View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

FRS RIN: 7100-AE96 Publication ID: Spring 2018 
Title: ●Regulation KK -- Margin and Capital Requirements for Covered Swap Entities. (Docket No: R-1596) 
Abstract:

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), the Farm Credit Administration (FCA), and the Federal Housing Agency (FHFA) (collectively the Agencies), are seeking comment on proposed amendments to the minimum margin requirements for registered swap dealers, major swap participants, security-based swap dealers, and major security-based swap participants for which one of the Agencies is the prudential regulator (Swap Margin Rule).  The Agencies are proposing these amendments in light of the rules recently adopted by the Board, the OCC, and the FDIC that impose restrictions on certain non-cleared swaps and non-cleared security-based swaps and other financial contracts (Covered QFCs) (the QFC Rules).  The QFC Rules amend the definition of "Qualifying Master Netting Agreement" in the Federal banking agencies' regulatory capital and liquidity rules to ensure that a Covered QFC is not prevented from being part of a Qualifying Master Netting Agreement solely because the Covered QFC conforms to the new requirements in the QFC Rules.  The FCA also plans to propose amendments to its capital rules, including potential revisions to its regulatory definition of "Qualifying Master Netter Agreement," which is expected to be identical to the definition used in the Federal banking agencies' regulatory capital and liquidity rules.  The Agencies are proposing to amend the definition of "Eligible Master Netting Agreement" in the Swap Margin Rule so that it remains harmonized with the amended definition of "Qualifying Master Netting Agreement" in the Federal banking agencies' regulatory capital and liquidity rules, and amendments to the capital rules that the FCA separately plans to propose.  This proposed rule would also ensure that netting agreements of firms subject to the Swap Margin Rule are not excluded from the definition of "Eligible Master Netting Agreement" based solely on their compliance with the QFC Rules.  The Agencies are also proposing that any legacy non-cleared swap or non-cleared security-based swap (.i.e., a non-cleared swap or non-cleared security-based swap entered into before the applicable compliance date) that is not subject to the margin requirements of the Swap Margin Rule would not become subject to the provisions of the Swap Margin Rule if the non-cleared swap or non-cleared security-based swap is amended solely to comply with the requirements of the QFC Rules.

 
Agency: Federal Reserve System(FRS)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Independent agency 
CFR Citation: 17 CFR 230    17 CFR 240    17 CFR 241    12 CFR 217   
Legal Authority: 15 U.S.C. 780    7 U.S.C. 6    12 U.S.C. 1811   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Board Requested Comment  02/21/2018  83 FR 7413   
Board Expects Further Action  06/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Anna Harrington
Senior Supervisory Financial Analyst
Federal Reserve System
Division of Supervision and Regulation,
Washington, DC 20551
Phone:202 452-6406

Adam Cohen
Counsel
Federal Reserve System
Legal Division,
Washington, DC 20551
Phone:202 912-4658