Dodd-Frank Documentation Initiative

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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

Slide1

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



ISDA August 2012 Dodd-Frank Protocol

ISDA Adherence           

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

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


Dodd-Frank Initiative documents:


DateTitle / DescriptionDocuments
March 7, 2014
Request for Comment on Application of Commission Regulations to Swaps Between Non-U.S. Swap Dealers and Non-U.S. Counterparties Involving Personnel or Agents of the Non-U.S. Swap Dealers Located in the United States
CFTC
59777RobertPickel.pdf
February 21, 2014
Chinese translation of the Cross-Border Representation Letter
Chinese translation of the ISDA Cross_Border_Rep_Letter for reference only.pdf
November 15, 2013
ISDA 2013 DF Agreement for Non-U.S. Transactions
The ISDA 2013 DF Agreement for Non-U.S. Transactions and Annexes is intended to allow market participants to 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. ISDA has also prepared an explanatory memorandum to assist market participants in their consideration of the form of the ISDA 2013 DF Agreement for Non-U.S. Transactions.
Guidance.Note.Non-US.DF.Agreement.doc DF Agreement For Non-U.S. Transactions - Base.doc DF Agreement for Non-U.S. Transactions - Annex II.doc DF Agreement for Non-U.S. Transactions - Annex I.doc
September 24, 2013
Cross-Border Representations
ISDA Amend Demo Details
Daily ISDA Amend Demo Details.pdf
September 20, 2013
Cross-Border Representations – ISDA Amend CBR Tool Kit
ISDA Amend CBR Tool Kit.pdf
September 16, 2013
US Bank Representation Letter
Allows a U.S. bank to provide counterparties with status representations to establish (i) whether a transaction is deemed to be entered into with a non-U.S. branch of such U.S. bank under the Interpretive Guidance and (ii) whether the bank satisfies requirements for a safe harbor to comply with the local law of the branch in lieu of the CFTC’s “Transaction-Level Requirements”.
28700008_7_US_Bank_Cross_Border_Reps.doc
August 19, 2013
Cross-Border Representation Letter
Allows market participants to provide counterparties with status representations needed to determine whether compliance with various CFTC swap regulations is required by the Interpretive Guidance.
Cross_Border_Rep_Letter_Final.doc
July 9, 2013
Treasury Affiliate Representation Letter
Treasury Affiliate Representation Letter
27955040_7_Treas_Aff_Rep_Letter.pdf
May 1, 2013
Safe Harbor letter for Non Special Entities
Safe Harbor Letter for Non Special Entities_May 1 2013.doc
May 1, 2013
Safe Harbor letter for ERISA Special Entities
Safe Harbor Letter for ERISA Special Entities_May 1 2013.doc