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    ISDA Publishes Master Regulatory Disclosure Letter and Guidance Note

    June 07, 2019

    ISDA published the master regulatory disclosure letter and the accompanying guidance note. The ISDA master regulatory disclosure letter is intended to allow market participants to exchange information regarding counterparty status, as required under the relevant regulatory regimes. Additionally, ISDA published the Trade Life Cycle Events Guide for non-cleared margin. The guide is developed by the ISDA working group to assist market participants in preparing for non-cleared margin requirements by providing a uniform global approach to the treatment of life cycle events to legacy transactions, based on the guidance in the BCBS and IOSCO framework for margin requirements for non-centrally cleared derivatives.

  • The information to be provided by a third party seeking authorization to assess the compliance of securitizations with the STS criteria provided for in Securitization Regulation should enable a competent authority to evaluate whether and, to what extent, the applicant meets the conditions of Article 28(1) of the Securitization Regulation. An authorized third party will be able to provide STS assessment services across EU. The application for authorization should, therefore, comprehensively identify that third party, any group to which this third party belongs, and the scope of its activities. With regard to the STS assessment services to be provided, the application should include the envisaged scope of the services to be provided as well as their geographical scope, particularly the following:

    • To facilitate effective use of the authorization resources of a competent authority, each application for authorization should include a table clearly identifying each submitted document and its relevance to the conditions that must be met for authorization.
    • To enable the competent authority to assess whether the fees charged by the third party are non-discriminatory and are sufficient and appropriate to cover the costs for the provision of the STS assessment services, as required by Article 28(1)(a) of Securitization Regulation, the third party should provide comprehensive information on pricing policies, pricing criteria, fee structures, and fee schedules.
    • To enable the competent authority to assess whether the third party is able to ensure the integrity and independence of the STS assessment process, that third party should provide information on the structure of those internal controls. Furthermore, the third party should provide comprehensive information on the composition of the management body and on the qualifications and repute of each of its members.
    • To enable the competent authority to assess whether the third party has sufficient operational safeguards and internal processes to assess STS compliance, the third party should provide information on its procedures relating to the required qualification of its staff. The third party should also demonstrate that its STS assessment methodology is sensitive to the type of securitization and that specifies separate procedures and safeguards for asset-backed commercial paper (ABCP) transactions/programs and non-ABCP securitizations.

    The use of outsourcing arrangements and a reliance on the use of external experts can raise concerns about the robustness of operational safeguards and internal processes. The application should, therefore, contain specific information about the nature and scope of any such outsourcing arrangements or use of external experts as well as the third party's governance over those arrangements. Regulation (EU) 2019/885 is based on the draft regulatory technical standards submitted by ESMA to EC.

     

    Related Links

    Effective Date: June 18, 2019

    Press Release
  • Proposed Rule 1
  • Proposed Rule 2
  • Proposed Rule 3
  • Presentation on Regulatory Framework (PDF)
  • Presentation on Resolution Plan Rules (PDF)
  • The ISDA master regulatory disclosure letter currently provides for the exchange of counterparty status information in relation to European Market Infrastructure Regulation, or EMIR (as amended by EMIR REFIT) by appending a modified form of the previous ISDA EMIR Classification Letter as Appendix A (European Union). It is anticipated that the ISDA master regulatory disclosure letter will be updated or supplemented over time through the addition of new appendices to accommodate, for example, increased granularity of data or extension of asset class or geography.

    With respect to developing Trade Life Cycle Events Guide, the working group identified and agreed the list of trade events as well as agreed to the general consensus captured in the matrix on whether or not these identified trade events would bring a legacy non-cleared swap transaction into scope for the new margin rules. The intention of the list is to provide an agreed market guide for firms to utilize to comply with certain aspects of the non-cleared margin rules within their respective jurisdictions. No firm is legally bound or compelled to follow any determinations made within the list.

     

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    Keywords: International, Europe, EU, Banking, Securities, Disclosures, Margin Requirements, EMIR, Legacy Transaction, OTC Derivatives, Swaps, BCBS, IOSCO, ISDA

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