The
Presidents / Chief Executives
All Banks / DFIs
Dear
Sirs / Madam,
FINANCIAL
DERIVATIVES BUSINESS REGULATIONS – ISDA AGREEMENT
Please
refer to Derivatives Business Regulations (FDBR) issued
vide BSD Circular No.17 dated November 26, 2004.
2) In order to facilitate the derivatives transactions of
ADDs/NMIs, it has been decided to allow the use of Long-form
Confirmation in place of ISDA Agreement for certain derivative
transactions. Consequently, the existing Regulation No.
33 of the FDBR is replaced by the following with immediate
effect: 33. No derivatives transaction will be executed
by the ADDs/NMIs unless International Swaps and Derivatives
Association (ISDA) Agreement has been exchanged with the
other entity. However, for FX
Options, Long-form Confirmation instead of ISDA master agreement
can be used, provided that:
a. The tenor of FX option is up to one year.
b. The notional principal of the FX option is up to USD
2 million or equivalent .
c. The aggregated notional principal of all derivative transactions,
including IRSs and FRAs, executed with the other entity
by the
ADD/NMI during immediate last 12 months is up to USD 20
million or equivalent. As soon as the aggregated notional
principal exceeds the limit of USD 20 million, the ADD/NMI
should enter into ISDA master agreement with the other entity
before entering into the transaction which results in such
excess. For calculating the aggregated notional principal,
the gross amount of all the derivative transactions entered
into with the bank whether matured or outstanding should
be used.
3) Other instructions on the subject shall, however, remain
unchanged.