#### § 628.34 OTC derivative contracts.

(a) *Exposure amount* —

(1) *Single OTC derivative contract.* Except as modified by [paragraph (b)](/on/2024-09-19/title-12/section-628.34#p-628.34(b)) of this section, the exposure amount for a single OTC derivative contract that is not subject to a qualifying master netting agreement is equal to the sum of the System institution's current credit exposure and potential future credit exposure (PFE) on the OTC derivative contract.

(i) *Current credit exposure.* The current credit exposure for a single OTC derivative contract is the greater of the mark-to-fair value of the OTC derivative contract or 0.

(ii) *PFE.*

(A) The PFE for a single OTC derivative contract, including an OTC derivative contract with a negative mark-to-fair value, is calculated by multiplying the notional principal amount of the OTC derivative contract by the appropriate conversion factor in Table 1 to [§ 628.34](/on/2024-09-19/title-12/section-628.34).

(B) For purposes of calculating either the PFE under this paragraph or the gross PFE under [paragraph (a)(2)](/on/2024-09-19/title-12/section-628.34#p-628.34(a)(2)) of this section for exchange rate contracts and other similar contracts in which the notional principal amount is equivalent to the cash flows, notional principal amount is the net receipts to each party falling due on each value date in each currency.

(C) For an OTC derivative contract that does not fall within one of the specified categories in Table 1 to [§ 628.34](/on/2024-09-19/title-12/section-628.34), the PFE must be calculated using the appropriate “other” conversion factor.

(D) A System institution must use an OTC derivative contract's effective notional principal amount (that is, the apparent or stated notional principal amount multiplied by any multiplier in the OTC derivative contract) rather than the apparent or stated notional principal amount in calculating PFE.

(E) The PFE of the protection provider of a credit derivative is capped at the net present value of the amount of unpaid premiums.

Table 1 to [§ 628.34](/on/2024-09-19/title-12/section-628.34)—Conversion Factor Matrix for Derivative Contracts1

| Remaining maturity2 | Interest rate | Foreign exchange rate and gold | Credit (investment grade reference asset)3 | Credit (non- investment- grade reference asset) | Equity | Precious metals (except gold) | Other |
| --- | --- | --- | --- | --- | --- | --- | --- |
| One (1) year or less | 0.00 | 0.01 | 0.05 | 0.10 | 0.06 | 0.07 | 0.10 |
| Greater than one (1) year and less than or equal to five (5) years | 0.005 | 0.05 | 0.05 | 0.10 | 0.08 | 0.07 | 0.12 |
| Greater than five (5) years | 0.015 | 0.075 | 0.05 | 0.10 | 0.10 | 0.08 | 0.15 |
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 1 For a derivative contract with multiple exchanges of principal, the conversion factor is multiplied by the number of remaining payments in the derivative contract. | | | | | | | |
| 2 For an OTC derivative contract that is structured such that on specified dates any outstanding exposure is settled and the terms are reset so that the fair value of the contract is 0, the remaining maturity equals the time until the next reset date. For an interest rate derivative contract with a remaining maturity of greater than 1 year that meets these criteria, the minimum conversion factor is 0.005. | | | | | | | |
| 3 A System institution must use the column labeled “Credit (investment-grade reference asset)” for a credit derivative whose reference asset is an outstanding unsecured long-term debt security without credit enhancement that is investment grade. A System institution must use the column labeled “Credit (non-investment-grade reference asset)” for all other credit derivatives. | | | | | | | |

(2) *Multiple OTC derivative contracts subject to a qualifying master netting agreement.* Except as modified by [paragraph (b)](/on/2024-09-19/title-12/section-628.34#p-628.34(b)) of this section, the exposure amount for multiple OTC derivative contracts subject to a qualifying master netting agreement is equal to the sum of the net current credit exposure and the adjusted sum of the PFE amounts for all OTC derivative contracts subject to the qualifying master netting agreement.

(i) *Net current credit exposure.* The net current credit exposure is the greater of the net sum of all positive and negative mark-to-fair values of the individual OTC derivative contracts subject to the qualifying master netting agreement or 0.

(ii) *Adjusted sum of the PFE amounts.* The adjusted sum of the PFE amounts, Anet, is calculated as:

Anet = (0.4×Agross) + (0.6×NGR×Agross)

Where:

Agross = the gross PFE (that is, the sum of the PFE amounts (as determined under [paragraph (a)(1)(ii)](/on/2024-09-19/title-12/section-628.34#p-628.34(a)(1)(ii)) of this section for each individual derivative contract subject to the qualifying master netting agreement); and

Net-to-gross Ratio (NGR) = the ratio of the net current credit exposure to the gross current credit exposure. In calculating the NGR, the gross current credit exposure equals the sum of the positive current credit exposures (as determined under [paragraph (a)(1)(i)](/on/2024-09-19/title-12/section-628.34#p-628.34(a)(1)(i)) of this section) of all individual derivative contracts subject to the qualifying master netting agreement.

(b) *Recognition of credit risk mitigation of collateralized OTC derivative contracts.*

(1) A System institution may recognize the credit risk mitigation benefits of financial collateral that secures an OTC derivative contract or multiple OTC derivative contracts subject to a qualifying master netting agreement (netting set) by using the simple approach in [§ 628.37(b)](/on/2024-09-19/title-12/section-628.37#p-628.37(b)).

(2) Alternatively, if the financial collateral securing a contract or netting set described in [paragraph (b)(1)](/on/2024-09-19/title-12/section-628.34#p-628.34(b)(1)) of this section is marked-to-fair value on a daily basis and subject to a daily margin maintenance requirement, a System institution may recognize the credit risk mitigation benefits of financial collateral that secures the contract or netting set by using the collateral haircut approach in [§ 628.37(c)](/on/2024-09-19/title-12/section-628.37#p-628.37(c)).

(c) *Counterparty credit risk for OTC credit derivatives* —

(1) *Protection purchasers.* A System institution that purchases an OTC credit derivative that is recognized under [§ 628.36](/on/2024-09-19/title-12/section-628.36) as a credit risk mitigant is not required to compute a separate counterparty credit risk capital requirement under [§ 628.32](/on/2024-09-19/title-12/section-628.32) provided that the System institution does so consistently for all such credit derivatives. The System institution must either include all or exclude all such credit derivatives that are subject to a qualifying master netting agreement from any measure used to determine counterparty credit risk exposure to all relevant counterparties for risk-based capital purposes.

(2) *Protection providers.*

(i) A System institution that is the protection provider under an OTC credit derivative must treat the OTC credit derivative as an exposure to the underlying reference asset. The System institution is not required to compute a counterparty credit risk capital requirement for the OTC credit derivative under [§ 628.32](/on/2024-09-19/title-12/section-628.32), provided that this treatment is applied consistently for all such OTC credit derivatives. The System institution must either include all or exclude all such OTC credit derivatives that are subject to a qualifying master netting agreement from any measure used to determine counterparty credit risk exposure.

(ii) The provisions of [paragraph (c)(2)](/on/2024-09-19/title-12/section-628.34#p-628.34(c)(2)) of this section apply to all relevant counterparties for risk-based capital purposes.

(d) *Counterparty credit risk for OTC equity derivatives.*

(1) A System institution must treat an OTC equity derivative contract as an equity exposure and compute a risk-weighted asset amount for the OTC equity derivative contract under [§§ 628.51](/on/2024-09-19/title-12/section-628.51) through [628.53](/on/2024-09-19/title-12/section-628.53).

(2) [Reserved]

(3) If the System institution risk weights the contract under the Simple Risk-Weight Approach (SRWA) in [§ 628.52](/on/2024-09-19/title-12/section-628.52), the System institution may choose not to hold risk-based capital against the counterparty credit risk of the OTC equity derivative contract, as long as it does so for all such contracts. Where the OTC equity derivative contracts are subject to a qualifying master netting agreement, a System institution using the SRWA must either include all or exclude all of the contracts from any measure used to determine counterparty credit risk exposure.

(e) [Reserved]