In July 2021, ISDA responded to a Bank of England (BoE) consultation on the inclusion of transactions referencing certain risk-free rates (RFRs) into the clearing obligation. In addition, the BoE released a supplementary consultation on the inclusion of swaps referencing TONA in September, which ISDA responded to on October 26, 2021.
ISDA members support the BoE’s proposal to adapt the derivatives clearing obligation under the UK’s European Market Infrastructure Regulation in the context of interest rate benchmark reform. ISDA members acknowledge the benefits of central clearing, as demonstrated by the current clearing rates for RFR swaps. Introducing a clearing obligation for these products could be a helpful tool to avoid liquidity fragmentation.
However, transactions stemming from post-trade risk-reduction exercises should be exempt from the clearing obligation to enable market participants to manage the risks in their non-cleared portfolios.
While not strictly in scope of this consultation, the effect of a clearing obligation for over-the-counter RFR-linked derivatives on the derivatives trading obligation (DTO) should be kept in mind. This should be carefully and independently analyzed, as it could have a detrimental impact on the market. Transactions not subject to the clearing obligation, such as IBOR swaps, should be removed from the scope of the DTO.
ISDA members also support a clearing obligation for TONA swaps, but recommend sufficient time to enact all changes to systems (internal and external) and control frameworks. ISDA members would welcome confirmation that the BoE or other UK authorities will not use their supervisory power if insufficient notice is provided between the BoE final policy statement and the effective date of the rule.
Documents (2) for ISDA Responds to BoE Consultation on RFR Clearing Obligation
Latest
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...
Response to BoE on Extension of Settlement Hours
On August 6, ISDA responded to the Bank of England’s (BoE) consultation paper on the extension of settlement hours for RTGS and CHAPS, the UK’s high-value payment system. ISDA supports the BoE’s plan to extend RTGS and CHAPS settlement hours...
