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[35370]
July 10, 2023
TO: ICI Members
On July 7, the CFTC approved the "made available to trade" (MAT) determination[1] that Tradeweb's registered swap execution facility (SEF), TW SEF LLC (TW SEF), resubmitted in late May for certain overnight index swaps (OIS) referencing specific risk-free rates.[2] Specifically, the MAT determination covers certain U.S. Dollar (USD) Secured Overnight Financing Rate (SOFR) OIS and Pound Sterling (GBP) Sterling Overnight Index Average (SONIA) OIS.[3]
The swaps subject to the MAT determination will become subject to the trade execution requirement on Saturday, August 5 ("the effective date"). At that time, all transactions involving the swaps subject to the trade execution requirement must be executed on a registered SEF, a designated contract market, or a SEF exempted from registration under Commodities Exchange Act Section 5h(g).[4]
The specific OIS covered in the MAT determination that will become subject to the trade execution requirement on the effective date are as follows:
Nicolas Valderrama
Counsel
[1] CFTC Announces Trade Execution Requirement for Certain SOFR and SONIA OIS, Release No. 8745-23 (July 7, 2023), available at https://www.cftc.gov/PressRoom/PressReleases/8745-23.
[2] See TWSEF's MAT determination (May 22, 2023) ("MAT Resubmission"), available at https://www.cftc.gov/IndustryOversight/IndustryFilings/SMATDRules/50832. For a summary of TW SEF's MAT Resubmission, please see ICI Memorandum No. 35343, available at https://www.ici.org/memo35343. TW SEF filed the MAT Resubmission after withdrawing its initial MAT submission, which it filed on April 12. See ICI Memorandum No. 35266.
[3] These OIS became subject to the CFTC's clearing requirement in 2022 and are currently listed on TW SEF.
[4] The list of entities that currently are exempt from SEF registration consist of foreign swap trading facilities. CFTC, Exemption of Foreign Swap Trading Facilities from SEF Registration, https://www.cftc.gov/International/ForeignMarketsandProducts/ExemptSEFs.
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