Order Extending the Designation of the Provider of Legal Entity Identifiers To Be Used in Recordkeeping and Swap Data Reporting Pursuant to the Commission's Regulations, 47359-47361 [2016-17229]
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE732
Threatened Species; Take of Steelhead
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
U.S. Department of Commerce.
ACTION: Notice of receipt for one
scientific enhancement permit
application.
AGENCY:
Notice is hereby given that
NMFS has received an application from
Stillwater Sciences for one U.S.
Endangered Species Act (ESA) section
10(a)1(A) scientific enhancement permit
(permit 20085) to conduct invasive
species removal from a southern
California watershed (Chorro Creek).
Proposed activities within the requested
permit are expected to affect the
threatened Southern Central California
Coast (SCCC) Distinct Population
Segment of steelhead (Oncorhynchus
mykiss). The public is hereby notified
that the application for Permit 20085 is
available for review and comment
before NMFS either approves or
disapproves the application.
DATES: Written comments on the permit
application must be received at the
appropriate address, email mailbox, or
fax number (see ADDRESSES) on or before
August 22, 2016.
ADDRESSES: Written comments on the
permit application should be submitted
by one of the following methods:
• Email: FRNpermits.lb@noaa.gov.
• Mail: Matt McGoogan, NMFS,
California Coastal Area Office, 501 W.
Ocean Blvd., Suite 4200, Long Beach,
California 90802.
• Fax (562) 980–4027.
The permit application is available for
review, by appointment, at the foregoing
address or online at the Authorizations
and Permits for Protected Species Web
site: https://apps.nmfs.noaa.gov/
preview/preview_open_for_
comment.cfm.
SUMMARY:
Matt
McGoogan (phone: 562–980–4026 or
email: matthew.mcgoogan@noaa.gov).
SUPPLEMENTARY INFORMATION: Species
Covered in This Notice: Threatened
South Central California Coast Distinct
Population Segment of steelhead
(Oncorhynchus mykiss).
Scientific research and enhancement
permits are issued in accordance with
section 10(a)(1)(A) of the ESA (16 U.S.C.
1531 et seq.) and regulations governing
listed fish and wildlife permits (50 CFR
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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parts 222–227). NMFS issues permits
based on findings that such permits (1)
are applied for in good faith, (2) would
not operate to the disadvantage of the
listed species which are the subject of
the permits, and (3) are consistent with
the purposes and policies set forth in
section 2 of the ESA. Authority to take
listed species is subject to conditions set
forth in the permits.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the application, associated
documents, and any comment
submitted to determine whether the
application meets the requirements of
section 10(a) of the ESA and Federal
regulations. The final permit decisions
will not be made until after the end of
the 30-day comment period and
consideration of any comment
submitted therein. NMFS will publish
notice of its final action in the Federal
Register.
Those individuals requesting a
hearing on the application listed in this
notice should provide the specific
reasons why a hearing on the
application would be appropriate (see
ADDRESSES). Such a hearing is held at
the discretion of the Assistant
Administrator for Fisheries, NOAA. All
statements and opinions contained in
the permit action summary are those of
the applicant and do not necessarily
reflect the views of NMFS.
Permit Application Received
Permit 20085
Stillwater Sciences (environmental
consulting firm) has applied for a
section 10(a)1(A) scientific
enhancement permit (permit 20085) to
conduct an invasive species
management effort involving the
removal of Sacramento pikeminnow
(Ptychocheilus grandis) from the Chorro
Creek watershed in San Luis Obispo
County, California. The primary
objectives of this effort involve: (1)
Determining the distribution,
abundance, size, and age structures of
both pikeminnow and SCCC steelhead;
(2) suppressing and eliminating
pikeminnow from the watershed; (3)
developing a plan for long-term
pikeminnow management in the
watershed; and (4) documenting
changes in SCCC steelhead abundance
and distribution in response to
pikeminnow removal. Proposed
enhancement activities include: (1)
Conducting snorkel surveys to assess
abundance and distribution of
pikeminnow and SCCC steelhead; (2)
using backpack electrofishing
equipment, seine-nets, hook-and-line
sampling, and spearfishing to capture
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47359
pikeminnow; (3) anesthetizing any
juvenile steelhead captured during
electrofishing and seining activities
prior to measuring weight and length;
(4) returning any captured steelhead to
Chorro Creek; and (5) humanely
euthanizing and disposing of
pikeminnow.
Field activities for the proposed
enhancement effort will occur during
the summer and fall over five years
between August 1, 2016, and December
2020. The annual take Stillwater
Sciences is requesting for this effort is
as follows: (1) Non-lethal capture and
release of up to 1,500 juvenile steelhead
while electrofishing, (2) non-lethal
capture and release of up to 150 juvenile
steelhead while seining, (3) non-lethal
capture and release up to 5 juvenile
steelhead while hook-and-line fishing,
and (4) non-lethal observation of up to
2000 juvenile and 10 adult steelhead
during instream snorkel surveys. The
potential annual unintentional lethal
take resulting from the proposed
enhancement activities is up to 33
juvenile steelhead. Overall, no
intentional lethal take of steelhead is
proposed or expected as a result of these
enhancement activities.
The proposed scientific enhancement
effort is expected to support steelhead
recovery in the Chorro Creek watershed
and is consistent with recommendations
and objectives outlined in NMFS’ South
Central California Steelhead Recovery
Plan. See the application for Permit
20085 for more details on the scientific
enhancement proposal and related
methodology.
Dated: July 18, 2016.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2016–17214 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Order Extending the Designation of the
Provider of Legal Entity Identifiers To
Be Used in Recordkeeping and Swap
Data Reporting Pursuant to the
Commission’s Regulations
Commodity Futures Trading
Commission.
ACTION: Order.
AGENCY:
The Commodity Futures
Trading Commission (‘‘Commission’’)
has issued an order (‘‘Order’’) to extend
the Commission’s designation of the
Depository Trust and Clearing
Corporation (‘‘DTCC’’) and Society for
SUMMARY:
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47360
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
Worldwide Interbank Financial
Telecommunication (‘‘SWIFT’’) joint
venture (‘‘DTCC–SWIFT’’) as the
provider of legal entity identifiers, or
‘‘LEIs,’’ pursuant to applicable
provisions of the Commodity Exchange
Act (‘‘CEA’’) and the Commission’s
regulations. DTCC–SWIFT’s designation
was originally made by Commission
order issued on July 23, 2012, for a term
of two years. The Commission’s order of
July 23, 2012 was amended on June 7,
2013, an Amended and Restated Order
issued on July 22, 2014 to extend
DTCC–SWIFT’s designation for an
additional one year, and an Order was
issued on July 17, 2015 to further extend
DTCC–SWIFT’s designation for an
additional one year. This Order
supersedes the Commission’s Order
issued on July 17, 2015 and further
extends DTCC–SWIFT’s designation for
an additional one year while the
transition to a fully operational global
LEI system continues. This Order
permits registered entities and swap
counterparties subject to the
Commission’s jurisdiction to comply
with the legal entity identifier
requirements of parts 45 and 46 of the
Commission’s regulations by using
identifiers issued by DTCC–SWIFT, or
any other pre-Local Operating Unit
(‘‘pre-LOU’’) that has been endorsed by
the Regulatory Oversight Committee
(‘‘ROC’’) of the global LEI system as
being globally acceptable and as issuing
globally acceptable legal entity
identifiers.
FOR FURTHER INFORMATION CONTACT:
Srinivas Bangarbale, Chief Data Officer,
Office of Data and Technology, (202)
418–5315, sbangarbale@cftc.gov, or
Richard Mo, Attorney Advisor, Division
of Market Oversight, (202) 418–7637,
rmo@cftc.gov, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Table of Contents
I. Background
A. Legal Entity Identifiers: CEA Section
21(b) and § 45.6 of the Commission’s
Regulations
B. Order of July 17, 2015
II. Further Extension of Designation of the
DTCC–SWIFT Utility
III. Order
I. Background
A. Legal Entity Identifiers: CEA Section
21(b) and § 45.6 of the Commission’s
Regulations
Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection
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Act (‘‘Dodd-Frank Act’’) 1 amended the
CEA 2 to establish a comprehensive new
regulatory framework for swaps.
Amendments to the CEA included the
addition of provisions requiring the
retention, and the reporting to
Commission-registered swap data
repositories (‘‘SDRs’’), of data regarding
swap transactions, in order to enhance
transparency, promote standardization
and reduce systemic risk.3 Pursuant to
these added provisions, the Commission
added to its regulations part 45,4 which
sets forth recordkeeping rules, and rules
for the reporting of swap transaction
data to a registered SDR; and part 46,5
which sets forth recordkeeping and
swap data reporting rules for historical
swaps.
Under the authority granted by
section 21(b) of the CEA, which, among
other things, directs the Commission to
prescribe standards that specify the data
elements for each swap that shall be
collected and maintained by a registered
SDR,6 the Commission, in its part 45
regulations, prescribed the use of a legal
entity identifier, or ‘‘LEI,’’ in required
recordkeeping and swap data reporting.
Section 45.6 provides that each
counterparty to any swap subject to the
jurisdiction of the Commission shall be
identified in all recordkeeping and all
swap data reporting pursuant to part 45
by means of a single legal entity
identifier as specified in that section.7
In adopting this requirement, the
Commission highlighted the LEI as a
crucial regulatory tool to facilitate data
aggregation by regulators, which
furthers, among other goals, the
L. 111–203, 124 Stat. 1376 (2010).
U.S.C. 1 et seq.
3 See, e.g., the following sections added by the
Dodd-Frank Act: Section 2(a)(13)(G) of the CEA,
which requires all swaps, whether cleared or
uncleared, to be reported to a registered SDR; new
Section 21(b) of the CEA, which directs the
Commission to prescribe standards for swap data
reporting and attendant recordkeeping; and new
Sections 4r and 2(h)(5) of the CEA, which, among
other things, establish reporting requirements for
swaps in effect as of the enactment of the DoddFrank Act (‘‘pre-enactment swaps’’), as well as
swaps in effect after such enactment but prior to the
effective date for compliance with the
Commission’s final recordkeeping and swap data
reporting rules (‘‘transition swaps’’ and, collectively
with pre-enactments swaps, ‘‘historical swaps’’).
4 Swap Data Recordkeeping and Reporting
Requirements, 77 FR 2136 (January 13, 2012).
5 Swap Data Recordkeeping and Reporting
Requirements: Pre-Enactment and Transition
Swaps, 77 FR 35200 (June 12, 2012).
6 CEA Section 21(b).
7 77 FR at 2204. In addition, in part 46 of the
Commission’s regulations, § 46.4 provides that each
counterparty to a historical swap in existence on or
after April 25, 2011, for which an initial data report
is required pursuant to part 46, must obtain a legal
entity identifier, which must be used for purposes
of recordkeeping and swap data reporting under
part 46 as prescribed in § 46.4. 77 FR at 35228–9.
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27
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systemic risk mitigation and market
manipulation prevention purposes of
the Dodd-Frank Act.8
Section 45.6 sets forth requirements
that the legal entity identifier to be used
to comply with the Commission’s
recordkeeping and swap data reporting
rules must meet, including satisfaction
of specified technical and governance
principles. In adopting these
requirements, the Commission took into
consideration work that had
commenced at the international level to
establish a global LEI system.9 The
Commission expressed its agreement
that ‘‘optimum effectiveness of [the LEI]
as a tool for achieving the systemic risk
mitigation, transparency and market
protection goals of the Dodd-Frank
Act—goals shared by financial
regulators world-wide—would come
from creation of [an LEI] . . . that is
capable of becoming the single
international standard for unique
identification of legal entities across the
world financial sector.’’ 10 The
Commission cited its involvement in an
international initiative, coordinated by
the Financial Stability Board (‘‘FSB’’),11
to establish standards, and a governance
framework, for a global LEI system—
including the Commission’s
participation in an ad hoc, expert group
of regulatory authorities convened by
the FSB to develop recommendations
regarding the implementation of such a
system.12
B. Order of July 17, 2015
The Commission’s July 23, 2012 order
was amended on June 7, 2013, and the
Commission issued an Amended and
Restated Order on July 22, 2014 to
extend its designation of the DTCC–
SWIFT utility while the terms of
transition to a fully operational global
LEI system were finalized and
implemented. In the Amended and
Restated Order, the Commission aligned
the legal entity identifier terminology
used therein with the terminology that
is currently in use at the international
level, and removed certain provisions
that, given the current state of
8 See
77 FR at 2138.
77 FR at 2163.
9 See
10 Id.
11 The FSB is an international body that develops
and promotes the implementation of effective
regulatory, supervisory and other policies in the
interest of financial stability. Established in 2009 as
a successor to the Financial Stability Forum, the
FSB coordinates the work of national financial
authorities, international standards setting bodies
and international financial institutions. Its
membership includes G–20 members, the
International Monetary Fund and the World Bank.
The FSB Secretariat is located in Basel,
Switzerland. The FSB’s Web site can be accessed
at https://www.financialstabilityboard.org.
12 See 77 FR at 2162.
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
implementation of the global LEI
system, were no longer applicable. On
July 17, 2015 the Commission issued an
Order further extending its designation
of the DTCC–SWIFT utility for an
additional year.
In the preamble to the Amended and
Restated Order, the Commission noted
that the process to establish the global
LEI system continued to move forward
since the issuance of the Amendment on
June 7, 2013, noting various
implementation milestones,13 and that
while progress towards the
establishment of the global LEI system
continued, the system would not be
fully operational before the expiration of
DTCC–SWIFT’s two-year term of
designation under the July 23, 2012
Order. The Commission believed it was
appropriate, in order to further the
smooth transition to a fully operational
global LEI system, to extend its
designation of the DTCC–SWIFT utility,
given the significant progress made in
establishing the global LEI system—
including the ROC’s endorsement of the
DTCC–SWIFT utility as a globally
acceptable pre-LOU.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
II. Further Extension of Designation of
the DTCC–SWIFT Utility
Progress towards the establishment of
the global LEI system continues. The
Global LEI Foundation (‘‘GLEIF’’) is
incorporated and has finalized the
Master Agreement with pre-LOUs,
including DTCC–SWIFT’s Global
Markets Entity Identifier (‘‘GMEI’’)
utility. The ROC continues, within its
authority, to facilitate that process. The
finalization of the Master Agreement
was the result of a deliberative process
that included several multi-party
discussions.14 As pre-LOUs sign the
Master Agreement and go through the
process to become accredited, they will
become LOUs and will be under the
direct operational oversight of the
GLEIF, which in turn will be under the
oversight of the ROC. While it is
13 In the second half of 2013, the ROC adopted
endorsement standards for pre-LOUs and the
identifiers issued by them, and endorsed sixteen
member-sponsored pre-LOUs—including DTCC–
SWIFT—as globally acceptable. The Global LEI
Foundation that will provide the Central Operating
Unit (‘‘COU’’), managing the central operations of
the global LEI system, was formally established
under Swiss law. The ROC and the Global LEI
Foundation are developing a framework for the
transition of full operational management of the
global LEI system to the COU, with supervisory
oversight by the ROC in the public interest.
14 In its 2015 Annual Report, the GLEIF reported
certain milestones regarding the implementation of
the Master Agreement, including the arrival of an
agreed framework for business operations between
the GLEIF and the LOUs. See GLEIF 2015 Annual
Report, available at https://www.gleif.org/content/1about/5-governance/10-annual-report/2016–05–03_
gleif_2015_annual_report_final.pdf.
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expected that DTCC–SWIFT will be
accredited in the near term, given the
international and deliberative nature of
the process, the Commission finds it
appropriate to provide sufficient time
for the process to conclude successfully
and smoothly.
Accordingly, the Commission is
issuing this Order, to further extend the
Commission’s designation of the DTCC–
SWIFT utility while the transition to a
fully operational global LEI system is
implemented. The Commission is not
otherwise modifying the terms or
conditions found in the Amended and
Restated Order.
III. Order
It is ordered, pursuant to Section
21(b) of the CEA and § 45.6 of the
Commission’s regulations that:
1. Subject to the conditions and terms
below, the Depository Trust and
Clearing Corporation (‘‘DTCC’’) and
Society for Worldwide Interbank
Financial Telecommunications
(‘‘SWIFT’’) joint venture (‘‘DTCC–
SWIFT’’) is designated as the provider
of legal entity identifiers (‘‘LEIs’’), to be
used in recordkeeping and swap data
reporting pursuant to parts 45 and 46 of
the Commission’s regulations.
a. This designation is conditioned on
DTCC–SWIFT’s continuing compliance,
for as long as it is authorized to provide
LEIs by this order or any future order of
the Commission, with all of the legal
entity identifier requirements of part 45
of the Commission’s regulations, and
any related requirements as set forth in
this order or in the requirements
document provided to DTCC–SWIFT
during the determination and
designation process; including, without
limitation, the requirement to be subject
to supervision by a governance structure
that includes the Commission and other
financial regulators in any jurisdiction
requiring use of legal entity identifiers
pursuant to applicable law, for the
purpose of ensuring that issuance and
maintenance of LEIs and of associated
reference data adheres on an ongoing
basis to the Commission’s requirements
set forth in part 45.
b. This designation is further
conditioned on the requirement that,
subject to applicable confidentiality
laws and other applicable law, (1)
DTCC–SWIFT shall make public all LEIs
and associated reference data, utility
operations, and identity validation
processes, and (2) if DTCC–SWIFT fails
to satisfy the conditions of this
designation, or upon any termination of
this designation pursuant to Section
2(c)(2) below, DTCC–SWIFT shall, as
instructed by the Commission, pass to a
successor LEI utility specified by the
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47361
Commission, or to the global LEI
system, free of charge, all LEIs issued by
DTCC–SWIFT and associated reference
data and all LEI intellectual property
rights.
c. This designation is made for a
limited term, expiring on July 24, 2017
and may be terminated by the
Commission on three months’ notice in
connection with (1) the establishment of
the global LEI system, or (2) DTCC–
SWIFT’s exit from the global LEI
system.
2. To comply with the legal entity
identifier requirements of parts 45 and
46 of the Commission’s regulations:
a. Registered entities and swap
counterparties subject to the
Commission’s jurisdiction may use LEIs
provided by DTCC–SWIFT, any other
pre-Local Operating Unit (‘‘pre-LOU’’)
endorsed by the Regulatory Oversight
Committee of the global LEI system
(‘‘ROC’’) as globally acceptable and as
issuing globally acceptable LEIs, or any
Local Operating Unit (‘‘LOU’’)
accredited by the Global LEI Foundation
(‘‘GLEIF’’). The list of pre-LOUs that are
currently approved by the ROC as
globally acceptable and that are issuing
globally acceptable LEIs, including the
Web site address via which registered
entities and swap counterparties may
contact each such pre-LOU, is available
at https://www.leiroc.org/publications/
gls/lou_20131003_2.pdf. The list of
accredited LOUs can be found on the
GLEIF Web site at https://www.gleif.org.
b. As provided in § 45.6(b)(1) of the
Commission’s regulations, registered
entities and swap counterparties subject
to the Commission’s jurisdiction shall
be identified in all swap recordkeeping
and swap data reporting by a single LEI.
3. This Order supersedes the
Commission’s Order issued on July 17,
2015.
Issued in Washington, DC, on July 18,
2016, by the Commission.
Robert N. Sidman,
Deputy Secretary of the Commission.
Appendix to Order Extending the
Designation of the Provider of Legal
Entity Identifiers To Be Used in
Recordkeeping and Swap Data
Reporting Pursuant to the
Commission’s Regulations—
Commission Voting Summary
On this matter, Chairman Massad and
Commissioners Bowen and Giancarlo voted
in the affirmative. No Commissioner voted in
the negative.
[FR Doc. 2016–17229 Filed 7–20–16; 8:45 am]
BILLING CODE 6351–01–P
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Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47359-47361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17229]
=======================================================================
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COMMODITY FUTURES TRADING COMMISSION
Order Extending the Designation of the Provider of Legal Entity
Identifiers To Be Used in Recordkeeping and Swap Data Reporting
Pursuant to the Commission's Regulations
AGENCY: Commodity Futures Trading Commission.
ACTION: Order.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (``Commission'') has
issued an order (``Order'') to extend the Commission's designation of
the Depository Trust and Clearing Corporation (``DTCC'') and Society
for
[[Page 47360]]
Worldwide Interbank Financial Telecommunication (``SWIFT'') joint
venture (``DTCC-SWIFT'') as the provider of legal entity identifiers,
or ``LEIs,'' pursuant to applicable provisions of the Commodity
Exchange Act (``CEA'') and the Commission's regulations. DTCC-SWIFT's
designation was originally made by Commission order issued on July 23,
2012, for a term of two years. The Commission's order of July 23, 2012
was amended on June 7, 2013, an Amended and Restated Order issued on
July 22, 2014 to extend DTCC-SWIFT's designation for an additional one
year, and an Order was issued on July 17, 2015 to further extend DTCC-
SWIFT's designation for an additional one year. This Order supersedes
the Commission's Order issued on July 17, 2015 and further extends
DTCC-SWIFT's designation for an additional one year while the
transition to a fully operational global LEI system continues. This
Order permits registered entities and swap counterparties subject to
the Commission's jurisdiction to comply with the legal entity
identifier requirements of parts 45 and 46 of the Commission's
regulations by using identifiers issued by DTCC-SWIFT, or any other
pre-Local Operating Unit (``pre-LOU'') that has been endorsed by the
Regulatory Oversight Committee (``ROC'') of the global LEI system as
being globally acceptable and as issuing globally acceptable legal
entity identifiers.
FOR FURTHER INFORMATION CONTACT: Srinivas Bangarbale, Chief Data
Officer, Office of Data and Technology, (202) 418-5315,
sbangarbale@cftc.gov, or Richard Mo, Attorney Advisor, Division of
Market Oversight, (202) 418-7637, rmo@cftc.gov, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Legal Entity Identifiers: CEA Section 21(b) and Sec. 45.6 of
the Commission's Regulations
B. Order of July 17, 2015
II. Further Extension of Designation of the DTCC-SWIFT Utility
III. Order
I. Background
A. Legal Entity Identifiers: CEA Section 21(b) and Sec. 45.6 of the
Commission's Regulations
Title VII of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank Act'') \1\ amended the CEA \2\ to
establish a comprehensive new regulatory framework for swaps.
Amendments to the CEA included the addition of provisions requiring the
retention, and the reporting to Commission-registered swap data
repositories (``SDRs''), of data regarding swap transactions, in order
to enhance transparency, promote standardization and reduce systemic
risk.\3\ Pursuant to these added provisions, the Commission added to
its regulations part 45,\4\ which sets forth recordkeeping rules, and
rules for the reporting of swap transaction data to a registered SDR;
and part 46,\5\ which sets forth recordkeeping and swap data reporting
rules for historical swaps.
---------------------------------------------------------------------------
\1\ Pub. L. 111-203, 124 Stat. 1376 (2010).
\2\ 7 U.S.C. 1 et seq.
\3\ See, e.g., the following sections added by the Dodd-Frank
Act: Section 2(a)(13)(G) of the CEA, which requires all swaps,
whether cleared or uncleared, to be reported to a registered SDR;
new Section 21(b) of the CEA, which directs the Commission to
prescribe standards for swap data reporting and attendant
recordkeeping; and new Sections 4r and 2(h)(5) of the CEA, which,
among other things, establish reporting requirements for swaps in
effect as of the enactment of the Dodd-Frank Act (``pre-enactment
swaps''), as well as swaps in effect after such enactment but prior
to the effective date for compliance with the Commission's final
recordkeeping and swap data reporting rules (``transition swaps''
and, collectively with pre-enactments swaps, ``historical swaps'').
\4\ Swap Data Recordkeeping and Reporting Requirements, 77 FR
2136 (January 13, 2012).
\5\ Swap Data Recordkeeping and Reporting Requirements: Pre-
Enactment and Transition Swaps, 77 FR 35200 (June 12, 2012).
---------------------------------------------------------------------------
Under the authority granted by section 21(b) of the CEA, which,
among other things, directs the Commission to prescribe standards that
specify the data elements for each swap that shall be collected and
maintained by a registered SDR,\6\ the Commission, in its part 45
regulations, prescribed the use of a legal entity identifier, or
``LEI,'' in required recordkeeping and swap data reporting. Section
45.6 provides that each counterparty to any swap subject to the
jurisdiction of the Commission shall be identified in all recordkeeping
and all swap data reporting pursuant to part 45 by means of a single
legal entity identifier as specified in that section.\7\ In adopting
this requirement, the Commission highlighted the LEI as a crucial
regulatory tool to facilitate data aggregation by regulators, which
furthers, among other goals, the systemic risk mitigation and market
manipulation prevention purposes of the Dodd-Frank Act.\8\
---------------------------------------------------------------------------
\6\ CEA Section 21(b).
\7\ 77 FR at 2204. In addition, in part 46 of the Commission's
regulations, Sec. 46.4 provides that each counterparty to a
historical swap in existence on or after April 25, 2011, for which
an initial data report is required pursuant to part 46, must obtain
a legal entity identifier, which must be used for purposes of
recordkeeping and swap data reporting under part 46 as prescribed in
Sec. 46.4. 77 FR at 35228-9.
\8\ See 77 FR at 2138.
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Section 45.6 sets forth requirements that the legal entity
identifier to be used to comply with the Commission's recordkeeping and
swap data reporting rules must meet, including satisfaction of
specified technical and governance principles. In adopting these
requirements, the Commission took into consideration work that had
commenced at the international level to establish a global LEI
system.\9\ The Commission expressed its agreement that ``optimum
effectiveness of [the LEI] as a tool for achieving the systemic risk
mitigation, transparency and market protection goals of the Dodd-Frank
Act--goals shared by financial regulators world-wide--would come from
creation of [an LEI] . . . that is capable of becoming the single
international standard for unique identification of legal entities
across the world financial sector.'' \10\ The Commission cited its
involvement in an international initiative, coordinated by the
Financial Stability Board (``FSB''),\11\ to establish standards, and a
governance framework, for a global LEI system--including the
Commission's participation in an ad hoc, expert group of regulatory
authorities convened by the FSB to develop recommendations regarding
the implementation of such a system.\12\
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\9\ See 77 FR at 2163.
\10\ Id.
\11\ The FSB is an international body that develops and promotes
the implementation of effective regulatory, supervisory and other
policies in the interest of financial stability. Established in 2009
as a successor to the Financial Stability Forum, the FSB coordinates
the work of national financial authorities, international standards
setting bodies and international financial institutions. Its
membership includes G-20 members, the International Monetary Fund
and the World Bank. The FSB Secretariat is located in Basel,
Switzerland. The FSB's Web site can be accessed at https://www.financialstabilityboard.org.
\12\ See 77 FR at 2162.
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B. Order of July 17, 2015
The Commission's July 23, 2012 order was amended on June 7, 2013,
and the Commission issued an Amended and Restated Order on July 22,
2014 to extend its designation of the DTCC-SWIFT utility while the
terms of transition to a fully operational global LEI system were
finalized and implemented. In the Amended and Restated Order, the
Commission aligned the legal entity identifier terminology used therein
with the terminology that is currently in use at the international
level, and removed certain provisions that, given the current state of
[[Page 47361]]
implementation of the global LEI system, were no longer applicable. On
July 17, 2015 the Commission issued an Order further extending its
designation of the DTCC-SWIFT utility for an additional year.
In the preamble to the Amended and Restated Order, the Commission
noted that the process to establish the global LEI system continued to
move forward since the issuance of the Amendment on June 7, 2013,
noting various implementation milestones,\13\ and that while progress
towards the establishment of the global LEI system continued, the
system would not be fully operational before the expiration of DTCC-
SWIFT's two-year term of designation under the July 23, 2012 Order. The
Commission believed it was appropriate, in order to further the smooth
transition to a fully operational global LEI system, to extend its
designation of the DTCC-SWIFT utility, given the significant progress
made in establishing the global LEI system--including the ROC's
endorsement of the DTCC-SWIFT utility as a globally acceptable pre-LOU.
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\13\ In the second half of 2013, the ROC adopted endorsement
standards for pre-LOUs and the identifiers issued by them, and
endorsed sixteen member-sponsored pre-LOUs--including DTCC-SWIFT--as
globally acceptable. The Global LEI Foundation that will provide the
Central Operating Unit (``COU''), managing the central operations of
the global LEI system, was formally established under Swiss law. The
ROC and the Global LEI Foundation are developing a framework for the
transition of full operational management of the global LEI system
to the COU, with supervisory oversight by the ROC in the public
interest.
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II. Further Extension of Designation of the DTCC-SWIFT Utility
Progress towards the establishment of the global LEI system
continues. The Global LEI Foundation (``GLEIF'') is incorporated and
has finalized the Master Agreement with pre-LOUs, including DTCC-
SWIFT's Global Markets Entity Identifier (``GMEI'') utility. The ROC
continues, within its authority, to facilitate that process. The
finalization of the Master Agreement was the result of a deliberative
process that included several multi-party discussions.\14\ As pre-LOUs
sign the Master Agreement and go through the process to become
accredited, they will become LOUs and will be under the direct
operational oversight of the GLEIF, which in turn will be under the
oversight of the ROC. While it is expected that DTCC-SWIFT will be
accredited in the near term, given the international and deliberative
nature of the process, the Commission finds it appropriate to provide
sufficient time for the process to conclude successfully and smoothly.
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\14\ In its 2015 Annual Report, the GLEIF reported certain
milestones regarding the implementation of the Master Agreement,
including the arrival of an agreed framework for business operations
between the GLEIF and the LOUs. See GLEIF 2015 Annual Report,
available at https://www.gleif.org/content/1-about/5-governance/10-annual-report/2016-05-03_gleif_2015_annual_report_final.pdf.
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Accordingly, the Commission is issuing this Order, to further
extend the Commission's designation of the DTCC-SWIFT utility while the
transition to a fully operational global LEI system is implemented. The
Commission is not otherwise modifying the terms or conditions found in
the Amended and Restated Order.
III. Order
It is ordered, pursuant to Section 21(b) of the CEA and Sec. 45.6
of the Commission's regulations that:
1. Subject to the conditions and terms below, the Depository Trust
and Clearing Corporation (``DTCC'') and Society for Worldwide Interbank
Financial Telecommunications (``SWIFT'') joint venture (``DTCC-SWIFT'')
is designated as the provider of legal entity identifiers (``LEIs''),
to be used in recordkeeping and swap data reporting pursuant to parts
45 and 46 of the Commission's regulations.
a. This designation is conditioned on DTCC-SWIFT's continuing
compliance, for as long as it is authorized to provide LEIs by this
order or any future order of the Commission, with all of the legal
entity identifier requirements of part 45 of the Commission's
regulations, and any related requirements as set forth in this order or
in the requirements document provided to DTCC-SWIFT during the
determination and designation process; including, without limitation,
the requirement to be subject to supervision by a governance structure
that includes the Commission and other financial regulators in any
jurisdiction requiring use of legal entity identifiers pursuant to
applicable law, for the purpose of ensuring that issuance and
maintenance of LEIs and of associated reference data adheres on an
ongoing basis to the Commission's requirements set forth in part 45.
b. This designation is further conditioned on the requirement that,
subject to applicable confidentiality laws and other applicable law,
(1) DTCC-SWIFT shall make public all LEIs and associated reference
data, utility operations, and identity validation processes, and (2) if
DTCC-SWIFT fails to satisfy the conditions of this designation, or upon
any termination of this designation pursuant to Section 2(c)(2) below,
DTCC-SWIFT shall, as instructed by the Commission, pass to a successor
LEI utility specified by the Commission, or to the global LEI system,
free of charge, all LEIs issued by DTCC-SWIFT and associated reference
data and all LEI intellectual property rights.
c. This designation is made for a limited term, expiring on July
24, 2017 and may be terminated by the Commission on three months'
notice in connection with (1) the establishment of the global LEI
system, or (2) DTCC-SWIFT's exit from the global LEI system.
2. To comply with the legal entity identifier requirements of parts
45 and 46 of the Commission's regulations:
a. Registered entities and swap counterparties subject to the
Commission's jurisdiction may use LEIs provided by DTCC-SWIFT, any
other pre-Local Operating Unit (``pre-LOU'') endorsed by the Regulatory
Oversight Committee of the global LEI system (``ROC'') as globally
acceptable and as issuing globally acceptable LEIs, or any Local
Operating Unit (``LOU'') accredited by the Global LEI Foundation
(``GLEIF''). The list of pre-LOUs that are currently approved by the
ROC as globally acceptable and that are issuing globally acceptable
LEIs, including the Web site address via which registered entities and
swap counterparties may contact each such pre-LOU, is available at
https://www.leiroc.org/publications/gls/lou_20131003_2.pdf. The list of
accredited LOUs can be found on the GLEIF Web site at https://www.gleif.org.
b. As provided in Sec. 45.6(b)(1) of the Commission's regulations,
registered entities and swap counterparties subject to the Commission's
jurisdiction shall be identified in all swap recordkeeping and swap
data reporting by a single LEI.
3. This Order supersedes the Commission's Order issued on July 17,
2015.
Issued in Washington, DC, on July 18, 2016, by the Commission.
Robert N. Sidman,
Deputy Secretary of the Commission.
Appendix to Order Extending the Designation of the Provider of Legal
Entity Identifiers To Be Used in Recordkeeping and Swap Data Reporting
Pursuant to the Commission's Regulations--Commission Voting Summary
On this matter, Chairman Massad and Commissioners Bowen and
Giancarlo voted in the affirmative. No Commissioner voted in the
negative.
[FR Doc. 2016-17229 Filed 7-20-16; 8:45 am]
BILLING CODE 6351-01-P