(a) General. A Federal credit union using Derivatives may use External Service Providers to support or conduct aspects of its Derivative management program, provided:
(1) The External Service Provider, including affiliates, does not:
- (i) Act as a Counterparty to any Derivative transactions that involve the Federal credit union;
- (ii) Act as a principal or agent in any Derivative transactions that involve the Federal credit union; or
- (iii) Have discretionary authority to execute any of the Federal credit union's Derivative transactions.
- (2) The Federal credit union has the internal capacity, experience, and skills to oversee and manage any External Service Providers it uses; and
- (3) The Federal credit union documents the specific uses of External Service Providers in its policies and procedures, as described in § 703.106(c) of this subpart.
- (b) Relation to § 703.106. This section does not alleviate the responsibility of the Federal credit union to employ qualified staff in accordance with § 703.106 of this subpart.