On November 19, the Commodity Futures Trading Commission approved a final rule to amend its margin requirements for uncleared swaps for swap dealers and major swap participants for which there is no prudential regulator (CFTC Margin Rule). As a part of the Project KISS initiative, the amendments were designed to harmonize the CFTC Margin Rule… Continue Reading
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CFTC Issues Proposed Rule to Amend Margin Requirements
Posted in CFTC, DerivativesOn May 17, the Commodity Futures Trading Commission released a proposed rule to amend the CFTC’s margin requirements for uncleared swaps for swap dealers and major swap participants. The proposed rule amendments are intended to make the same changes to the CFTC margin requirements that federal banking regulators recently proposed for the margin rules for… Continue Reading
Conforming Amendments Proposed for Bank Swap Margin Rules
Posted in Banking, CFTC, Derivatives, Dodd-Frank DevelopmentsOn February 5, the Prudential Regulators—the five federal banking regulators for swap dealers that are banks—proposed technical amendments to their margin rules for uncleared swaps. The amendments aim to harmonize the definition of Eligible Master Netting Agreement (EMNA) in the margin rules with recent changes made to the definition of “Qualifying Master Netting Agreement” (QMNA)… Continue Reading
Three Developments Concerning EU-US Cross-Border Swaps
Posted in CFTC, Derivatives, Dodd-Frank Developments, EU DevelopmentsOn October 13, the Commodity Futures Trading Commission and the European Commission (EC) made three announcements that are significant for cross-border swap activity between the United States and Europe. CFTC Margin Rule Comparability Determination. The CFTC has made a determination that the margin rules for uncleared swaps that apply in the European Union are comparable to… Continue Reading
CFTC Extends Previously Granted No-Action Relief for Swap Dealers Complying With EU Requirements
Posted in CFTC, DerivativesOn April 18, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued No-Action Letter 17-22, which extends relief previously granted under CFTC No-Action Letter 17-05. CFTC No-Action Letter 17-05 allowed certain swap dealers to substitute compliance with the non-centrally cleared OTC derivative margin requirements applicable in the European Union (the… Continue Reading
EU and Prudential Regulators Issue Statements on March 1 Compliance With Swap Margin Rules
Posted in Banking, Derivatives, Dodd-Frank DevelopmentsLacking 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… Continue Reading
40 Days Left Until Compliance Date for Variation Margin Rules for Uncleared Swaps
Posted in DerivativesAs part of a global regulatory initiative, the United States, European Union, Canada, Switzerland, Japan, Hong Kong, Singapore and Australia have all adopted, or are in the process of adopting, rules (Margin Rules) that impose mandatory variation margin requirements on non-cleared swaps and, in some cases, non-cleared security-based swaps and FX derivatives (collectively, “Covered Trades”).… Continue Reading
CFTC Issues Comparability Determination for Japan Uncleared Swap Margin Rules
Posted in CFTC, Derivatives, Dodd-Frank DevelopmentsOn September 8, the Commodity Futures Trading Commission approved a comparability determination permitting substituted compliance with certain Japanese margin requirements for uncleared swaps. As discussed in the Corporate and Financial Weekly Digest edition for May 27, the CFTC permits certain non-US swap dealers and major swap participants to comply with the margin rules of another… Continue Reading