(published December 21, 2006)

(This form, published December 21, 2006 is superseded by the US Emissions Allowance Transaction Documents, which was published September 2, 2010 and can be found here.)

The U.S. Emissions Allowance Transaction Annex to the ISDA Master Agreement together with a confirmation template are intended to apply to transactions for the purchase, sale or exchange of an emissions product on a spot (“Immediately-Delivered Emissions Transaction”) or forward basis, or as option to purchase, sell or exchange of an emissions product. The new publication is structured as an annex to the ISDA Master Agreement Schedule. Emissions products covered by the Annex include Carbon Financial Instruments (CFIs) traded on the Chicago Climate Exchange; emissions of nitrogen oxide; emissions of sulfur dioxide and any emissions allowance or credit created under a U.S. state cap-and-trade program. The list of emissions products covered by the Annex is designed to be updated as new emissions products, gain liquidity in the market.