Following the April 3rd, 2020 statement by BCBS and IOSCO revising the timeline for compliance with initial margin requirements, ISDA is rerunning the multi-lateral IM self-disclosure exercise.
In an effort to help the industry be best prepared for Initial Margin requirements ahead of September 1, 2021 (Phase 5) and September 1, 2022 (Phase 6), ISDA is facilitating the voluntary early disclosure of expectations of meeting the revised regulatory margin level thresholds. This is similar to previous ISDA-facilitated multi-lateral disclosure exercises for Phases 1-5, but the Phase 5 thresholds have been adjusted along with the addition of Phase 6. Optional data fields have been added for disclosure of preferred custodian, triparty or third party custodial structures and ISDA SIMMTM calculation intention.
ISDA encourages participation by parties that previously disclosed, but which have had a change or addition to their disclosure information, as well as participation by parties which have not previously participated.
Firms can participate in this voluntary exercise by:
- Completing the attached spreadsheet with their Phase 5 or 6 information and sending to: RegIMSelfDisclosure@isda.org
- Providing names and email addresses of those individuals within your organization who should receive the completed spreadsheet once the self-disclosure exercise is done.
ISDA will then collate that information and share with all participating firms by sending it to the email addresses provided by those firms for this purpose. We refer to this as “Phase 1-6 Threshold Disclosure information.” ISDA plans to support this exercise on an ongoing basis in the run-up to September 1, 2022, and will send periodic updates, as warranted.
Consent:
By submitting Phase 1-6 Threshold Disclosure information, you shall be deemed to represent and warrant that such information has been disclosed and can be distributed by ISDA in accordance with the Terms and Conditions (a copy of which is attached for your reference) without violating any law, agreement or understanding regarding the confidentiality of such information, and confirm to ISDA that:
- you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions, and to comply with all applicable laws and regulations.
- you consent to your information being distributed by ISDA to each of the firms that also elects to provide and exchange Phase 1-6 Threshold Disclosure information.
- you represent and warrant to ISDA that: (i) ISDA’s transfer of such information will not violate any law, agreement or understanding regarding the confidentiality of such information and (ii) ISDA may rely upon such representation and warranty.
- you acknowledge and agree that ISDA shall not be liable, whether for negligence or otherwise, to any participant for any form of damages, whether direct, indirect, special, consequential, incidental, punitive or otherwise that might arise in connection with the performance by ISDA of the request to collect and distribute Phase 1-6 Threshold Disclosure information, except in the case of ISDA’s gross negligence, fraud or willful misconduct. All participants agree to waive any claim, whether for negligence or otherwise, that might arise against ISDA in connection with its performance of this request to collect and share Phase 1-6 Threshold Disclosure information.
Documents (2) for ISDA Self-Disclosure Exercise for Regulatory IM Phases 5 and 6
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Expanding Legal Agreement Coverage in the CDM
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ISDA Omnibus Canadian Representation Letter
On September 2, ISDA published the Omnibus Canadian Representation Letter, which combines previously published representation letters drafted to assist firms in compliance with Canadian trade reporting, business conduct, regulatory margin and clearing classification rules. The Omnibus Canadian Letter is designed...
Joint Response on Cross-margining
On August 31, ISDA and FIA submitted a letter to the US Commodity Futures and Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) on the agencies’ joint request for comment on the implementation of portfolio margining and cross-margining...
Accounting for Carbon Credits: Latest Developments
This paper updates and extends the analysis set out in ISDA’s October 2023 paper on accounting for carbon credits. While preserving the original focus on the accounting treatment of voluntary carbon credits (VCCs) and compliance carbon credits (CCCs), it expands...
