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


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:

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
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”.
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.
July 9, 2013
Treasury Affiliate Representation Letter
Treasury Affiliate Representation Letter
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
April 18, 2013
Safe Harbor letter for Non-ERISA Special Entities
Safe Harbor letter for Non ERISA Special Entities.doc
March 21, 2013
Six Weeks To Go – Are you Ready? Complying with the CFTC’s External Business Conduct Rules
Slides from the May 21 ISDA webinar. By May 1, all counterparties must have provided their registered Swap Dealers with legal classifications and representations to allow the Swap Dealers to comply with the CFTC’s External Business Conduct Rule (EBCR). After the EBCR deadline, Swap Dealers will only continue offering and executing swaps with in-scope counterparties who have provided the necessary information for compliance. With Katherine Darras, General Counsel, Americas, ISDA; David Moss, Partner, Purrington Moody Weil LLP; Lauren Teigland-Hunt, Managing Partner at Teigland-Hunt LLP.
ISDA EBCR combined 03-21 9am.pdf
March 18, 2013
ISDA Amend On Boarding and Questionnaire Timelines
Advisory note to highlight important upcoming dates occurring in advance of May 1, 2013.
ISDA Amend Notification.pdf
November 26, 2012
August D-F Protocol - CICI Update
On a recent ISDA call, DTCC provided the following update regarding the CICI utility which is relevant for the ISDA D-F August Protocol questionnaire submission, in addition to Part 43 and 45 reporting.
ISDA August DF Protocol - CICI Update_11-21-12.pdf