Skip Page Banner  
Skip Navigation

The New Guidance on Cross-Border Application of the U.S. Swap Rules: What Corporate End Users Need to Know

Product Code - LGA204
Speaker(s): Hans Montag, Baker & McKenzie LLP; Matthew F. Kluchenek, Baker & McKenzie LLP
Buy Now
The Dodd-Frank Act applies to foreign swap transactions to the extent they have "a direct and significant connection with activities in, or effect on, commerce of the United States" or contravene rules designed to prevent evasion of the U.S. swap rules.

In its newly released Guidance, the Commodity Futures Trading Commission, which regulates the largest part of the swap market, provides an interpretation of this standard and seeks to clarify which foreign swap transactions are subject to the U.S. rules. Attend this program to learn how this guidance may affect your business and your clients.

Educational Objectives

• Learn how this interpretation will affect corporate end users.
• Understand which types of transactions and counterparties are subject to the U.S. rules.
• Find out which tactical considerations are necessary to streamline compliance with U.S. and foreign swap rules.

Who would benefit most from attending this program?

Treasury, legal and compliance professionals acting on behalf of corporations, in-house counsel, and other end-users of derivatives.

Program Level: Basic

Credit Available: CLE. For additional information, please see the “CLE Credit” tab.

Hans Montag, Baker & McKenzie LLP; Matthew F. Kluchenek, Baker & McKenzie LLP

Hans Montag, Baker & McKenzie LLP
Hans Montag is a partner in the New York office of Baker & McKenzie. He has practiced in the structured finance and derivatives area for almost two decades and currently focuses on advising legal and treasury departments of large domestic and multinational companies on securitization and derivatives.

Mr. Montag earned an LL.M. from New York University School of Law and also holds law degrees from the University of Cologne School of Law in Germany. He is admitted to practice in the State of New York and in Germany.

Matthew F. Kluchenek, Baker & McKenzie LLP
Matthew Kluchenek is a partner in the Chicago office of his firm. He has substantial experience counseling clients with respect to derivatives including futures, swaps, options and other instruments). His experience includes extensive work on regulatory, litigation and transactional matters, and he counsels funds, proprietary trading firms, banks, investment managers, end users, FCMs, IBs, CTAs, CPOs and APs with respect to domestic and international derivatives matters. Mr. Kluchenek also advises clients on matters related to the Commodity Futures Trading Commission, the Securities and Exchange Commission and self-regulatory organizations including CME Group, Inc., the National Futures Association and the Financial Industry Regulatory Authority. He has published numerous articles and is a frequent speaker at industry events on issues relating to the Dodd-Frank Act, Commodity Exchange Act and the rules of the CFTC, CME and NFA.

Mr. Kluchenek earned an LL.M. in Securities & Financial Regulation from the Georgetown University Law Center, a J.D. from Chicago-Kent College of Law, and a B.A. from Loyola University, Chicago. He is admitted to practice in Illinois.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.