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Margin and Capital Requirements for Covered Swap Entities (LIBOR)

Publication Details
Type
Proposed Rulemaking
Federal Register Publish Date
11/07/2019
Comment Open Date
11/07/2019
Comment End Date
01/23/2020
Comment Status
Closed
Rulemaking Details
Rulemaking

Margin and Capital Requirements for Covered Swap Entities (LIBOR)

Contact Information

FOR FURTHER INFORMATION CONTACT: Christopher Vincent, Senior Financial Analyst, Office of Financial Analysis, Modeling & Simulations, (202) 649-3685, Christopher.Vincent@fhfa.gov, or James P. Jordan, Associate General Counsel, Office of General Counsel, (202) 649-3075, James.Jordan@fhfa.gov, Federal Housing Finance Agency, Constitution Center, 400 7th St., SW, Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Additionally, the TDD 1-(800) number referenced in Rulemaking documents attached to this page is obsolete and the 7-1-1 number should be used.

Summary

SUMMARY: The OCC, Board, FDIC, FCA, and FHFA (each, an agency, and collectively, the agencies) request comment on a proposed rule that would amend the agencies' regulations that require swap dealers and security-based swap dealers under the agencies' respective jurisdictions to exchange margin with their counterparties for swaps that are not centrally cleared (Swap Margin Rule). The Swap Margin Rule as adopted in 2015 takes effect under a phased compliance schedule spanning from 2016 through 2020, and the dealers covered by the rule continue to hold swaps in their portfolios that were entered into before the effective dates of the rule. Such swaps are grandfathered from the Swap Margin Rule's requirements until they expire according to their terms. The proposed rule would permit swaps entered into prior to an applicable compliance date (legacy swaps) to retain their legacy status in the event that they are amended to replace an interbank offered rate (IBOR) or other discontinued rate, repeal the inter-affiliate initial margin provisions, introduce an additional compliance date for initial margin requirements, clarify the point in time at which trading documentation must be in place, permit legacy swaps to retain their legacy status in the event that they are amended due to technical amendments, notional reductions, or portfolio compression exercises, and make technical changes to relocate the provision addressing amendments to legacy swaps that are made to comply with the Qualified Financial Contract Rules, as defined in the Supplementary Information section.

The Comment Period was re-opened and comments are now due by January 23, 2020.

Public Comments people-icon

Below are a compilation of public comments made on this publication.

15 items
Date Sort ascending First Name Last Name Organization Comment
Yvette D. Valdez Latham & Watkins LLP Latham & Watkins LLP submits the attached letter in response to th…View Comment
Email: yvette.valdez@lw.com
Attachment: View Attachment
Raymond Ramirez Federal Home Loan Banks On behalf of our clients, the eleven Federal Home Loan Banks, we appre…View Comment
Email: rayramirez@eversheds-sutherland.com
Attachment: View Attachment
Joint Trade Associations See attached from: The American Bankers Association, the ABA Securiti…View Comment
Email: N/A
Attachment: View Attachment
Joseph J. Barry State Street Corporation See attached.View Comment Email: N/A
Attachment: View Attachment
James Kemp The Global Foreign Exchange Division (GFXD) of the Global Financial Markets Association (GFMA) See attached.View Comment Email: N/A
Attachment: View Attachment
BlackRock See attached.View Comment Email: N/A
Attachment: View Attachment
Priya Bindra Alternative Reference Rates Committee Please find attached the Alternative Reference Rates Committee’s respo…View Comment
Email: N/A
Attachment: View Attachment
Asset Management Group of the Securities Industry and Financial Markets Association (SIFMA AMG) and the American Council of Life Insurers (ACLI) See attached.View Comment Email: N/A
Attachment: View Attachment
Tara Kruse International Swaps and Derivatives Association (ISDA) Please see the attached comment letter.View Comment Email: N/A
Attachment: View Attachment
Kristi Leo Structured Finance Association (SFA) See attached.View Comment Email: N/A
Attachment: View Attachment
E. M. N/A Please see attached.View Comment Email: N/A
Attachment: View Attachment
Jennifer Han Managed Funds Association Comments attached.View Comment Email: jhan@managedfunds.org
Attachment: View Attachment
Center for American Progress, Americans For Financial Reform, and Public Citizen See attached.View Comment Email: N/A
Attachment: View Attachment
American Council of Life Insurers (ACLI) View Comment Email: N/A
Attachment: View Attachment
Asset Management Group of the Securities Industry and Financial Markets Association (SIFMA AMG) See attached.View Comment Email: N/A
Attachment: View Attachment