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7 U.S.C. § 6rReporting and recordkeeping for uncleared swaps

submitted 104 years ago by Pub. L. 111-203 to r/title-7-AGRICULTURE · 591 words · no verdicts yet

in plain englishAI-generated · not legal advice

Swaps not cleared by a derivatives clearing organization must be reported to a swap data repository, or to the Commission if no repository accepts it. Which party reports depends on whether the counterparties are swap dealers or major swap participants. Anyone whose swap goes unreported must instead keep records and file reports on request.

(a) Required reporting of swaps not accepted by any derivatives clearing organization (1) In general. A swap that no derivatives clearing organization accepts for clearing must be reported either (A) to a swap data repository under section 24a, or (B) if no repository will take it, to the Commission itself, within whatever time the Commission sets by rule. (2) Transition rule for pre-enactment swaps. (A) A swap entered into before July 21, 2010, whose terms hadn't expired by that date, had to be reported to a registered swap data repository or the Commission within 30 days of the interim final rule being issued, or another period the Commission decided was appropriate. (B) The Commission had to issue that interim final rule within 90 days of July 21, 2010, covering reporting of pre-existing swaps. (C) These reporting rules took effect as soon as this section became law. (3) Reporting obligations. (A) If only one side of a swap is a swap dealer or major swap participant, that side must report the swap. (B) If one side is a swap dealer and the other is a major swap participant, the swap dealer must report it. (C) For any other swap, the two counterparties must agree on which of them reports it. (b) Duties of certain individuals Anyone who enters a swap must meet the requirements in subsection (c) if the swap wasn't (1) cleared under section 2(h)(1), or (2) accepted by a swap data repository under the Commission's rules. (c) Requirements That person or entity must: (1) give the Commission reports about their swaps, in the form and manner the Commission asks for, if the Commission requests it in writing; and (2) keep books and records about their swaps, in the form, manner, and for the period the Commission requires — open to inspection by (A) any Commission representative, (B) the appropriate prudential regulator, (C) the SEC, (D) the Financial Stability Oversight Council, and (E) the Department of Justice. (d) Identical data When writing rules under this section, the Commission must require these individuals and entities to report data at least as complete as what swap data repositories must collect under section 24a.
the actual law source: uscode.house.gov ↗public domain
(a) Required reporting of swaps not accepted by any derivatives clearing organization
(1) In general

Each swap that is not accepted for clearing by any derivatives clearing organization shall be reported to—

(A)

a swap data repository described in section 24a of this title; or

(B)

in the case in which there is no swap data repository that would accept the swap, to the Commission pursuant to this section within such time period as the Commission may by rule or regulation prescribe.

(2) Transition rule for preenactment swaps
(A) Swaps entered into before July 21, 2010

Each swap entered into before July 21, 2010, the terms of which have not expired as of July 21, 2010, shall be reported to a registered swap data repository or the Commission by a date that is not later than—

(i)

30 days after issuance of the interim final rule; or

(ii)

such other period as the Commission determines to be appropriate.

(B) Commission rulemaking

The Commission shall promulgate an interim final rule within 90 days of July 21, 2010, providing for the reporting of each swap entered into before July 21, 2010.

(C) Effective date

The reporting provisions described in this section shall be effective upon the enactment of this section.

(3) Reporting obligations
(A) Swaps in which only 1 counterparty is a swap dealer or major swap participant

With respect to a swap in which only 1 counterparty is a swap dealer or major swap participant, the swap dealer or major swap participant shall report the swap as required under paragraphs (1) and (2).

(B) Swaps in which 1 counterparty is a swap dealer and the other a major swap participant

With respect to a swap in which 1 counterparty is a swap dealer and the other a major swap participant, the swap dealer shall report the swap as required under paragraphs (1) and (2).

(C) Other swaps

With respect to any other swap not described in subparagraph (A) or (B), the counterparties to the swap shall select a counterparty to report the swap as required under paragraphs (1) and (2).

(b) Duties of certain individuals

Any individual or entity that enters into a swap shall meet each requirement described in subsection (c) if the individual or entity did not—

(1)

clear the swap in accordance with section 2(h)(1) of this title; or

(2)

have the data regarding the swap accepted by a swap data repository in accordance with rules (including timeframes) adopted by the Commission under section 24a of this title.

(c) Requirements

An individual or entity described in subsection (b) shall—

(1)

upon written request from the Commission, provide reports regarding the swaps held by the individual or entity to the Commission in such form and in such manner as the Commission may request; and

(2)

maintain books and records pertaining to the swaps held by the individual or entity in such form, in such manner, and for such period as the Commission may require, which shall be open to inspection by—

(A)

any representative of the Commission;

(B)

an appropriate prudential regulator;

(C)

the Securities and Exchange Commission;

(D)

the Financial Stability Oversight Council; and

(E)

the Department of Justice.

(d) Identical data

In prescribing rules under this section, the Commission shall require individuals and entities described in subsection (b) to submit to the Commission a report that contains data that is not less comprehensive than the data required to be collected by swap data repositories under section 24a of this title.

Source credit: (Sept. 21, 1922, ch. 369, § 4r, as added Pub. L. 111–203, title VII, § 729, July 21, 2010, 124 Stat. 1701.)

history & why it existsrecord from the source credit
  • 1922Enacted · Pub. L. 111-203 · 124 Stat. 1701

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1922-09-21.

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