Summary:
The final determination exempts foreign exchange swaps and foreign exchange forwards from the definition of "swap" under the Commodity Exchange Act ("CEA"). On October 28, 2010, the Treasury previously solicited public comment on a wide range of issues relating to whether foreign exchange swaps and foreign exchange forwards should be exempt from the definition of the term "swap" under the CEA (75 FR 66426). The notice of proposed determination seeking to exempt foreign exchange swaps and foreign exchange forwards from the definition of the term "swap" under the CEA was published on May 5, 2011 (76 FR 25774).