"DOL has released a non-enforcement policy meant to encourage good faith compliance efforts and reduce the risk of litigation while the Fiduciary Rule continues to be in flux.... DOL clarified that this non-enforcement policy applies both to ERISA plans where it has enforcement authority and to IRAs where IRS has enforcement authority.... DOL provides color on communications it would consider not to be a recommendation under the Fiduciary Rule.... A series of questions provide guidance on the requirements of the BIC Exemption during the Transition Period.... DOL helpfully confirmed the industry's position by stating that a reasonable basis for belief that a counterparty is an independent fiduciary with financial expertise can be negative consent to a written representation."