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Scope

Effective from Dec 28 2022 - Dec 27 2022
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10.1This chapter specifies the treatment of certain non-centrally cleared securities financing transactions (SFTs) with certain counterparties. The requirements are not applicable to banks in jurisdictions that are prohibited from conducting such transactions below the minimum haircut floors specified in 10.6 below.
 
10.2The haircut floors found in 10.6 below apply to the following transactions:
 
 (1)Non-centrally cleared SFTs in which the financing (i.e. the lending of cash) against collateral other than government securities is provided to counterparties who are not supervised by a regulator that imposes prudential requirements consistent with international norms.
 
 (2)Collateral upgrade transactions with these same counterparties. A collateral upgrade transaction is when a bank lends a security to its counterparty and the counterparty pledges a lower-quality security as collateral, thus allowing the counterparty to exchange a lower-quality security for a higher quality security. For these transactions, the floors must be calculated according to the formula set out in 10.9 below.
 
10.3SFTs with central banks are not subject to the haircut floors.
 
10.4Cash-collateralized securities lending transactions are exempted from the haircut floors where:
 
 (1)Securities are lent (to the bank) at long maturities and the lender of securities reinvests or employs the cash at the same or shorter maturity, therefore not giving rise to material maturity or liquidity mismatch.
 
 (2)Securities are lent (to the bank) at call or at short maturities, giving rise to liquidity risk, only if the lender of the securities reinvests the cash collateral into a reinvestment fund or account subject to regulations or regulatory guidance meeting the minimum standards for reinvestment of cash collateral by securities lenders set out in Section 3.1 of the Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos.36 For this purpose, banks may rely on representations by securities lenders that their reinvestment of cash collateral meets the minimum standards.
 
10.5Banks that borrow (or lend) securities are exempted from the haircut floors on collateral upgrade transactions if the recipient of the securities that the bank has delivered as collateral (or lent) is either: (i) unable to re-use the securities (for example, because the securities have been provided under a pledge arrangement); or (ii) provides representations to the bank that they do not and will not re-use the securities.
 

36 Financial Stability Board, Strengthening oversight and regulation of shadow banking, Policy Framework for addressing shadow banking risks in securities lending and repos, 29 August 2013, www.fsb.org/wpcontent/uploads/r_130829b.pdf