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GAO-16-284R 1 (2015-12-11)

handle is hein.gao/gaobadrtd0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-327596


December 11, 2015

The Honorable Richard Shelby
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Department of the Treasury, Office of the Comptroller of the Currency; Federal
        Reserve System; Federal Deposit Insurance Corporation; Farm Credit Administration;
        Federal Housing Finance Agency: Margin and Capital Requirements for Covered Swap
        Entities

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Treasury, Office of the Comptroller of the Currency
(OCC); Federal Reserve System (the Board); Federal Deposit Insurance Corporation (FDIC);
Farm Credit Administration (FHA); Federal Housing Finance Agency (FHFA) (collectively, the
agencies) entitled Margin and Capital Requirements for Covered Swap Entities (RINs: 1557-
AD00; 7100-AD74; 3064-AE21; 3052-AC69; 2590-AA45). We received the rule from FHFA on
November 18, 2015. It was published in the Federal Register as an interim final rule and
request for comment on November 30, 2015. 80 Fed. Reg. 74,916. This interim final rule has
an effective date of April 1, 2016.

The interim final rule establishes minimum margin and capital requirements for registered swap
dealers, major swap participants, security-based swap dealers, and major security-based swap
participants. The rule applies to entities for which one of the agencies is the prudential
regulator. This rule implements sections 731 and 764 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act, as amended by the Terrorism Risk Insurance Program
Reauthorization Act of 2015.1 Sections 731 and 764 require the agencies to adopt rules jointly
to establish capital requirements and initial and variation margin requirements for such entities
on all non-cleared swaps and non-cleared security-based swaps in order to offset the greater
risk to such entities and the financial system arising from the use of swaps and security-based
swaps that are not cleared.


GAO-1 6-284R


1 7 U.S.C. § 6s; 15 U.S.C. § 78o-8.

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