Swap Give Up Agreement
After reviewing the public opinions on the proposal, the Commission adopts the proposed regulations with some amendments and clarifications to be discussed below. In particular, the Commission amends Article 37 as a result of the management of swaps that must be executed anonymously, previously agreed or negotiated, or in accordance with the rules of an SEF that must be approved. The new section 37.9(d) prohibits an SEF from directly or indirectly disclosing the identity of a counterparty to such a swap and requires an SEF to set and enforce rules that prohibit any person from doing so.  However, the final rule contains an exception for parcel bookings containing a component transaction that is not a swap to be deleted. The task of ETD is the only one to act as a genuine negotiation between clients and exporting brokers, then a novation of this trading, from the client to the countervailing broker, in which a back-to-back transaction between the countervailing broker and the client occurs. An abandonment is in practice an agreement whereby a hedge fund has executed ongoing transactions – whether a derivative or a cash trade – to its principal broker, which accepts the hedge fund`s contract with the execution broker on the condition that it has entered into an economically identical offside transaction with the hedge fund (or has told us that it is „very interesting“. 105. 17 CFR 37.9 (c) (definition of „eligible transaction“ as any transaction that does not involve a swap subject to the transaction execution obligation under Section 2 (h) (8) of the Act). 77. As explained in the section below, the ban on post-sale designation applies in the same way to swaps that are previously agreed or negotiated by a broker on an anonymous basis. Therefore, an SEF must also ensure that its rules, systems and processes allow brokers to conduct such a pre-agreement or preliminary negotiation without infringing on the anonymity of the other party and to reliably determine whether a swap should be authorized before the name is certified.
In response to this request, the Commission is reviewing Article 37.9(d) (3) (3) to conclude that the term „executed anonymously“ within the meaning of Article 37.9,d) (1) and paragraph 2 contains an exchange that is the subject of an anonymous agreement or pre-negotiation, including by a participant in the SEF. In addition, the Commission is removing the original text of the Commission`s proposal, p. 37.9 D) (3), which the Commission considers superfluous.  The CFTC has submitted an exception for so-called „package“ transactions, which include an item that is an unexplained swap or a transaction other than a swap. (`package operations` are defined as transactions involving two or more components in which the execution of each component depends on the execution of the other components and the package is considered or cited as an economic transaction with simultaneous or near-simultaneous execution of all components.) The CFTC acknowledged that unexplained elements of swap transactions could result in ongoing bilateral, operational or legal exposures in which counterparties must identify other parties.