On August 8, 2014, ISDA® published a Reporting Delegation Agreement under which market participants may meet their transaction data reporting obligations under applicable regulations by appointing third parties to report transaction data to trade repositories on their behalf. ISDA has also published jurisdiction-specific provisions for Australia and Singapore in the form of schedules, which can be attached to the delegation agreement. Other schedules addressing requirements in other relevant jurisdictions are forthcoming.

This is the second delegation agreement that ISDA has published. The first delegation agreement addressed delegation of reporting requirements under EMIR and contained EMIR-specific provisions (see Legal Update, ISDA: January 2014 Publications). The EMIR Delegation Agreement should continue to be used to meet EMIR reporting delegation requirements. For other jurisdictions, the new ISDA Reporting Delegation Agreement should be used with the applicable jurisdiction-specific schedule.

For more information on swap data reporting under US rules, see Practice Notes, US Derivatives Regulation: CFTC Swap Data Reporting and Recordkeeping Rules and US Derivatives Regulation: SEC Regulation SBSR Data Reporting for Security-based Swaps.

For details on ISDA swap documentation, see Practice Note, ISDA Documents: Overview (US).