U.S. COMMODITY FUTURES TRADING COMMISSION

Three Lafayette Centre

1155 21st Street, NW, Washington, DC 20581

Telephone: (202) 418-5260

Facsimile: (202) 418-5527

Division of

Market Oversight

CFTC Letter No. 13-65

No-Action

October 17, 2013

Division of Market Oversight

Mr. Alex Bobinski

Chief Compliance Officer

GTX SEF LLC

Bedminster One

135 Route 202/206

Bedminster, NJ 07921

Re:Time-Limited No-Action Relief for GTX SEF LLC from the 

Registration Requirements of Section 5h(a)(1) of the Commodity 

Exchange Act and Commission Regulation 37.3(a)(1)

Dear Mr. Bobinski:

This is in response to your letter dated October 1, 2013 (“Letter”), to the Division of 

Market Oversight (“DMO”) of the Commodity Futures Trading Commission (“Commission” or 

“CFTC”). In the Letter, you request, on behalf of GTX SEF LLC (“GTX SEF”), that DMO not 

recommend that the Commission take enforcement action against GTX SEF for failure to 

register as a swap execution facility (“SEF”), or against any market participants for use of, or 

other relationships with, GTX SEF. Specifically, GTX SEF requests that DMO confirm it will 

not recommend to the Commission that it commence an enforcement action against GTX SEF

for violation of Section 5h(a)(1) of the Commodity Exchange Act (the “Act”)1or Commission 

Regulation 37.3(a)(1),

2

or against any other market participant that uses or has other relationships 

with GTX SEF, based on GTX SEF’s failure to register as a SEF.

 

1

Section 5h(a)(1) of the Act provides that “No person may operate a facility for the trading or processing of swaps 

unless the facility is registered as a swap execution facility or as a designated contract market under this section.” 7 

U.S.C. § 7b-3.

2

Commission Regulation 37.3(a)(1) provides that “Any person operating a facility that offers a trading system or 

platform in which more than one market participant has the ability to execute or trade swaps with more than one 

other market participant on the system or platform shall register the facility as a swap execution facility under this 

part or as a designated contract market under part 38 of this chapter.” 17 CFR 37.3(a)(1). 
2

GTX SEF currently operates a U.S.-based multilateral trading platform which brings 

together multiple third-party buying and selling interests in various foreign exchange products, 

including non-deliverable foreign exchange forwards. 

On September 30, 2013, GTX SEF submitted to the Commission, pursuant to 

Commission Regulation 37.3(b), an application for SEF registration. As part of that application, 

GTX SEF requested a grant of temporary SEF registration pursuant to Commission Regulation 

37.3(c).

In its October 1, 2013 no-action relief request, GTX SEF represented that its SEF 

application was complete. In addition, GTX SEF represented that it would, as a condition of any 

relief (1) comply with all of the substantive requirements applicable to SEFs under the 

Commodity Exchange Act and the Commission’s regulations; and (2) comply with any CFTC 

staff-issued guidance or no-action relief applicable to SEFs issued on or after September 26, 

2013.

Given GTX SEF’s pending SEF application and its representations regarding conditions 

of relief, DMO will not recommend that the Commission take enforcement action against GTX 

SEF for failure to register as a SEF under section 5h(a)(1) of the Act or Commission Regulation 

37.3(a)(1), or against any market participants for use of, or other relationships with, GTX SEF, 

based on GTX SEF’s failure to register as a SEF. This no-action relief will commence on 

October 17, 2013 and shall expire upon the earlier of (1) the date that the Commission grants or 

denies temporary SEF Registration to GTX SEF; or (2) November 19, 2013 at 12:01 am EST.

This letter, and the no-action position taken herein, represents the views of DMO only, 

and does not necessarily represent the positions or views of the Commission or of any other 

division or office of the Commission’s staff. The no-action positions taken herein do not excuse 

GTX SEF from compliance with any other applicable requirements of the Act or the 

Commission’s regulations thereunder. As with all no-action letters, DMO retains the authority to 

condition further, modify, suspend, terminate or otherwise restrict the terms of the no-action 

relief provided herein, in its discretion. Nothing in this letter presupposes the merits of GTX 

SEF’s SEF application. That application is pending DMO review and subject to requests for 

additional information and/or changes. 

If you have any questions concerning this correspondence, please contact David Van 

Wagner, Chief Counsel, Division of Market Oversight, at (202) 418-5481 or 

dvanwagner@cftc.gov or Nancy Markowitz, Deputy Director, Division of Market Oversight, at 

(202) 418-5453 or nmarkowitz@cftc.gov.

Sincerely,

Vincent McGonagle

Director