Regulated Dodd-Frank Swap Activity

Introduction

Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, prior to entering into a swap transaction, Standard Chartered Bank, as a Non-US Swap Dealer, must provide several disclosures to a US Person who is not a “Swap Dealer”, “Major Swap Participant”, “Security Based Swap Dealer” or “Major Security Based Swap Participant”.

The disclosures contained on this web page may not be relevant to all recipients. These disclosures are only required to be made where all the following circumstances apply:

(i) You are a either a “U.S. person”, as defined by the Commodity Futures Trading Commission (“CFTC”) and /or Securities and Exchange Commission (“SEC”) OR your swap  or security-based swap transactions conducted with Standard Chartered Bank are otherwise considered to be in-scope for CFTC or SEC external business conduct requirements;

(ii) You are not a “Swap Dealer”, “Major Swap Participant”, “Security Based Swap Dealer”, or “Major Security Based Swap Participant”; and

(iii) You are entering into or contemplating entry into a transaction with Standard Chartered Bank that constitutes a “swap” or “security-based swap.”
If any of the foregoing circumstances do not apply, then the disclosures on this web page are not relevant to you and you need not read any further. If the above circumstances do apply, then you should read the following documents carefully:

(Documents updated as of 27 October 2021)

This webpage will be updated regularly with various risk disclosures published by ISDA or Standard Chartered Bank. Please bookmark this page and check back frequently for any updates.

Material Economic Terms Disclosures

Important notice

This web page contains links to forms of confirmations and spreadsheets of material economic terms and ISDA Derivative Definitions relating to a variety of types of transactions (“Transactions”) that we may enter into with counterparties from time to time. Any confirmation or other documentation we directly provide to you in respect of an actual or potential Transaction will supersede the information on this web page and, to the extent inconsistent, such confirmation or other documentation will control. In addition, the agreed upon terms of any Transaction that we enter into with you will be set forth in the confirmation or other agreement that you and we enter into with respect to that Transaction and may differ materially from the terms set forth in the forms and spreadsheets available on or through this web page. By making this web page available, we are not indicating that we are willing to enter into any Transaction with any counterparty on any terms.

ISDA Definitions & Supplements to the ISDA Definitions

ISDA holds copyright on certain ISDA documents (“ISDA Content”) and such works may not be reproduced or distributed without ISDA’s written permission except the ISDA Master Agreements, ISDA Credit Support Documents and standardized general and product specific risk disclosures published by ISDA, which may be reproduced and distributed solely for use in documenting specific commercial transactions. In no event may any copyright or trademark notice be removed.

Use of ISDA Content should be undertaken only after securing appropriate legal advice on its provisions. ISDA makes no warranty, express or implied, concerning the respective instruments’ suitability for use in any particular transaction and bears no responsibility or liability whatsoever, whether in tort or in contract, in respect of any use of these instruments.

ISDA, its officers, directors, employees, subcontractors, agents, successors or assigns (collectively “Covered Parties”) shall not be liable to Standard Chartered Bank or any of its counterparties (each a “Client”) for any loss, injury, claim, liability or damage of any kind whatsoever resulting from, arising out of or in any way related to:

(a) any errors in or omissions from the ISDA Content;

(b) the Client’s use of the ISDA Content;

(c) the Client’s use of any equipment or software in connection with the ISDA Content; or

(d) any delay or failure in performance.

The aggregate liability of the Covered Parties to a Client in connection with any other claim arising out of or relating to the ISDA Content shall not exceed $500.00, which right shall be in lieu of all other remedies that the Client may have against ISDA. In no event shall the Covered Parties be liable for any special, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees), lost profits or lost savings in any way due to, resulting from or arising in connection with the ISDA Content contained therein, regardless of any negligence of the Covered Parties.

ISDA Definitions & supplements to the ISDA Definitions

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Pre-Trade Mid-Market Marks; Post-Trade Daily Marks

The following documents are provided in connection with any (i) pre-trade mid-market marks and (ii) daily post-trade mid-market marks delivered for any swap that Standard Chartered Bank has entered into, or may enter into, with you from time to time.

Scenario Analysis

We hereby notify you that prior to entering into a swap with us that is not available for trading on a designated contract market or swap execution facility, you may request and consult with us on the design of a scenario analysis to allow you to assess your potential exposure in connection with such swap. If you wish to request a bespoke analysis beyond what is contained in the Standard Chartered Bank’s standard scenario analysis, you should contact our usual sales contact who will assist you accordingly. Any such requests will be handled appropriately in accordance with our internal processes consistent with the relevant CFTC rules.

The obligation to provide a scenario analysis does not apply to a client that is a Swap Dealer, Major Swap Participant, Security Based Swap Dealer, or Major Security Based Swap Participant.