SEC Gives Certain Treasury Repo Deals a Clearing-Rule Pass
Published Date: 11/4/2026
Notice
Summary
The SEC is giving a special pass to certain repo deals between related parties, so they don’t have to follow the usual clearing rules for U.S. Treasury securities. This change helps big financial players who trade with their own affiliates avoid extra paperwork and delays. The new rule kicks in right away, making trading smoother without affecting costs for most folks.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Exemption for Certain Non-U.S. Repo Trades
If your firm is a direct participant of a U.S. Treasury securities covered clearing agency (CCA), the Commission allows certain "Qualifying Non-U.S. Transactions" (specified repo transactions with non-U.S. clients/participants or foreign branches) to be excluded from the rule that would otherwise require those transactions to be centrally cleared. The exclusion is available only if either (a) the firm's Qualifying Non-U.S. Transactions are below a Percentage Cap of the Firm-Specific Threshold (25% for June 30, 2027–June 30, 2028; 20% for July 1, 2028–June 30, 2029; 15% for July 1, 2029–June 30, 2030; and 10% after June 30, 2030) measured using a rolling daily average of the prior three quarters, or (b) the firm's Qualifying Non-U.S. Transactions are less than $5,000,000,000. "Market value" for this test means the principal amount of the opening leg of the repo, and firms must attest to their CCAs that they are monitoring and complying with the condition and notify CCAs immediately if they fall out of compliance.
Broader Inter-Affiliate Exclusion for Repos
The Commission expands exemptive relief so that repo transactions between a direct participant and any affiliate that meets the majority-ownership and consolidated-reporting criteria in Rule 17ad-22(a) are excluded from the definition of an "eligible secondary market transaction," provided the affiliate is not an "investment company" under Section 3 of the Investment Company Act of 1940. That means such inter-affiliate repo transactions need not be submitted for central clearing under the Trade Submission Requirement (subject to the exclusion's terms).
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