IBOR Transformation Australian Working Group
The IBOR Transformation Australian Working Group is the national working group for considering the strategic issues facing Australia as the market is transformed by international developments with regard to IBOR transition, and leading work on domestic responses to the change.
Minutes for Working Group meetings are available here.
In December 2019, the IBOR Transformation Australian Working Group wrote to the Council of Financial Regulators requesting guidance on the supervisory expectation regarding conduct matters associated with the transition from LIBOR to alternative reference rates (ARRs) in the form of near Risk Free Rates (RFRs). The Australian Group is the national working group that considers the strategic issues facing Australia as the market is transformed by IBOR transition. Two issues were raised. The first matter concerned conduct risk in relation to the transition to RFRs; the second concerned client communications. This letter is available here.
After deliberation by the Council, ASIC responded to the request for guidance and its views are set out in a letter of reply to Australian group. The letter addresses conduct risk in relation to the transition to RFRs and client communications. ASIC’s guidance letter is available here.
On 9 October 2020, ISDA announced the upcoming launch of its IBOR (interbank offered rates) Fallbacks Protocol (the Protocol) and IBOR Fallbacks Supplement (the Supplement), which focus on strengthening existing and new derivatives contracts with robust fallback language. After it is launched on 23 October 2020, the Protocol will take effect on 25 January 2021. Timely adoption well before this time will promote market certainty.
With the support of the Australian Prudential Regulation Authority (APRA) and the RBA, ASIC released a statement on 13 October 2020 urging Australian institutions to adhere to the ISDA Protocol and Supplement.
On 23 October 2020, the IBOR Transformation Australian Working Group released a statement to welcome the launch of the new ISDA Protocol and Supplement, noting that the launch of the fallbacks for derivative contracts is an important impetus for the ongoing work developing standardised fallback language for other categories of financial products.