AFR Statement on Final SEC Cross-Border Rule
“Overall, this rule is disappointing. It continues to leave a major gap in regulatory authority regarding the application of U.S. law to foreign subsidiaries of U.S. banks. Specifically, while the rule applies U.S. jurisdiction to cases where a foreign subsidiary’s swap counterparty has legal recourse to the U.S. parent bank for the performance of a specific swap, it does not extend jurisdiction to cases where the parent U.S. bank is implicitly or even explicitly committed to guarantee the subsidiary in general.”