Summary The mission of the Division of Clearing and Risk (DCR) is to promote the integrity of clearing and minimize systemic risk in the derivatives markets by overseeing derivatives clearing organizations (DCOs) and clearing participants. DCR carries out its mission by examining DCOs to identify areas of financial, risk management, and operational concern and for regulatory compliance. The incumbent serves as an Attorney Advisor (General) in the Clearing Policy Branch in DCR. Responsibilities This position is in the CFTC's Division of Clearing and Risk (DCR), which oversees derivatives clearing organizations (DCOs), the clearing of swaps, futures, and options on futures, and market participants that may pose risk to the clearing process. The program is designed to assure that DCOs, DCO clearing participants, other market participants that may pose risk to the clearing process, and the clearing of swaps, futures, and options on futures are in compliance with the Commodity Exchange Act and Commission regulations. The Division consists of the Clearing Policy Branch, Risk Surveillance Branch, International and Domestic Clearing Initiatives Branch, and Examinations Branch, (collectively, Branches) along with their respective subordinate units. As an Attorney Advisor (General) in DCR, you will provide legal services and technical advice as a staff member of the Clearing Policy Branch. In this role you will: Collaborate to develop recommendations regarding whether certain swaps should be subject to a clearing requirement issued by the Commission; Review compliance with existing clearing requirements; Assist with the administration of exceptions and exemptions to the clearing requirement; Furnish advice of a legal nature on assigned projects with respect to the relevant provisions of the CEA and Commission regulations, as well as other relevant statutes, regulations, judicial decisions, and legal opinions; Develop regulations, orders, guidance, and other regulatory approaches applicable to DCOs and other market participants, including rules related to clearing, margining, settlement, and bankruptcy; Respond to formal no-action, exemption, and interpretation requests, as well as formal requests for exemptive orders, and to informal requests for information on areas for which DCR is responsible; Provide support for the DCR examinations branch by evaluating DCO compliance with the CEA and Commission regulations, conduct research regarding novel and complex legal issues, and help prepare examination reports; Provide support for the DCR risk surveillance branch by evaluating DCO rule changes and new product submissions, conduct research regarding novel and complex legal issues, and help prepare written materials; Review DCO rule submissions for compliance with the CEA and applicable Commission regulations; Review and make recommendations regarding applications for DCO registration; Review and provide independent, objective comments, critiques, and recommendations on legislation, changes in regulations, enforcement actions, questions of law, administrative policy, staff reports, and other Commission regulatory matters; and Have extensive contact with the industry, the derivatives bar, other federal agencies, and the public. The successful candidate will assist with activities associated with the responsibilities of the Division. Requirements Conditions of Employment Qualifications BASIC REQUIREMENT: All applicants must possess the following: J.D.; and Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty) AND CT-14 Level: Candidates with a law degree (J.D. or equivalent) and bar membership and 4 years of relevant legal experience after completion of law school. Relevant legal experience is defined as attorneys, law clerk, or other legal experience which was obtained after graduation from a law school. Legal and non-legal experience gained in the Federal government or private sector prior to completing a law degree cannot be used to satisfy the legal experience requirement. Work while in law school does not count. Desired Qualifications: Expert skill in research and analysis of complex legal issues. Expert knowledge of derivatives or related law, financial markets, corporate law, and general administrative law. Education Successful completion of a full course of study (J.D.) in a school of law accredited by the American Bar Association (ABA). To be creditable, education must have been obtained in an accredited college or university. You must report only attendance and/or degrees from schools accredited by accrediting institutions that are recognized by the U.S. Department of Education. For a list of schools that meet this criterion, see www.ed.gov. SPECIAL INSTRUCTIONS FOR FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html Additional Information Relocation: Relocation expenses will not be paid. Probationary/Trial Period: As a condition of employment for accepting this position, you may be required to serve a 1-year probationary or a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider: Your performance and conduct; The needs and interests of the agency; Whether your continued employment would advance organizational goals of the agency or the Government; and Whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary/trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest. This is a Bargaining Unit position located in the National Treasury Employee Union (NTEU) Chapter 337. The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation. More than the number of positions listed may be filled through this vacancy announcement. The overall salary range is provided for informational purposes as it represents the full range that is applicable to current employees in this occupation/grade. A new hire's direct and overall experience are critical factors in determining a salary offer, therefore, it is important that your resume fully reflects all of your work experience. Note that the upper end of each range is typically applicable only to candidates with significant years of work experience and qualifications Please review the CFTC Compensation Program website for additional information. The law prohibits public officials from appointing, promoting, or recommending their relatives. The law prohibits requesting, making, transmitting, accepting, or considering political recommendations for employment or other personnel actions for non-political positions. This includes recommendations from Members of Congress, Congressional employees, elected state or local officials, and political party officials and any recommendation based on party affiliation.
