Dodd-Frank Documentation Initiative

ISDA 2013 DF Agreement for Non-U.S. Transactions: Market Education Call (October 31, 2013)
ISDA held a market education conference call to explain an initial draft of the ISDA 2013 DF Agreement for Non-U.S. Transactions and Annexes, which is intended to allow market participants to bilaterally enter into selected provisions of the ISDA August 2012 DF Protocol (published on August 13, 2012) and/or the ISDA March 2013 DF Protocol (published on March 22, 2013) that are relevant to transactions that occur at least in part outside of the United States.
Replay the call

Click to open Cross-Border Representation Letter

Click to open Cross-Border Representations – ISDA Amend CBR Tool Kit

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September 13, 2013
ISDA Webinar: “Cross-Border Representations on ISDA Amend”

In July, the CFTC published an “Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations” providing guidance as to when the CFTC will assert jurisdiction over swap transactions that have a non-U.S. element. ISDA published a Cross-Border Swaps Representation Letter in August. The letter allows market participants to provide counterparties with status representations needed to determine whether compliance is required. This webinar discusses the contents of the Representation Letter as well as how the Representation Letter will appear on ISDA Amend, featuring Cadwalader, Wickersham & Taft LLP, ISDA and Markit.

Click here for Webinar

Replay the call (audio)

December 18, 2012
Extension of compliance dates: 

The CFTC provided interim final rules for swap dealers and major swap participants, extending the compliance date for various External Business Conduct provisions covered by the ISDA August D-F Protocol from January 1, 2013 until May 1, 2013. In addition, the interim final rules extend until July 1, 2013 the compliance dates for Commission regulations related to portfolio reconciliation and swap trading relationship documentation (documentation changes required by these rules will be contained in a second, soon to be published ISDA protocol). We encourage market participants to adhere to the ISDA August D-F Protocol and provide questionnaires to counterparties well in advance of the May 1 compliance deadline.

 

 

ISDA August 2012 Dodd-Frank Protocol

In order to facilitate implementation of Dodd-Frank rulemakings, ISDA is launching a series of protocols starting with the ISDA August 2012 Dodd-Frank Protocol, which is now open for adherence on the Protocols Management section of the website.

Legal Memorandum on ISDA DF Protocol and Extension of Compliance Date for EBC Rule. Verify your firrm has adhered on the Protocol Adherence page.

 

ISDA Amend in partnership with Markit

ISDA Amend, a joint service provided by Markit and ISDA, enables swap dealers and their clients to amend multiple ISDA Master Agreements easily and efficiently with a single online tool. All aspects of the questionnaire are now available online. Visit Markit’s ISDA Amend webpage.

Get started with ISDA Amend on Markit’s sign-up page: http://www.markit.com/mcpm-sign-up

 

DTCC CICI Utility Portal

Visit the DTCC’s CICI Utility Portal, and also see their comprehensive FAQ on the topic.

 

Dodd-Frank Documentation Initiative webinars

ISDA held a series of calls on the August 2012 D-F Protocol, the DTCC CICI Utility Portal and ISDA Amend By Markit. The entire series is on the Dodd-Frank Documentation Market Call Archive. Selected shorter clips are below (plays in a separate window):

August 2012 D-F Protocol

DTCC CICI Utility Portal

ISDA Amend by Markit

 

Joint Response to EBA Consultation

On August 12, ISDA and the Association for Financial Markets in Europe (AFME) responded to the European Banking Authority’s discussion paper on certain taxonomy key performance indicators (KPIs) and other aspects of the Disclosures Delegated Act  under Article 8 of...

Response to JSCC on Clearing Fund Consolidation

On August 12, ISDA responded to the Japan Securities Clearing Corporation’s (JSCC) consultation on its proposal to consolidate clearing fund consumption, calculation and deposit segmentation across six clearing qualifications under the Financial Instruments and Exchange Act. ISDA members broadly support...

Response on CSDD Guidelines

On August 6, ISDA responded to the European Commission’s (EC) consultation on due diligence guidelines under the Corporate Sustainability Due Diligence Directive (CSDDD). While ISDA acknowledges that model contractual clauses can be a helpful resource for in-scope companies, there are...