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Version date: 26 March 2020 - onwards

4.4.10 Data elements related to other payments (paras. 296-303)

Closed
3 July 2020

296. Other payments are those payments linked to derivatives which are not regularly scheduled. For example this could be an upfront payment made by a counterparty either to bring a transaction to fair value or for any other reasons that may be the cause of an off-market transaction; an unwind/full termination i.e. the final settlement payment made when a transaction is unwound prior to its end date or payments which result from the full termination of a derivative; principal exchange i.e. the exchange of notional values for cross-currency swaps.

297. The CDE guidance refers to six fields related to other payments: other payment amount, other payment type, other payment currency, other payment date, other payment payer and other payment receiver.

298. The current RTS and ITS on reporting include only one field relating to other payments. This is for up-front payments, reported by both counterparties, with a minus sign reported to indicate if the reporting counterparty has made the payment, and no minus sign reported if the reporting counterparty has received the up-front payment. However, there are limitations to the information currently collected for these payments.

299. ESMA recognises the need to ensure that the detail reported can be used by authorities. ESMA recognises that there may be different types of other payments in addition to those performed at the start of a transaction.

300. For the abovementioned reasons, ESMA proposes to align the draft RTS and ITS on reporting to the CDE guidance by introducing a number of fields related to other payments.