Sec. 105. Commodity Exchange Act savings provisions
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Nothing in this Act or any amendment made by this Act shall affect or apply to, or be interpreted to affect or apply to— any agreement, contract, or transaction that is subject to the Commodity Exchange Act ( 7 U.S.C. 1a et seq. ) as— a contract of sale of a commodity for future delivery or an option on such a contract (as those terms are defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); a swap (as defined in that section); a security futures product (as defined in that section); an option authorized under section 4c of that Act ( 7 U.S.C. 6c ); an agreement, contract, or transaction described in section 2(c)(2)(C)(i) of that Act ( 7 U.S.C. 2(c)(2)(C)(i) ); or a leverage transaction authorized under section 19 of that Act ( 7 U.S.C. 23 ); or the activities of any person with respect to any agreement, contract, or transaction described in paragraph (1).
Nothing in this Act authorizes, or shall be interpreted to authorize, a digital commodity exchange, digital commodity broker, or digital commodity dealer to engage in any activities involving any transaction, contract, or agreement described in subsection (a)(1), solely by virtue of being registered as a digital commodity exchange, digital commodity broker, or digital commodity dealer. An agreement, contract, or transaction described in subsection (a)(1) shall not be regulated as a digital commodity agreement, contract, or transaction solely because it is issued, recorded, represented, or transferred on a blockchain or other similar technology.
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