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| Subpart A | Definitions and Clearing Requirement | 50.1 – 50.11-50.24 | |||||||||||||||||||||||||||
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7 U.S.C. 2(h), 6(c), and 7a-1, as amended by Pub. L. 111-203, 124 Stat. 1376.
77 FR 44455, July 30, 2012, unless otherwise noted.
77 FR 74335, Dec. 13, 2012, unless otherwise noted.
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77 FR 74335, Dec. 13, 2012, unless otherwise noted.
For the purposes of this part,
Business day means any day other than a Saturday, Sunday, or legal holiday.
Day of execution means the calendar day of the party to the swap that ends latest, provided that if a swap is:
(1) Entered into after 4:00 p.m. in the location of a party; or
(2) Entered into on a day that is not a business day in the location of a party, then such swap shall be deemed to have been entered into by that party on the immediately succeeding business day of that party, and the day of execution shall be determined with reference to such business day.
(a) All persons executing a swap that:
(1) Is not subject to an exception under section 2(h)(7) of the Act or § 50.50 of this part; and
(2) Is included in a class of swaps identified in § 50.4 of this part, shall submit such swap to any eligible derivatives clearing organization that accepts such swap for clearing as soon as technologically practicable after execution, but in any event by the end of the day of execution.
(b) Each person subject to the requirements of paragraph (a) of this section shall undertake reasonable efforts to verify whether a swap is required to be cleared.
(c) For purposes of paragraph (a) of this section, persons that are not clearing members of an eligible derivatives clearing organization shall be deemed to have complied with paragraph (a) of this section upon submission of such swap to a futures commission merchant or clearing member of a derivatives clearing organization, provided that submission occurs as soon as technologically practicable after execution, but in any event by the end of the day of execution.
(a) In addition to its obligations under § 39.21(c)(1), each derivatives clearing organization shall make publicly available on its Web site a list of all swaps that it will accept for clearing and identify which swaps on the list are required to be cleared under section 2(h)(1) of the Act and this part.
(b) The Commission shall maintain a current list of all swaps that are required to be cleared and all derivatives clearing organizations that are eligible to clear such swaps on its Web site.
(a) Interest rate swaps. Swaps that have the following specifications are required to be cleared under section 2(h)(1) of the Act, and shall be cleared pursuant to the rules of any derivatives clearing organization eligible to clear such swaps under § 39.5(a) of this chapter.
| Specification | Fixed-to-floating swap class | |||||||
| 1. Currency | Australian Dollar (AUD) | Canadian Dollar (CAD) | Euro (EUR) | Hong Kong Dollar (HKD) | Mexican Peso (MXN) | Norwegian Krone (NOK) | Polish Zloty (PLN) | Swedish Krona (SEK). |
| 2. Floating Rate Indexes | BBSW | CDOR | EURIBOR | HIBOR | TIIE-BANXICO | NIBOR | WIBOR | STIBOR. |
| 3. Stated Termination Date Range | 28 days to 30 years | 28 days to 30 years | 28 days to 50 years | 28 days to 10 years | 28 days to 21 years | 28 days to 10 years | 28 days to 10 years | 28 days to 15 years. |
| 4. Optionality | No | No | No | No | No | No | No | No. |
| 5. Dual Currencies | No | No | No | No | No | No | No | No. |
| 6. Conditional Notional Amounts | No | No | No | No | No | No | No | No. |
| Specification | Basis swap class | |
| 1. Currency | Australian Dollar (AUD) | Euro (EUR). |
| 2. Floating Rate Indexes | BBSW | EURIBOR. |
| 3. Stated Termination Date Range | 28 days to 30 years | 28 days to 50 years. |
| 4. Optionality | No | No. |
| 5. Dual Currencies | No | No. |
| 6. Conditional Notional Amounts | No | No. |
| Specification | Forward rate agreement class | |||
| 1. Currency | Euro (EUR) | Polish Zloty (PLN) | Norwegian Krone (NOK) | Swedish Krona (SEK). |
| 2. Floating Rate Indexes | EURIBOR | WIBOR | NIBOR | STIBOR. |
| 3. Stated Termination Date Range | 3 days to 3 years | 3 days to 2 years | 3 days to 2 years | 3 days to 3 years. |
| 4. Optionality | No | No | No | No. |
| 5. Dual Currencies | No | No | No | No. |
| 6. Conditional Notional Amounts | No | No | No | No. |
| Specification | Overnight index swap class | ||||||||
| 1. Currency | Australian Dollar (AUD) | Canadian Dollar (CAD) | Euro (EUR) | Singapore Dollar (SGD) | Sterling (GBP) | Swiss Franc (CHF) | U.S. Dollar (USD) | U.S. Dollar (USD) | Yen (JPY). |
| 2. Floating Rate Indexes | AONIA-OIS | CORRA-OIS | €STR | SORA | SONIA | SARON | FedFunds | SOFR | TONA. |
| 3. Stated Termination Date Range | 7 days to 2 years | 7 days to 2 years | 7 days to 3 years | 7 days to 10 years | 7 days to 50 years | 7 days to 30 years | 7 days to 3 years | 7 days to 50 years | 7 days to 30 years. |
| 4. Optionality | No | No | No | No | No | No | No | No | No. |
| 5. Dual Currencies | No | No | No | No | No | No | No | No | No. |
| 6. Conditional Notional Amounts | No | No | No | No | No | No | No | No | No. |
(b) Credit default swaps. Swaps that have the following specifications are required to be cleared under section 2(h)(1) of the Act, and shall be cleared pursuant to the rules of any derivatives clearing organization eligible to clear such swaps under § 39.5(a) of this chapter.
| Specification | North American untranched CDS indices class |
|---|---|
| Reference Entities | Corporate. |
| Region | North America. |
| Indices | CDX.NA.IG; CDX.NA.HY. |
| Tenor | CDX.NA.IG: 3Y, 5Y, 7Y, 10Y; CDX.NA.HY: 5Y. |
| Applicable Series | CDX.NA.IG 3Y: Series 15 and all subsequent Series, up to and including the current Series. |
| CDX.NA.IG 5Y: Series 11 and all subsequent Series, up to and including the current Series. | |
| CDX.NA.IG 7Y: Series 8 and all subsequent Series, up to and including the current Series. | |
| CDX.NA.IG 10Y: Series 8 and all subsequent Series, up to and including the current Series. | |
| CDX.NA.HY 5Y: Series 11 and all subsequent Series, up to and including the current Series. | |
| Tranched | No. |
| Specification | European untranched CDS indices class |
|---|---|
| Reference Entities | Corporate. |
| Region | Europe. |
| Indices | iTraxx Europe. |
| iTraxx Europe Crossover. | |
| iTraxx Europe HiVol. | |
| Tenor | iTraxx Europe: 5Y, 10Y. |
| iTraxx Europe Crossover: 5Y. | |
| iTraxx Europe HiVol: 5Y. | |
| Applicable Series | iTraxx Europe 5Y: Series 10 and all subsequent Series, up to and including the current Series. |
| iTraxx Europe 10Y: Series 7 and all subsequent Series, up to and including the current Series. | |
| iTraxx Europe Crossover 5Y: Series 10 and all subsequent Series, up to and including the current Series. | |
| iTraxx Europe HiVol 5Y: Series 10 and all subsequent Series, up to and including the current Series. | |
| Tranched | No. |
[77 FR 74335, Dec. 13, 2012, as amended at 87 FR 52216, Aug. 24, 2022]
(a) Swaps entered into before July 21, 2010 shall be exempt from the clearing requirement under § 50.2 of this part if reported to a swap data repository pursuant to section 2(h)(5)(A) of the Act and § 46.3(a) of this chapter.
(b) Swaps entered into before the application of the clearing requirement for a particular class of swaps under §§ 50.2 and 50.4 of this part shall be exempt from the clearing requirement if reported to a swap data repository pursuant to section 2(h)(5)(B) of the Act and either § 46.3(a) or §§ 45.3 and 45.4 of this chapter, as appropriate.
(a) The Commission hereby delegates to the Director of the Division of Clearing and Risk or such other employee or employees as the Director may designate from time to time, with the consultation of the General Counsel or such other employee or employees as the General Counsel may designate from time to time, the authority:
(1) After prior notice to the Commission, to determine whether one or more swaps submitted by a derivatives clearing organization under § 39.5 falls within a class of swaps as described in § 50.4, provided that inclusion of such swaps is consistent with the Commission's clearing requirement determination for that class of swaps; and
(2) To notify all relevant derivatives clearing organizations of that determination.
(b) The Director of the Division of Clearing and Risk may submit to the Commission for its consideration any matter which has been delegated in this section. Nothing in this section prohibits the Commission, at its election, from exercising the authority delegated in this section.
(a) It shall be unlawful for any person to knowingly or recklessly evade or participate in or facilitate an evasion of the requirements of section 2(h) of the Act or any Commission rule or regulation promulgated thereunder.
(b) It shall be unlawful for any person to abuse the exception to the clearing requirement as provided under section 2(h)(7) of the Act or an exception or exemption under this chapter.
(c) It shall be unlawful for any person to abuse any exemption or exception to the requirements of section 2(h) of the Act, including any exemption or exception as the Commission may provide by rule, regulation, or order.