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Recital 6

Recital 6

(6)The legally binding requirements of the USA for CCPs authorised (the term used in the CFTC framework is ‘registration’) and supervised by the Commodity Futures Trading Commission (CFTC) are contained in the Commodity Exchange Act (‘the CEA’), as amended by Titles VII and VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘the Dodd-Frank Act’), and the CFTC's regulations promulgated thereunder. The CFTC is the competent authority for the supervision of all derivative contracts that are not based on a single security (a bond or share), loan or a narrow based group or index of securities, and is responsible for authorising and regulating CCPs which provide clearing services for those derivative contracts (‘derivative clearing organizations’ or ‘DCOs’). The derivative contracts falling under the competence of the CFTC therefore correspond to a subset of the derivative contracts covered by the provisions on CCPs set out in Regulation (EU) No 648/2012. This Decision relates solely to the equivalence of the legal and supervisory arrangements for DCOs and not to the legal and supervisory arrangements for CCPs which provide clearing services for derivative contracts falling under the competence of the Securities and Exchange Commission (‘SEC’). Where a CCP is authorised as both a clearing agency under the jurisdiction of the SEC and a DCO, this Decision relates to those CCPs only in so far as they provide clearing services for derivative contracts falling under the CFTC's jurisdiction.

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