Page 296 - 《期货和衍生品行业监管动态》（2022年合集）

期货和衍生品行业监管动态

According to the order, for more than five years, from 2016 through at least 2021,
BNPP failed to correctly report numerous swap transactions to a swap data repository

(SDR) as required by the CEA and CFTC regulations. BNPP did not report more than

6,000 swap transactions with U.S. persons, because the counterparties had been

incorrectly classified as non-U.S. persons. As a result, BNPP failed to make more

than 300,000 reports relating to these transactions. These reports are required by the

CEA and CFTC regulations.

The order also finds that BNPP also entered into more than 3 million swap

transactions during this period that were incorrectly reported under the CFTC’s rules.

From 2016 to 2018, the swap dealer also failed to correctly report thousands of

bunched trades. Instead of correctly reporting them as allocations of trades, BNPP

reported these transactions as new trades. In addition, from 2016 to 2020, BNPP

incorrectly reported certain commodity swaps. These trades were reported, but were
incorrectly described as equity trades rather than commodity trades. In total,

approximately 3,000 transactions were incorrectly reported in this fashion.

Moreover, during the period 2016 to 2017, as the order finds, BNPP adjusted

daily mark disclosures for 82 swap transactions, which resulted in approximately

19,000 adjusted daily mark disclosures being made to the relevant swap

counterparties, contrary to the requirements of the CEA and CFTC regulations.

In accepting BNPP’s Offer of Settlement, the CFTC recognizes BNPP’s

substantial cooperation during the Division of Enforcement’s investigation of this

matter. The CFTC notes that BNPP’s cooperation and remediation are recognized in

the form of a substantially reduced civil monetary penalty.

https://www.cftc.gov/PressRoom/PressReleases/8552-22

6. 美国商品期货交易委员会命令摩根大通为其互换交易报告违规行为支付 85

万美元 （2022 年 7 月 5 日）

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