Following the April 3rd, 2020 statement by BCBS and IOSCO revising the timeline for compliance with initial margin requirements, ISDA is rerunning the multi-lateral IM self-disclosure exercise.
In an effort to help the industry be best prepared for Initial Margin requirements ahead of September 1, 2021 (Phase 5) and September 1, 2022 (Phase 6), ISDA is facilitating the voluntary early disclosure of expectations of meeting the revised regulatory margin level thresholds. This is similar to previous ISDA-facilitated multi-lateral disclosure exercises for Phases 1-5, but the Phase 5 thresholds have been adjusted along with the addition of Phase 6. Optional data fields have been added for disclosure of preferred custodian, triparty or third party custodial structures and ISDA SIMMTM calculation intention.
ISDA encourages participation by parties that previously disclosed, but which have had a change or addition to their disclosure information, as well as participation by parties which have not previously participated.
Firms can participate in this voluntary exercise by:
- Completing the attached spreadsheet with their Phase 5 or 6 information and sending to: RegIMSelfDisclosure@isda.org
- Providing names and email addresses of those individuals within your organization who should receive the completed spreadsheet once the self-disclosure exercise is done.
ISDA will then collate that information and share with all participating firms by sending it to the email addresses provided by those firms for this purpose. We refer to this as “Phase 1-6 Threshold Disclosure information.” ISDA plans to support this exercise on an ongoing basis in the run-up to September 1, 2022, and will send periodic updates, as warranted.
Consent:
By submitting Phase 1-6 Threshold Disclosure information, you shall be deemed to represent and warrant that such information has been disclosed and can be distributed by ISDA in accordance with the Terms and Conditions (a copy of which is attached for your reference) without violating any law, agreement or understanding regarding the confidentiality of such information, and confirm to ISDA that:
- you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions, and to comply with all applicable laws and regulations.
- you consent to your information being distributed by ISDA to each of the firms that also elects to provide and exchange Phase 1-6 Threshold Disclosure information.
- you represent and warrant to ISDA that: (i) ISDA’s transfer of such information will not violate any law, agreement or understanding regarding the confidentiality of such information and (ii) ISDA may rely upon such representation and warranty.
- you acknowledge and agree that ISDA shall not be liable, whether for negligence or otherwise, to any participant for any form of damages, whether direct, indirect, special, consequential, incidental, punitive or otherwise that might arise in connection with the performance by ISDA of the request to collect and distribute Phase 1-6 Threshold Disclosure information, except in the case of ISDA’s gross negligence, fraud or willful misconduct. All participants agree to waive any claim, whether for negligence or otherwise, that might arise against ISDA in connection with its performance of this request to collect and share Phase 1-6 Threshold Disclosure information.
Documents (2) for ISDA Self-Disclosure Exercise for Regulatory IM Phases 5 and 6
Latest
Guidance for EU IM Model Application for ISDA SIMM®
EU financial and non-financial EU counterparties exchanging IM based on ISDA SIMM® should have already submitted an initial application for authorisation to their competent authority (CA), and ECB if applicable. If not, they should do so timely to ensure continued...
Joint Response on Stress Testing Framework
On February 23, ISDA, the Bank Policy Institute, the American Bankers Association, the Financial Services Forum, the Securities Industry and Financial Markets Association and the US Chamber of Commerce jointly responded to the US Federal Reserve’s consultation on the stress...
Joint Letter on Italian 2026 Budget Law
On February 23, ISDA, the Association for Financial Markets in Europe and the International Securities Lending Association jointly sent a letter to the Italian tax authorities about changes to withholding tax on dividends made in the 2026 budget law, which...
Response to FCA on UK MIFIR Consultation
On February 20, ISDA responded to the Financial Conduct Authority’s (FCA) consultation on improving the UK Markets in Financial Instruments Regulation (MIFIR) transaction reporting regime. The consultation aims to reduce the regulatory burden on firms, support sustained economic growth in...
