Commodity Exchange Act and securities laws savings provisions

(a) In general Nothing in this Act shall affect or apply to, or be interpreted to affect or apply to— (1) any agreement, contract, or transaction that is subject to the Commodity Exchange Act as— (A) a contract of sale of a commodity for future delivery or an option on such a contract; (B) a swap; (C) a security futures product; (D) an option authorized under section 4c of such Act; (E) an agreement, contract, or transaction described in section 2(c)(2)(C)(i) of such Act; or (F) a leverage transaction authorized under section 19 of such Act; (2) any agreement, contract, or transaction that is subject to the securities laws as— (A) a security-based swap; (B) a security futures product; or (C) an option on or based on the value of a security; or (3) the activities of any person with respect to any such agreement, contract, or transaction. (b) Prohibitions on spot digital commodity entities 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 or filing a statement of provisional registration as a digital commodity exchange, digital commodity broker, or digital commodity dealer. (c) Definitions In this section, each term shall have the meaning provided in the Commodity Exchange Act or the regulations prescribed under such Act.

(a) In general Nothing in this Act shall affect or apply to, or be interpreted to affect or apply to— (1) any agreement, contract, or transaction that is subject to the Commodity Exchange Act as— (A) a contract of sale of a commodity for future delivery or an option on such a contract; (B) a swap; (C) a security futures product; (D) an option authorized under section 4c of such Act; (E) an agreement, contract, or transaction described in section 2(c)(2)(C)(i) of such Act; or (F) a leverage transaction authorized under section 19 of such Act; (2) any agreement, contract, or transaction that is subject to the securities laws as— (A) a security-based swap; (B) a security futures product; or (C) an option on or based on the value of a security; or (3) the activities of any person with respect to any such agreement, contract, or transaction. (b) Prohibitions on spot digital commodity entities 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. (c) Definitions In this section, each term shall have the meaning provided in the Commodity Exchange Act or the regulations prescribed under such Act.