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The ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol is designed to allow swap market participants to simultaneously amend the terms of an agreement covered by the Protocol to reflect certain portfolio reconciliation and dispute resolution obligations imposed by Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR). The Protocol also includes a disclosure waiver relating to reporting and record keeping obligations under EMIR. ISDA will also shortly publish a standard agreement based on the Protocol which could be used between market participants to comply with these obligations on a bilateral basis, to the extent that they wish to do so.
The Reporting Guidance Note provides guidance on some of the issues that arise in respect of the reporting obligations under EMIR, and includes draft language that market participants can use as part of their tool kit for compliance with those reporting obligations. It will also facilitate bilateral agreement between parties to an ISDA Master Agreement that wish to incorporate wording to reflect their agreement as to their respective reporting obligations.
“EMIR imposes a range of new regulatory obligations on OTC derivatives market participants”, said Robert Pickel, ISDA Chief Executive Officer. “The publication of the new Protocol represents another step in ISDA’s on-going work to facilitate compliance with these obligations by market participants, in Europe and around the world.”
The Protocol will be open indefinitely. Compliance with certain EMIR requirements, for which the Protocol may be relevant, is required by September 15, 2013.