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US promotes rules to increase swap transparency

Chris Hamblin Editor Editor London 29 January 2015

US promotes rules to increase swap transparency

The US Securities and Exchange Commission has evolved some derivative-tracking rules that will become effective 60 days after they are published in the Federal Register.

Two new sets of rules will require security-based swap data repositories or SDRs to register with the Securities and Exchange Commission and will prescribe procedures for the reporting and public dissemination of security-based swap transaction data. The SEC has also proposed other rules, rule amendments and guidance related to the reporting and public dissemination of security-based swap transaction data. The new rules are designed to increase transparency in the security-based swap market and to ensure that SDRs maintain complete records of security-based swap transactions that can be accessed by regulators.

In its rules the commission is recognising the Global Legal Entity Identifier System as the system from which security-based swap counterparties must obtain codes to identify themselves when reporting security-based swap data. The rules also address the application of Regulation SBSR (which governs security-based swap data reporting and public dissemination) to cross-border security-based swap activity and include provisions to permit market participants to satisfy their obligations under Regulation SBSR through compliance with the comparable regulation of a foreign jurisdiction.

The proposed rule amendments would assign reporting duties for certain security-based swaps not addressed by the adopted rules, prohibit registered SDRs from charging fees to or imposing usage restrictions on the users of publicly disseminated security-based swap transaction data, and provide a compliance schedule for certain provisions of Regulation SBSR.

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