The Commodity Futures Trading Commission (CFTC) today issued a Notice of Proposed Rulemaking to further specify types of event contracts that fall within the scope of Commodity Exchange Act (CEA) section 5c(c)(5)(C) and are contrary to the public interest.

The Commission has recently observed an increase in the number and variety of event contracts listed for trading by CFTC-registered exchanges. In addition, it has received applications for exchange registration, and expressions of interest regarding registration, from entities indicating their interest in listing event contracts for trading.

In light of these developments, the Commission proposes to amend CFTC regulation 40.11 to further specify types of event contracts that fall within the scope of CEA section 5c(c)(5)(C) and are contrary to the public interest. The proposal includes a determination that event contracts involving each of the activities enumerated in CEA section 5c(c)(5)(C) (gaming, war, terrorism, assassination, and activity that is unlawful under any Federal or State law) are, as a category, contrary to the public interest and therefore may not be listed for trading or accepted for clearing on or through a CFTC-registered entity.

Further, the proposal defines “gaming” in detail and lists illustrative examples such as staking or risking something of value on the outcome of a political contest, an awards contest, or a game in which one or more athletes compete, or an occurrence or non-occurrence in connection with such a contest or game. Therefore, event contracts involving these illustrative examples of gaming could not be listed for trading or accepted for clearing under this proposal.

Comments must be received on or before July 9, 2024 and will be published on CFTC.gov.