European Supervisory Authorities

On August 27, the International Swaps and Derivatives Association (ISDA) and the Association for Financial Markets in Europe (AFME) (together, the Joint Associations) wrote a letter (Letter) to the European Commission and the European Supervisory Authorities to express gratitude for the mitigation of the impact on both European Union (EU) and United Kingdom (UK) market participants, in anticipation of the UK’s departure from the EU.
Continue Reading ISDA and AFME Request for an Extension of Relief on Brexit-Related Novation

On July 20, the Joint Committee of the European Supervisory Authorities (ESAs), which comprises the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority, updated its Q&As on the key information document (KID) required to be issued in connection with packaged retail and insurance-based investment products (PRIIPs)

On December 18, 2017, the European Supervisory Authorities (ESAs) published a final report aiming to align the treatment of variation margin for physically settled foreign exchange forward transactions (FX Forwards) with supervisory guidance applicable in other key jurisdictions.

The amended draft variation margin regulatory technical standards on risk mitigation techniques for over-the-counter (OTC) derivatives not cleared by a central counterparty (Draft RTS) limit the requirement to collect variation margin for FX Forwards to only transactions concluded between “institutions,” defined by the ESAs as credit institutions and investment firms, or with an equivalent entity located in a third country that would meet the definition of “institution” if located in the European Union (EU).
Continue Reading ESAs Publish Final Report Aiming to Align Variation Margin Rules for FX Forwards With Supervisory Guidance in Other Key Jurisdictions

On March 21, the UK’s Joint Money Laundering Steering Group (JMLSG) opened a consultation on (Consultation), and published proposed revisions (Proposal) to, Part I of its guidance on the prevention of money laundering and the financing of terrorism for the UK financial services industry (Guidance).
Continue Reading Anti-Money Laundering: JMLSG Opens Consultation on Proposed Revisions to Part I of Its Guidance

Lacking the ability to issue formal no-action relief from strict compliance with the variation margin rules for uncleared swaps coming into effect on March 1, the Board of Governors of the Federal Reserve System, the Office of Comptroller of the Currency (OCC) and the European Supervisory Authorities (ESA) have each issued statements suggesting that they

On February 23, the European Supervisory Authorities (ESAs), which consist of the European Banking Authority, European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority, published a joint statement (Statement) in response to industry requests relating to operational challenges in meeting the deadline of March 1 for exchanging variation margin imposed by the European Market Infrastructure Regulation (EMIR).
Continue Reading ESAs Publish Statement On Variation Margin Exchange

On September 8, the European Supervisory Authorities (ESAs, consisting of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority) published its opinion on the European Commission’s (Commission) proposed amendments to the final draft regulatory technical standards (RTS) on risk mitigation techniques for uncleared, over-the-counter derivatives (Opinion).
Continue Reading European Supervisory Authorities Respond to European Commission Amendments to Risk Mitigation Techniques for Uncleared Derivatives

On October 21, the joint committee of the three European Supervisory Authorities (ESAs, comprising the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority) opened a public consultation on two sets of anti-money laundering and countering the financing of terrorism (AML-CFT) guidelines. 
Continue Reading European Supervisory Authorities Consult on AML-CFT Guidelines