credit exposure—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
        - (I) not less than once during each business day of the [derivatives clearing organization](/usc/7/1a.md?p=15-A), measure the credit exposures of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to each [member](/usc/7/1a.md?p=34) and participant of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (II) monitor each exposure described in [subclause (I)](#c-2-D-ii-I) periodically during the business day of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
      - (iii) **Limitation of exposure to potential losses from defaults—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A), through margin requirements and other risk control mechanisms, shall limit the exposure of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to potential losses from defaults by [members](/usc/7/1a.md?p=34) and participants of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to ensure that—
        - (I) the operations of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) would not be disrupted; and
        - (II) nondefaulting [members](/usc/7/1a.md?p=34) or participants would not be exposed to losses that nondefaulting [members](/usc/7/1a.md?p=34) or participants cannot anticipate or control.
      - (iv) **Margin requirements—** The margin required from each [member](/usc/7/1a.md?p=34) and participant of a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall be sufficient to cover potential exposures in normal [market](/usc/7/198.md?p=1) conditions.
      - (v) **Requirements regarding models and parameters—** Each model and parameter used in setting margin requirements under [clause (iv)](#c-2-D-iv) shall be—
        - (I) risk-based; and
        - (II) reviewed on a regular basis.
    - (E) **Settlement procedures—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
      - (i) complete money settlements on a timely basis (but not less frequently than once each business day);
      - (ii) [employ](/usc/7/499a.md?p=b-10) money settlement arrangements to eliminate or strictly limit the exposure of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to settlement [bank](/usc/7/27.md?p=a) risks (including credit and liquidity risks from the use of [banks](/usc/7/27.md?p=a) to effect money settlements);
      - (iii) ensure that money settlements are final when effected;
      - (iv) maintain an accurate record of the flow of funds associated with each money settlement;
      - (v) possess the ability to comply with each term and condition of any permitted netting or offset arrangement with any other clearing organization;
      - (vi) regarding physical settlements, establish rules that clearly [state](/usc/7/198.md?p=5) each obligation of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) with respect to physical deliveries; and
      - (vii) ensure that each risk arising from an obligation described in [clause (vi)](#c-2-E-vi) is identified and managed.
    - (F) **Treatment of funds—**
      - (i) **Required standards and procedures—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall establish standards and procedures that are designed to protect and ensure the safety of [member](/usc/7/1a.md?p=34) and participant funds and assets.
      - (ii) **Holding of funds and assets—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall hold [member](/usc/7/1a.md?p=34) and participant funds and assets in a manner by which to minimize the risk of loss or of delay in the access by the [derivatives clearing organization](/usc/7/1a.md?p=15-A) to the assets and funds.
      - (iii) **Permissible investments—** Funds and assets invested by a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall be held in instruments with minimal credit, [market](/usc/7/198.md?p=1), and liquidity risks.
    - (G) **Default rules and procedures—**
      - (i) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall have rules and procedures designed to allow for the efficient, fair, and safe management of events during which [members](/usc/7/1a.md?p=34) or participants—
        - (I) become insolvent; or
        - (II) otherwise default on the obligations of the [members](/usc/7/1a.md?p=34) or participants to the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
      - (ii) **Default procedures—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
        - (I) clearly [state](/usc/7/198.md?p=5) the default procedures of the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
        - (II) make publicly available the default rules of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (III) ensure that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) may take timely action—
          - (aa) to contain losses and liquidity pressures; and
          - (bb) to continue meeting each obligation of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
    - (H) **Rule enforcement—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
      - (i) maintain adequate arrangements and resources for—
        - (I) the effective monitoring and enforcement of compliance with the rules of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (II) the resolution of disputes;
      - (ii) have the authority and ability to discipline, limit, suspend, or terminate the activities of a [member](/usc/7/1a.md?p=34) or participant due to a violation by the [member](/usc/7/1a.md?p=34) or participant of any rule of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
      - (iii) report to the [Commission](/usc/7/1a.md?p=8) regarding rule enforcement activities and sanctions imposed against [members](/usc/7/1a.md?p=34) and participants as provided in [clause (ii)](#c-2-H-ii).
    - (I) **System safeguards—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
      - (i) establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk through the development of appropriate controls and procedures, and automated systems, that are reliable, secure, and have adequate scalable capacity;
      - (ii) establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allows for—
        - (I) the timely recovery and resumption of operations of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (II) the fulfillment of each obligation and responsibility of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
      - (iii) periodically conduct tests to verify that the backup resources of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) are sufficient to ensure daily processing, clearing, and settlement.
    - (J) **Reporting—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall provide to the [Commission](/usc/7/1a.md?p=8) all information that the [Commission](/usc/7/1a.md?p=8) determines to be necessary to conduct oversight of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
    - (K) **Recordkeeping—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall maintain records of all activities related to the business of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) as a [derivatives clearing organization](/usc/7/1a.md?p=15-A)—
      - (i) in a form and manner that is acceptable to the [Commission](/usc/7/1a.md?p=8); and
      - (ii) for a period of not less than 5 years.
    - (L) **Public information—**
      - (i) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall provide to [market](/usc/7/198.md?p=1) participants sufficient information to enable the [market](/usc/7/198.md?p=1) participants to identify and evaluate accurately the risks and costs associated with using the services of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
      - (ii) **Availability of information—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall make information concerning the rules and operating and default procedures governing the clearing and settlement systems of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) available to [market](/usc/7/198.md?p=1) participants.
      - (iii) **Public disclosure—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall disclose publicly and to the [Commission](/usc/7/1a.md?p=8) information concerning—
        - (I) the terms and conditions of each contract, agreement, and transaction cleared and settled by the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
        - (II) each clearing and other fee that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) charges the [members](/usc/7/1a.md?p=34) and participants of the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
        - (III) the margin-setting methodology, and the size and composition, of the financial resource package of the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
        - (IV) daily settlement prices, volume, and open interest for each contract settled or cleared by the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (V) any other matter relevant to participation in the settlement and clearing activities of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
    - (M) **Information-sharing—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
      - (i) enter into, and abide by the terms of, each appropriate and applicable domestic and international information-sharing agreement; and
      - (ii) use relevant information obtained from each agreement described in [clause (i)](#c-2-M-i) in carrying out the risk management program of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
    - (N) **Antitrust considerations—** Unless necessary or appropriate to achieve the purposes of this chapter, a [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall not—
      - (i) adopt any rule or take any action that results in any unreasonable restraint of trade; or
      - (ii) impose any material anticompetitive burden.
    - (O) **Governance fitness standards—**
      - (i) **Governance arrangements—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall establish governance arrangements that are transparent—
        - (I) to fulfill public interest requirements; and
        - (II) to permit the consideration of the views of owners and participants.
      - (ii) **Fitness standards—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall establish and enforce appropriate fitness standards for—
        - (I) directors;
        - (II) [members](/usc/7/1a.md?p=34) of any disciplinary committee;
        - (III) [members](/usc/7/1a.md?p=34) of the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
        - (IV) any other individual or entity with direct access to the settlement or clearing activities of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
        - (V) any party affiliated with any individual or entity described in this clause.
    - (P) **Conflicts of interest—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall—
      - (i) establish and enforce rules to minimize conflicts of interest in the decision-making process of the [derivatives clearing organization](/usc/7/1a.md?p=15-A); and
      - (ii) establish a process for resolving conflicts of interest described in [clause (i)](#c-2-P-i).
    - (Q) **Composition of governing boards—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall ensure that the composition of the governing [board](/usc/7/1a.md?p=5) or committee of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) includes [market](/usc/7/198.md?p=1) participants.
    - (R) **Legal risk—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall have a well-founded, transparent, and enforceable legal framework for each aspect of the activities of the [derivatives clearing organization](/usc/7/1a.md?p=15-A).
  - (3) **Orders concerning competition—** A [derivatives clearing organization](/usc/7/1a.md?p=15-A) may request the [Commission](/usc/7/1a.md?p=8) to issue an order concerning whether a rule or practice of the applicant is the least anticompetitive means of achieving the objectives, purposes, and policies of this chapter.
- (d) **Existing derivatives clearing organizations—** A [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall be deemed to be registered under this section to the extent that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) clears agreements, contracts, or transactions for a [board of trade](/usc/7/1a.md?p=6) that has been designated by the [Commission](/usc/7/1a.md?p=8) as a contract [market](/usc/7/198.md?p=1) for such agreements, contracts, or transactions before December 21, 2000.
- (e) **Appointment of trustee—**
  - (1) **In general—** If a proceeding under [section 7b of this title](/usc/7/7b.md) results in the suspension or revocation of the registration of a [derivatives clearing organization](/usc/7/1a.md?p=15-A), or if a [derivatives clearing organization](/usc/7/1a.md?p=15-A) withdraws from registration, the [Commission](/usc/7/1a.md?p=8), on notice to the [derivatives clearing organization](/usc/7/1a.md?p=15-A), may apply to the appropriate United States district court where the [derivatives clearing organization](/usc/7/1a.md?p=15-A) is located for the appointment of a trustee.
  - (2) **Assumption of jurisdiction—** If the [Commission](/usc/7/1a.md?p=8) applies for appointment of a trustee under [paragraph (1)](#e-1)—
    - (A) the court may take exclusive jurisdiction over the [derivatives clearing organization](/usc/7/1a.md?p=15-A) and the records and assets of the [derivatives clearing organization](/usc/7/1a.md?p=15-A), wherever located; and
    - (B) if the court takes jurisdiction under [subparagraph (A)](#e-2-A), the court shall appoint the [Commission](/usc/7/1a.md?p=8), or a [person](/usc/7/1a.md?p=38) designated by the [Commission](/usc/7/1a.md?p=8), as trustee with power to take possession and continue to operate or terminate the operations of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) in an orderly manner for the protection of participants, subject to such terms and conditions as the court may prescribe.
- (f) **Linking of regulated clearing facilities—**
  - (1) **In general—** The [Commission](/usc/7/1a.md?p=8) shall facilitate the linking or coordination of [derivatives clearing organizations](/usc/7/1a.md?p=15-A) registered under this chapter with other regulated clearance facilities for the coordinated settlement of cleared transactions. In order to minimize systemic risk, under no circumstances shall a [derivatives clearing organization](/usc/7/1a.md?p=15-A) be compelled to accept the counterparty credit risk of another clearing organization.
  - (2) **Coordination—** In carrying out [paragraph (1)](#f-1), the [Commission](/usc/7/1a.md?p=8) shall coordinate with the Federal banking agencies and the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8).
- (g) **Existing depository institutions and clearing agencies—**
  - (1) **In general—** A depository institution or clearing agency registered with the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) under the [Securities](/usc/7/1a.md?p=41) Exchange Act of 1934 ([15 U.S.C. 78a](/usc/15/78a.md) et seq.) that is required to be registered as a [derivatives clearing organization](/usc/7/1a.md?p=15-A) under this section is deemed to be registered under this section to the extent that, before July 21, 2010—
    - (A) the depository institution [cleared swaps](/usc/7/1a.md?p=7) as a multilateral clearing organization; or
    - (B) the clearing agency [cleared swaps](/usc/7/1a.md?p=7).
  - (2) **Conversion of depository institutions—** A depository institution to which this subsection applies may, by the vote of the shareholders owning not less than 51 percent of the voting interests of the depository institution, be converted into a [State](/usc/7/198.md?p=5) corporation, partnership, limited liability company, or similar legal form pursuant to a plan of conversion, if the conversion is not in contravention of applicable [State](/usc/7/198.md?p=5) law.
  - (3) **Sharing of information—** The [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) shall make available to the [Commission](/usc/7/1a.md?p=8), upon request, all information determined to be relevant by the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) regarding a clearing agency deemed to be registered with the [Commission](/usc/7/1a.md?p=8) under [paragraph (1)](#g-1).
- (h) **Exemptions—** The [Commission](/usc/7/1a.md?p=8) may exempt, conditionally or unconditionally, a [derivatives clearing organization](/usc/7/1a.md?p=15-A) from registration under this section for the clearing of [swaps](/usc/7/1a.md?p=47-A) if the [Commission](/usc/7/1a.md?p=8) determines that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) is subject to comparable, comprehensive supervision and regulation by the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) or the appropriate government authorities in the home country of the organization. Such conditions may include, but are not limited to, requiring that the [derivatives clearing organization](/usc/7/1a.md?p=15-A) be available for inspection by the [Commission](/usc/7/1a.md?p=8) and make available all information requested by the [Commission](/usc/7/1a.md?p=8).
- (i) **Designation of chief compliance officer—**
  - (1) **In general—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) shall designate an individual to serve as a chief compliance officer.
  - (2) **Duties—** The chief compliance officer shall—
    - (A) report directly to the [board](/usc/7/1a.md?p=5) or to the senior officer of the [derivatives clearing organization](/usc/7/1a.md?p=15-A);
    - (B) review the compliance of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) with respect to the core principles described in [subsection (c)(2)](#c-2);
    - (C) in consultation with the [board](/usc/7/1a.md?p=5) of the [derivatives clearing organization](/usc/7/1a.md?p=15-A), a body performing a function similar to the [board](/usc/7/1a.md?p=5) of the [derivatives clearing organization](/usc/7/1a.md?p=15-A), or the senior officer of the [derivatives clearing organization](/usc/7/1a.md?p=15-A), resolve any conflicts of interest that may arise;
    - (D) be responsible for administering each policy and procedure that is required to be established pursuant to this section;
    - (E) ensure compliance with this chapter (including regulations) relating to agreements, contracts, or transactions, including each rule prescribed by the [Commission](/usc/7/1a.md?p=8) under this section;
    - (F) establish procedures for the remediation of noncompliance issues identified by the compliance officer through any—
      - (i) compliance office review;
      - (ii) look-back;
      - (iii) internal or external audit finding;
      - (iv) self-reported error; or
      - (v) validated complaint; and
    - (G) establish and follow appropriate procedures for the handling, management response, remediation, retesting, and closing of noncompliance issues.
  - (3) **Annual reports—**
    - (A) **In general—** In accordance with rules prescribed by the [Commission](/usc/7/1a.md?p=8), the chief compliance officer shall annually prepare and sign a report that contains a description of—
      - (i) the compliance of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) of the compliance officer with respect to this chapter (including regulations); and
      - (ii) each policy and procedure of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) of the compliance officer (including the code of ethics and conflict of interest policies of the [derivatives clearing organization](/usc/7/1a.md?p=15-A)).
    - (B) **Requirements—** A compliance report under [subparagraph (A)](#i-3-A) shall—
      - (i) accompany each appropriate financial report of the [derivatives clearing organization](/usc/7/1a.md?p=15-A) that is required to be furnished to the [Commission](/usc/7/1a.md?p=8) pursuant to this section; and
      - (ii) include a certification that, under penalty of law, the compliance report is accurate and complete.
- (k) **1 Reporting requirements—**
  - (1) **Duty of derivatives clearing organizations—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) that clears [swaps](/usc/7/1a.md?p=47-A) shall provide to the [Commission](/usc/7/1a.md?p=8) all information that is determined by the [Commission](/usc/7/1a.md?p=8) to be necessary to perform each responsibility of the [Commission](/usc/7/1a.md?p=8) under this chapter.
  - (2) **Data collection and maintenance requirements—** The [Commission](/usc/7/1a.md?p=8) shall adopt data collection and maintenance requirements for [swaps](/usc/7/1a.md?p=47-A) cleared by [derivatives clearing organizations](/usc/7/1a.md?p=15-A) that are comparable to the corresponding requirements for—
    - (A) [swaps](/usc/7/1a.md?p=47-A) data reported to [swap data repositories](/usc/7/1a.md?p=48); and
    - (B) [swaps](/usc/7/1a.md?p=47-A) traded on [swap execution facilities](/usc/7/1a.md?p=50).
  - (3) **Reports on security-based swap agreements to be shared with the Securities and Exchange Commission—**
    - (A) **In general—** A [derivatives clearing organization](/usc/7/1a.md?p=15-A) that clears [security-based swap](/usc/7/1a.md?p=42) agreements (as defined in [section 1a(47)(A)(v) of this title](/usc/7/1a.md?p=47-A-v)) shall, upon request, open to inspection and examination to the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8) all books and records relating to such [security-based swap](/usc/7/1a.md?p=42) agreements, consistent with the confidentiality and disclosure requirements of [section 12 of this title](/usc/7/12.md).
    - (B) **Jurisdiction—** Nothing in this paragraph shall affect the exclusive jurisdiction of the [Commission](/usc/7/1a.md?p=8) to prescribe recordkeeping and reporting requirements for a [derivatives clearing organization](/usc/7/1a.md?p=15-A) that is registered with the [Commission](/usc/7/1a.md?p=8).
  - (4) **Information sharing—** Subject to [section 12 of this title](/usc/7/12.md), and upon request, the [Commission](/usc/7/1a.md?p=8) shall share information collected under [paragraph (2)](#k-2) with—
    - (A) the [Board](/usc/7/1a.md?p=5);
    - (B) the [Securities](/usc/7/1a.md?p=41) and [Exchange](/usc/7/1a.md?p=1-D) [Commission](/usc/7/1a.md?p=8);
    - (C) each appropriate [prudential regulator](/usc/7/1a.md?p=39);
    - (D) the Financial Stability Oversight Council;
    - (E) the Department of Justice; and
    - (F) any other [person](/usc/7/1a.md?p=38) that the [Commission](/usc/7/1a.md?p=8) determines to be appropriate, including—
      - (i) foreign financial supervisors (including [foreign futures authorities](/usc/7/1a.md?p=26));
      - (ii) foreign central [banks](/usc/7/27.md?p=a); and
      - (iii) foreign ministries.
  - (5) **Confidentiality agreement—** Before the [Commission](/usc/7/1a.md?p=8) may share information with any entity described in [paragraph (4)](#k-4), the [Commission](/usc/7/1a.md?p=8) shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in [section 12 of this title](/usc/7/12.md) relating to the information on [swap](/usc/7/1a.md?p=47-A) transactions that is provided.
  - (6) **Public information—** Each [derivatives clearing organization](/usc/7/1a.md?p=15-A) that clears [swaps](/usc/7/1a.md?p=47-A) shall provide to the [Commission](/usc/7/1a.md?p=8) (including any designee of the [Commission](/usc/7/1a.md?p=8)) information under [paragraph (2)](#k-2) in such form and at such frequency as is required by the [Commission](/usc/7/1a.md?p=8) to comply with the public reporting requirements contained in [section 2(a)(13) of this title](/usc/7/2.md?p=a-13).

## Footnotes

[^1]: So in original. No subsec. (j) has been enacted.

## Source credit

(Sept. 21, 1922, ch. 369, § 5b, as added Pub. L. 106–554, § 1(a)(5) [title I, § 112(f)], Dec. 21, 2000, 114 Stat. 2763, 2763A–396; amended Pub. L. 111–203, title VII, §§ 721(e)(6), 725(a)–(c), (e), (h), July 21, 2010, 124 Stat. 1671, 1685–1687, 1693, 1695; Pub. L. 114–94, div. G, title LXXXVI, § 86001(a), Dec. 4, 2015, 129 Stat. 1797.)

## Notes

### Editorial Notes

### References in Text

The Securities Exchange Act of 1934, referred to in subsecs. (a)(1)(A)(ii) and (g)(1), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.

### Prior Provisions

A prior section 5b of act Sept. 21, 1922, was renumbered section 5e, and is classified to section 7b of this title.

### Amendments

2015—Subsec. (k)(5). Pub. L. 114–94 amended par. (5) generally. Prior to amendment, text read as follows: “Before the Commission may share information with any entity described in paragraph (4)—

“(A) the Commission shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 12 of this title relating to the information on swap transactions that is provided; and

“(B) each entity shall agree to indemnify the Commission for any expenses arising from litigation relating to the information provided under section 12 of this title.”

2010—Subsec. (a). Pub. L. 111–203, § 725(a), added subsec. (a) and struck out former subsec. (a) which related to registration requirement of derivatives clearing organizations.

Pub. L. 111–203, § 721(e)(6), substituted “section 1a” for “section 1a(9)” in introductory provisions.

Subsec. (b). Pub. L. 111–203, § 725(a), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “A derivatives clearing organization that clears agreements, contracts, or transactions excluded from this chapter by section 2(c), 2(d), 2(f), or 2(g) of this title or sections 27 to 27f of this title, or exempted under section 2(h) or 6(c) of this title, or other over-the-counter derivative instruments (as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991) may register with the Commission as a derivatives clearing organization.”

Subsec. (c)(2). Pub. L. 111–203, § 725(c), added par. (2) and struck out former par. (2) which related to core principles for derivatives clearing organizations.

Subsec. (f)(1). Pub. L. 111–203, § 725(h), inserted at end “In order to minimize systemic risk, under no circumstances shall a derivatives clearing organization be compelled to accept the counterparty credit risk of another clearing organization.”

Subsecs. (g) to (i). Pub. L. 111–203, § 725(b), added subsecs. (g) to (i).

Subsec. (k). Pub. L. 111–203, § 725(e), added subsec. (k).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Pub. L. 114–94, div. G, title LXXXVI, § 86001(d), Dec. 4, 2015, 129 Stat. 1798, provided that: “The amendments made by this section [amending this section, section 24a of this title, and section 78m of Title 15, Commerce and Trade] shall take effect as if enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203).”

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as a note under section 1a of this title.

### Conflicts of Interest

Pub. L. 111–203, title VII, § 725(d), July 21, 2010, 124 Stat. 1692, provided that: “The Commodity Futures Trading Commission shall adopt rules mitigating conflicts of interest in connection with the conduct of business by a swap dealer or a major swap participant with a derivatives clearing organization, board of trade, or a swap execution facility that clears or trades swaps in which the swap dealer or major swap participant has a material debt or material equity investment.”

[For definitions of terms used in section 725(d) of Pub. L. 111–203, set out above, see section 5301 of Title 12, Banks and Banking.]