On October 8, ISDA submitted a paper to the European Securities and Markets Authority (ESMA), in which it outlines its views on the scope of over-the-counter (OTC) derivatives post-trade transparency in the revised Markets in Financial Instruments Regulation (MIFIR). ISDA met with ESMA staff in July, with ESMA encouraging ISDA to share with it the consensus developed among ISDA members as to how the MIFIR post-trade transparency regime should be applied in practice. The paper outlines ISDA’s view on the treatment of certain interest rate derivatives, index credit default swaps and securitized derivatives.
ISDA is anticipating the publication of ESMA’s consultation paper on the revised regulatory technical standards, covering OTC derivatives, later in 2024 or in the first quarter of 2025.