NASDAQ OMX Commodities (“NASDAQ OMX”) has become aware that some of its US members and other participants have been reporting the freight and fuel oil futures and options contracts listed on NASDAQ OMX Oslo (“Exchange”), including those executed through the Exchange’s Block Trade Facility as swaps to swap data repositories (“SDRs”) registered with the Commodity Futures Trading Commission (“CFTC”) in accordance with the CFTC’s Part 45 Rules on swap data reporting. The freight and fuel oil futures and options listed on the Exchange, including those executed through the Block Trade Facility, are “foreign futures and options” as defined in Part 30 of the CFTC Regulations and are not “swaps” as defined in defined in Section 1a(47) of the Commodity Exchange Act (“CEA”) and CFTC Rule 1.3. No freight or fuel oil futures and options contracts listed on the Exchange, including those executed through the Block Trade Facility, should be reported to a CFTC-registered SDR or to the CFTC.
Members and participants of the Exchange that are either financial counterparties or non-financial counterparties as defined in Article 2 of the European Markets Infrastructure Regulation are reminded of their affirmative obligation to report the freight and fuel oil futures and options listed on the Exchange executed either through the ETS or the Block Trade Facility as exchange-traded derivatives to a trade repository either authorised or recognised by the European Securities Market Authority.
For the avoidance of doubt, no member or participant of the Exchange should report any freight or fuel oil futures and options executed either through the ETS or the Block Trade Facility to a CFTC-registered SDR. The freight or fuel oil futures and options executed either through the ETS or the Block Trade Facility are foreign futures and options and are not swaps.
The content of this Notice is subject to change without notice. NASDAQ OMX assumes no responsibility for any errors or omissions and makes no representations or warranties with respect to the information and disclaims all liability for any use you made of the contents.
For further information, please contact NASDAQ OMX Commodities:
Mette Steinsland, Senior Associate General Counsel, phone +47 67528071, firstname.lastname@example.org; or
Jimmy Kvarnstrom, Head of Nordic/Baltic Legal, phone +46 8 405 6830, email@example.com
Sara Aadnesen, Director Corporate Communications, phone +47 9060 0759, firstname.lastname@example.org
About NASDAQ OMX
NASDAQ OMX (NASDAQ: NDAQ) is a leading provider of trading, exchange technology, information and public company services across six continents. Through its diverse portfolio of solutions, NASDAQ OMX enables customers to plan, optimize and execute their business vision with confidence, using proven technologies that provide transparency and insight for navigating today’s global capital markets. As the creator of the world’s first electronic stock market, its technology powers more than 70 marketplaces in 50 countries, and 1 in 10 of the world's securities transactions. NASDAQ OMX is home to more than 3,300 listed companies with a market value of over $8 trillion. To learn more, visit www.nasdaqomx.com
About NASDAQ OMX Commodities
NASDAQ OMX Commodities is the brand name for the NASDAQ OMX Group’s worldwide suite of commodity related products and services. The NASDAQ OMX Commodities offerings include power, natural gas and carbon emission markets, tanker and dry cargo freight, fuel oil, seafood derivatives, iron ore, electricity certificates and clearing services.
NASDAQ OMX Commodities Europe is the trade name of NASDAQ OMX Oslo ASA which is authorized as a commodity derivatives exchange by the Norwegian Ministry of Finance and supervised by the Norwegian Financial Supervisory Authority. All trades with NASDAQ OMX Commodities Europe are subject to clearing with NASDAQ OMX Clearing.
About NASDAQ OMX Clearing
NASDAQ OMX Clearing is the trade name of NASDAQ OMX Clearing AB which is authorized and supervised as a multi-asset clearinghouse by the Swedish Financial Supervisory Authority in Sweden as well as authorized to conduct clearing operation in Norway by the Norwegian Ministry of Finance.
For more information, visit www.nasdaqomx.com/commodities
NASDAQ OMX's Cautionary Note Regarding Forward-Looking Statements
The matters described herein contain forward-looking statements that are made under the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. These statements include, but are not limited to, statements about NASDAQ OMX's products and offerings. We caution that these statements are not guarantees of future performance. Actual results may differ materially from those expressed or implied in the forward-looking statements. Forward-looking statements involve a number of risks, uncertainties or other factors beyond NASDAQ OMX's control. These factors include, but are not limited to factors detailed in NASDAQ OMX's annual report on Form 10-K, and periodic reports filed with the U.S. Securities and Exchange Commission. We undertake no obligation to release any revisions to any forward-looking statements.
This document is being directed solely at and may only be communicated to persons: (i) who have professional experience in matters relating to investments as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "FPO") or, (ii) who are high net worth companies, unincorporated associations and trustees of high value trusts within Article 49(2)(a)-(d) of the FPO, or (iii) to whom it may otherwise be lawful to distribute it (all such persons together being referred to as "Relevant Persons"). Any investment activity to which this document relates is available only to Relevant Persons and will be engaged in only with Relevant Persons.