(a) General.
- (1) Each swap data repository shall establish and enforce rules to minimize conflicts of interest in the decision-making process of the swap data repository, and establish a process for resolving such conflicts of interest.
- (2) Nothing in this section shall supersede any requirement applicable to the swap data repository pursuant to § 49.20 of this part.
(b) Policies and procedures.
(1) Each swap data repository shall establish, maintain, and enforce written procedures to:
- (i) Identify, on an ongoing basis, existing and potential conflicts of interest; and
- (ii) Make decisions in the event of a conflict of interest. Such procedures shall include rules regarding the recusal, in applicable circumstances, of parties involved in the making of decisions.
- (2) As further described in § 49.20 of this part, the chief compliance officer of the swap data repository shall, in consultation with the board of directors or a senior officer of the swap data repository, as applicable, resolve any such conflicts of interest.
- (c) Compliance with core principle. The chief compliance officer of the swap data repository shall review the compliance of the swap data repository with this core principle.