Reguesting Public Comment on Certification from MarketAxess SEF Corporation to Implement Available-to-Trade Determinations for Certain Credit Default Swaps
The U.S. Commodity Futures Trading Commission (CFTC) is requesting public comment on a certification from MarketAxess SEF Corporation (MarketAxess) to implement available-to-trade determinations for certain credit default swap contracts. MarketAxess submitted its available-to-trade determinations to the CFTC on a self-certified basis pursuant to CFTC regulations 37.10 and 40.6. If MarketAxess’s submission is deemed certified by operation of CFTC regulation 40.6, such swap contracts, whether listed or offered by MarketAxess or any other designated contract market (DCM) or swap execution facility (SEF), will be subject to the trade execution requirement under section 2(h)(8) of the Commodity Exchange Act (CEA). All transactions involving swaps that are subject to the trade execution requirement generally must be executed on either a DCM or a SEF. In addition, to the extent that such transactions are executed on a SEF, they must be executed in accordance with the execution methods prescribed by CFTC regulation 37.9(a)(2).