Consistent with prudent risk management, paragraph 23.504(c) would require an annual review of swap trading documentation required under section 23.504 to ensure compliance with approved documentation policies and procedures and Commission regulations. Proposed Article 23.504(d) would require swap dealers and large swap participants to keep records in accordance with this Section. 9. See e.B. 11 U.S.C. 561 (Protection of the Contractual Right of Termination, Liquidation, Acceleration, or Set-off under a Framework Clearing Agreement and Between Contracts). An end-user should note that if it has accepted the ISDA August 2012 Agreement on DF Terms in accordance with the August 2012 Protocol, that agreement is not sufficient for the purposes of CFTC Rule 23.504 and that the End-User must ensure that it complies with the FRAMEWORK Agreement of the ISDA 2013 DF Protocol or has an ISDA Framework Agreement or equivalent documentation, which is available before July 1st. 2013 with each relevant CFTC swap unit to settle subsequent swaps. To this end, ISDA`s DF Documentation Initiative will provide, among other things, a standard set of amendments to facilitate the updating of existing documentation on swap relationships for Dodd-Frank compliance purposes, as well as other industry documents, such as general and product-specific information, to assist regulated swap companies in meeting their ongoing regulatory requirements and to enable other entities to trading regulated swap assets. That is what we have to do.
The basic architecture consists of four documents, each as described below: (I) a letter of accession, (II) the questionnaire, (III) the Memorandum of Understanding and (IV) the DF supplement. In addition, a fifth document, the Agreement on the Modalities of the DF, extends the basic architecture of the Protocol to situations in which the parties may wish to exchange without benefiting from a pre-executed framework agreement between them. The conditions of the DF are explained in detail in questions 16 to 20 below. (2) Bilateral compression. Each swap trader and primary swap participant shall establish, maintain and follow written policies and procedures for the regular conduct of bilateral portfolio compression exercises with each counterparty, which is also a swap dealer or a primary swap participant. (i) `execution date` means the calendar day of the party to the swap transaction ending at the latest, provided that a swap transaction is -22. That information shall include the date and time when the swap was accepted for clearing, the name of the trading operator that cleared the swap, the name of the clearing member participating in the swap for the swap trader or the main participant in the swap and, if known, the name of the clearing member that entered into the swap on behalf of the counterparty. Unlike PREVIOUS ISDA protocols, where amendments or additions have been made only by the delivery of a letter of accession by each party to the underlying document to be amended (i.e.
a framework agreement), this Protocol contains additional bilateral delivery requirements for the addition of additional conditions (see 5.Q below for more information on delivery requirements). . . .