(1) Requirement; authority of derivatives clearing organization
(A) In general
It shall be unlawful for any person, unless registered with the Commission, directly or indirectly to make use of the mails or any means or instrumentality of interstate commerce to perform the functions of a swap data repository.
(B) Registration of derivatives clearing organizations
A derivatives clearing organization may register as a swap data repository.
(2) Inspection and examination
Each registered swap data repository shall be subject to inspection and examination by any representative of the Commission.
(3) Compliance with core principles
(A) In general
To be registered, and maintain registration, as a swap data repository, the swap data repository shall comply with—
(i)the requirements and core principles described in this section; and
(ii)any requirement that the Commission may impose by rule or regulation pursuant to section
12a(5) of this title.
(B) Reasonable discretion of swap data repository
Unless otherwise determined by the Commission by rule or regulation, a swap data repository described in subparagraph (A) shall have reasonable discretion in establishing the manner in which the swap data repository complies with the core principles described in this section.
(b) Standard setting
(1) Data identification
(A) In general
In accordance with subparagraph (B), the Commission shall prescribe standards that specify the data elements for each swap that shall be collected and maintained by each registered swap data repository.
In carrying out subparagraph (A), the Commission shall prescribe consistent data element standards applicable to registered entities and reporting counterparties.
(2) Data collection and maintenance
The Commission shall prescribe data collection and data maintenance standards for swap data repositories.
The standards prescribed by the Commission under this subsection shall be comparable to the data standards imposed by the Commission on derivatives clearing organizations in connection with their clearing of swaps.
A swap data repository shall—
(1)accept data prescribed by the Commission for each swap under subsection (b);
(2)confirm with both counterparties to the swap the accuracy of the data that was submitted;
(3)maintain the data described in paragraph (1) in such form, in such manner, and for such period as may be required by the Commission;
(A)provide direct electronic access to the Commission (or any designee of the Commission, including another registered entity); and
(B)provide the information described in paragraph (1) in such form and at such frequency as the Commission may require to comply with the public reporting requirements contained in section
2(a)(13) of this title;
(5)at the direction of the Commission, establish automated systems for monitoring, screening, and analyzing swap data, including compliance and frequency of end user clearing exemption claims by individual and affiliated entities;
(6)maintain the privacy of any and all swap transaction information that the swap data repository receives from a swap dealer, counterparty, or any other registered entity; and
(7)on a confidential basis pursuant to section
12 of this title, upon request, and after notifying the Commission of the request, make available all data obtained by the swap data repository, including individual counterparty trade and position data, to—
(A)each appropriate prudential regulator;
(B)the Financial Stability Oversight Council;
(C)the Securities and Exchange Commission;
(D)the Department of Justice; and
(E)any other person that the Commission determines to be appropriate, including—
(8)establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allows for the timely recovery and resumption of operations and the fulfillment of the responsibilities and obligations of the organization.
(d) Confidentiality and indemnification agreement
Before the swap data repository may share information with any entity described in subsection (c)(7)—
(1)the swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section
12 of this title relating to the information on swap transactions that is provided; and
(2)each entity shall agree to indemnify the swap data repository and the Commission for any expenses arising from litigation relating to the information provided under section
12 of this title.
(e) Designation of chief compliance officer
(1) In general
Each swap data repository shall designate an individual to serve as a chief compliance officer.
The chief compliance officer shall—
(A)report directly to the board or to the senior officer of the swap data repository;
(B)review the compliance of the swap data repository with respect to the requirements and core principles described in this section;
(C)in consultation with the board of the swap data repository, a body performing a function similar to the board of the swap data repository, or the senior officer of the swap data repository, resolve any conflicts of interest that may arise;
(D)be responsible for administering each policy and procedure that is required to be established pursuant to this section;
(E)ensure compliance with this chapter (including regulations) relating to agreements, contracts, or transactions, including each rule prescribed by the Commission under this section;
(F)establish procedures for the remediation of noncompliance issues identified by the chief compliance officer through any—
(i)compliance office review;
(iii)internal or external audit finding;
(iv)self-reported error; or
(v)validated complaint; and
(G)establish and follow appropriate procedures for the handling, management response, remediation, retesting, and closing of noncompliance issues.
(3) Annual reports
(A) In general
In accordance with rules prescribed by the Commission, the chief compliance officer shall annually prepare and sign a report that contains a description of—
(i)the compliance of the swap data repository of the chief compliance officer with respect to this chapter (including regulations); and
(ii)each policy and procedure of the swap data repository of the chief compliance officer (including the code of ethics and conflict of interest policies of the swap data repository).
A compliance report under subparagraph (A) shall—
(i)accompany each appropriate financial report of the swap data repository that is required to be furnished to the Commission pursuant to this section; and
(ii)include a certification that, under penalty of law, the compliance report is accurate and complete.
(f) Core principles applicable to swap data repositories
(1) Antitrust considerations
Unless necessary or appropriate to achieve the purposes of this chapter, a swap data repository shall not—
(A)adopt any rule or take any action that results in any unreasonable restraint of trade; or
(B)impose any material anticompetitive burden on the trading, clearing, or reporting of transactions.
(2) Governance arrangements
Each swap data repository shall establish governance arrangements that are transparent—
(A)to fulfill public interest requirements; and
(B)to support the objectives of the Federal Government, owners, and participants.
(3) Conflicts of interest
Each swap data repository shall—
(A)establish and enforce rules to minimize conflicts of interest in the decision-making process of the swap data repository; and
(B)establish a process for resolving conflicts of interest described in subparagraph (A).
(4) Additional duties developed by Commission
(A) In general
The Commission may develop 1 or more additional duties applicable to swap data repositories.
(B) Consideration of evolving standards
In developing additional duties under subparagraph (A), the Commission may take into consideration any evolving standard of the United States or the international community.
(C) Additional duties for Commission designees
The Commission shall establish additional duties for any registrant described in section
1a(48) of this title in order to minimize conflicts of interest, protect data, ensure compliance, and guarantee the safety and security of the swap data repository.
(g) Required registration for swap data repositories
Any person that is required to be registered as a swap data repository under this section shall register with the Commission regardless of whether that person is also licensed as a bank or registered with the Securities and Exchange Commission as a swap data repository.
The Commission shall adopt rules governing persons that are registered under this section.
A prior section 21 of act Sept. 21, 1922, ch. 369, as added by Pub. L. 96–276, § 7,June 17, 1980, 94 Stat. 542, related to silver markets activity and was set out as a note under section
4a of this title prior to repeal by Pub. L. 102–546, title IV, § 402(13),Oct. 28, 1992, 106 Stat. 3625.
Section effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§ 711–754) of title VII of Pub. L. 111–203requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 ofPub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section
1a of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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