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GAO-14-771R 1 (2014-07-24)

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G     A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



B-326057


July 24, 2014

The Honorable Tim Johnson
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Securities and Exchange Commission: Application of Security-Based Swap
        Dealer and Major Security-Based Swap Participant Definitions to Cross-
        Border Security-Based Swap Activities

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Securities and Exchange Commission (Commission)
entitled Application of Security-Based Swap Dealer and Major Security-Based Swap
Participant Definitions to Cross-Border Security-Based Swap Activities (RIN: 3235-
AL25). We received the rule on June 7, 2014. It was published in the Federal Register
as final rules; interpretation on July 9, 2014. 79 Fed. Reg. 39,068.

The final rule addresses the application of the definition of security-based swap dealer
and major security-based swap participant in the cross-border context. The final rule
also adopts a procedural rule related to the submission of applications for substituted
compliance and addresses the scope of the Commission's authority with respect to
enforcement proceedings under section 929P of the Dodd-Frank Act.

Enclosed is our assessment of the Commission's compliance with the procedural steps
required by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our
review of the procedural steps taken indicates that the Commission complied with the
applicable requirements.


GAO-1 4-771 R