SD Filing Requirements
NFA Compliance Rule 2-49 requires swap dealers (SD) to promptly submit to NFA upon request any reports, documents or notices, including those required by CFTC Regulation 3.3 or Part 23 of the CFTC's regulations.
SDs have the following filing requirements:
Notices of Swap Valuation Disputes
Pursuant to CFTC Regulation 23.502(c), the CFTC authorized NFA to receive notices of swap valuation disputes in excess of $20 million filed by SDs. NFA receives and maintains the notices on behalf of the CFTC and provides summaries and reports regarding these notices to the CFTC. The CFTC has access to the firm's original documents on the day they are submitted to NFA.
SDs must file the required notices of swap valuation disputes through WinJammer™. In order to file a notice of a swap valuation dispute through WinJammer™, SDs much create a swap valuation dispute filing in the filing index of WinJammer™, and enter the current date in the "End Date" field. In the new filing, SDs will upload supporting documents and submit the notice of a swap valuation dispute. See Notice I-16-07 for further information.
Effective January 2, 2018
Given NFA's experience with these notices, NFA determined that they would be more useful for SD monitoring, risk profiling and providing periodic reports to the CFTC, if they contained standardized information that could be tracked and monitored across SDs and the industry. The CFTC approved NFA's Interpretive Notice to NFA Compliance Rule 2-49 which, among other things, specifies the types of swap valuation disputes that must be reported and standardizes the information that SDs are required to report to NFA. The Interpretive Notice will be effective for dispute notices required to be filed on or after January 2, 2018. See Notice I-17-13.
SDs may now log into WinJammer™ to access the XML Schema Definition (XSD) to build XML files in order to upload data for the dispute notices required to be filed on or after January 2, 2018.
Risk Data Reports
Effective December 29, 2017
A key component of NFA's regulatory oversight program for SDs is the risk monitoring function, which allows NFA to identify firms that may pose heightened risk and allocate NFA's regulatory oversight resources accordingly. NFA's Board of Directors (Board) determined that NFA's risk monitoring function will be more effective if it includes the ability to monitor SD risk exposures on a regular basis. Therefore, NFA's Board approved a list of specific risk metrics that SDs will be required to report electronically to NFA on a monthly basis through EasyFile (Risk Data Filing). The first Risk Data Report as of December 29, 2017 will be due January 31, 2018. See Notice I-17-10.
SDs may now log into EasyFile to access the XSD to build XML files in order to upload data for the monthly risk data reports.
Risk Exposure Reports
CFTC Regulation 23.600(c)(2) requires each SD to provide its senior management and its governing body with a Risk Exposure Report on a quarterly basis and immediately upon detection of any material change in the SD's risk exposure. Each SD is also required to file a copy of the Risk Exposure Report with NFA and the CFTC through WinJammer™ within five business days of providing the report to its senior management. See Notice to Members I-14-20 and I-14-24 for more information.
In order to file the Risk Exposure Report through WinJammer™, SDs must create a "Regulation Notice—Swaps" in the filing index of WinJammer™ as of the ending date of the report, and then select the "Risk Exposure Report—Swaps" filing type. After selecting the appropriate notice, SDs must upload a PDF of the report. SDs will satisfy their CFTC filing requirement by submitting the Risk Exposure Report through WinJammer™ and do not have to file the report through the CFTC's portal.
CFTC Regulation 3.3 requires the Chief Compliance Officer (CCO) of each SD to prepare an annual written report containing the information outlined in CFTC Regulation 3.3(e) that covers the firm's most recently completed fiscal year. The annual report must also include a certification by the firm's CCO or CEO regarding the accuracy and completeness of the report. The report must be provided to the firm's senior officer or the board of directors. SDs are also required to submit the CCO Annual Report to NFA and the CFTC through WinJammerTM, not more than 90 days after the SD's fiscal year-end.In order to file the CCO annual report through WinJammer™, SDs must create a "Regulation Notice—Swaps" in the filing index of WinJammer™ as of the ending date of the report, and then select the "Chief Compliance Officer Annual Report - Swaps" filing type. After selecting the appropriate notice, SDs must upload a PDF of the report. SDs will satisfy their CFTC filing requirement by submitting the CCO Annual Report through WinJammer™ and should not file the report through the CFTC's portal.
Each SD must complete NFA's Annual Questionnaire as part of its annual NFA membership renewal process. The questionnaire provides NFA with information on the firm's business activities. NFA also encourages SDs to keep the questionnaire data current throughout the year.
SDs can view and complete or update the Annual Questionnaire by logging into the Annual Questionnaire system.
Business Continuity and Disaster Recovery Plan – Contact Information
As part of a firm's Business Continuity and Disaster Recovery Plan (BCDR) requirements under CFTC Regulation 23.603, each SD is required to provide the CFTC with contact information for two employees with the authority to make key decisions on behalf of the SD, with knowledge of the firm's BCDR plan, and whom the CFTC can contact in the case of an emergency or other disruption. NFA requires each SD to provide NFA with the contact information for these two employees, as well as contact information for three additional employees with the same authority and knowledge. The firm must include its Chief Risk Officer as one of the employee contacts.
Each SD must provide this contact information to NFA and the CFTC through WinJammer™. Each SD is required to keep the contact information current by promptly updating WinJammer™.
Update contact information as part of the SD's Business Continuity and Disaster Recovery PlanAccess the ability to update the SD Business Continuity and Disaster Recovery Plan in Winjammer
Other Filing Requirements: Initial Margin Models for Uncleared Swaps
The CFTC's final rules on the margin requirements for uncleared swaps of SDs (CFTC's Margin Rules) allow SDs subject to the CFTC's Margin Rules (CFTC Covered Swap Entity) to choose between using a standardized table-based method for calculating initial margin or an internal risk-based initial margin model approved by the CFTC or NFA.
In order to submit margin model documentation, CFTC Covered Swap Entities must use NFA's EasyFile Margin Model Submission System. To initiate this process, contact Alessandra Riccardi, Director of Capital and Risk (email@example.com or 212-513-6029). After exploratory discussions between NFA and the CFTC Covered Swap Entity, NFA will issue a letter to the firm that contains a unique link to the login page of NFA's EasyFile Margin Model Submission System.