Security-Based Swap Execution and Registration and Regulation of Security-Based Swap Execution Facilities

Document 2023-24587 is a Final Rule published by the Securities and Exchange Commission in the Federal Register on December 15, 2023, with an effective date of February 13, 2024. The Securities and Exchange Commission ("SEC" or "Commission") is adopting a set of rules and forms under the Securities Exchange Act of 1934 ("SEA") that would create a regime for the registration and regulation of security-based swap execution facilities ("SBSEFs") and address other issues relating to security- based swap ("SBS") execution generally. One of the rules being adopted implements an element of the Dodd-Frank Act that is intended to mitigate conflicts of interest at SBSEFs and national securities exchanges that trade SBS ("SBS exchanges"). Other rules being adopted address the cross-border application of the SEA's trading venue registration requirements and the trade execution requirement for SBS. In addition, the Commission is amending an existing rule to exempt, from the SEA definition of "exchange," certain registered clearing agencies, as well as registered SBSEFs that provide a market place only for SBS. The Commission is also adopting a new rule that, while affirming that an SBSEF would be a broker under the SEA, exempts a registered SBSEF from certain broker requirements. Further, the Commission is adopting certain new rules and amendments to its Rules of Practice to allow persons who are aggrieved by certain actions by an SBSEF to apply for review by the Commission. Finally, the Commission is delegating new authority to the Director of the Division of Trading and Markets and to the General Counsel to take actions necessary to carry out the rules being adopted. View the original at https://www.federalregister.gov/documents/2023/12/15/2023-24587/security-based-swap-execution-and-registration-and-regulation-of-security-based-swap-execution.

No. Document 2023-24587 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.