13 September 2013 IHR webinar: “Cross-border representations for the amendment of ISDN” An end-user must take into account: that, while it has approved the August 2012 IsDA DF Terms Agreement in accordance with the August 2012 Protocol, such an agreement is not sufficient for the purposes of CFTC Regulation 23.504 and that this end-user should ensure that it complies with the ISDA 2013 DF Protocol Master Agreement or that it has an ISDA Framework Contract or equivalent documentation t, which is available until July 1st. 2013 with each relevant CFTC swap unit to settle subsequent swaps. Swaps and major swap participants must have an agreed daily valuation methodology: (i) for the purpose of determining capital and margin requirements for unliquidated swaps concluded by swaps and large swap participants (in accordance with Section 4s(e) of the CEA) and (ii) as part of the internal risk management systems of swaps and major swap participants (in accordance with the section 4s (j) of the CEA). Since neither the CFTC, nor the Securities and Exchange Commission, nor the Securities and Exchange Commission have adopted definitive rules regarding the margin requirements for unliquidated swaps, the valuation methodology contained in the March 2013 Protocol (hereinafter referred to as the risk assessment) is intended only to ensure that swaps and significant participants in trading meet the risk management requirements set out in section 4s (j) – and is not binding on the parties for other purposes (including: e the purposes of determining margins within the framework of existing trade documentation). Accordingly, Section 3.10 of the March 2013 Protocol provides that the Parties recognise that the adoption of margin schemes under Section 4s(e) may require additional agreements between the Parties, both for the purposes of those provisions and for the purposes of Section 4s(j). The Parties may agree, outside the scope of the March 2013 Protocol, to remedy a divergence through a market investigation or other mechanism, but the March 2013 Protocol does not provide for a resolution mechanism other than consultations. Valuation disputes involving amounts in excess of $US 20 million that will not be resolved within five business days must be reported to the CFTC. In July, the CFTC issued an “Interpretive Guidance and Policy Statement Regarding Conformité with Certain Swap Regulations,” which indicates when the CFTC will assert jurisdiction over swap transactions that is a non-U.S. element. IsDA published a cross-border exchange letter in August. The letter allows market participants to provide counterparties with the necessary status submissions to determine whether compliance is necessary. This webinar explains the content of the letter of representation as well as the cover letters on ISDA Amend with Cadwalader, Wickersham &Taft LLP, ISDA and Markit….