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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
b are carried on by the Covered Entity from an establishment in the United Kingdom or from any other place that would cause FCA PROD 3 and/or UK
MiFID Org Reg, as applicable, to apply to those activities, and c fall within the scope of the Covered Entitys authorization from the FCA and/or PRA
to conduct regulated activities in the United Kingdom.
3 Activities as UK MiFID or equivalent third country business. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA COBS 2, 4, 6, 8A, 9A, 14, and/or 16A, the Covered Entitys relevant security-based swap activities a constitute MiFID or equivalent third country business, as defined in the FCA Handbook Glossary; b are carried on by the Covered Entity from an establishment in the United Kingdom or from any other place that would cause FCA COBS 2, 4, 6, 8A, 9A, 14, and/or 16A, as applicable, to apply to those activities; and c fall within the scope of the Covered Entitys authorization from the FCA and/or PRA to conduct regulated activities in the United Kingdom.
4 Activities as UK designated investment business. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA
COBS 11, the Covered Entitys relevant security-based swap activities a constitute MiFID business that is also designated investment business, each as defined in the FCA Handbook Glossary; b are carried on by the Covered Entity from an establishment in the United Kingdom or from any other place that would cause FCA COBS 11, as applicable, to apply to those activities; and c fall within the scope of the Covered Entitys authorization from the FCA and/or PRA to conduct regulated activities in the United Kingdom.
5 Activities as UK MiFID business.
For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA CASS 6 and/or 7, the Covered Entity is not an ICVC as defined in the FCA Handbook Glossary and the Covered Entitys relevant security-based swap activities constitute regulated activities as defined for purposes of the relevant UK provisions and MiFID
business as defined in the FCA
Handbook Glossary; are carried on by the Covered Entity from an establishment in the United Kingdom;

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and fall within the scope of the Covered Entitys authorization from the FCA
and/or the PRA to conduct regulated activities in the United Kingdom.
6 Activities covered by FCA SYSC
10A. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA SYSC 10A, the Covered Entitys relevant security-based swap activities constitute activities described in FCA
SYSC 10A.1.12a, b, and/or c; are carried on by the Covered Entity from an establishment in the United Kingdom and fall within the scope of the Covered Entitys authorization from the FCA
and/or the PRA to conduct regulated activities in the United Kingdom.
7 Counterparties as UK MiFID
clients. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA CASS 6 and/or 7, FCA COBS 2, 4, 6, 8A, 9A, 11, 14, and/
or 16A, FCA PROD 3, FCA SYSC 10.1.8, FCA SYSC 10A, and/or UK MiFID Org Reg, the relevant counterparty or potential counterparty to the Covered Entity is a client or potential client, as defined in COBS 3.2.1R.
8 Security-based swaps as UK MiFID
financial instruments. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA
CASS 6 and/or 7, FCA COBS 2, 4, 6, 8A, 9A, 11, 14, and/or 16A, FCA PROD 3, FCA SYSC 10A, UK MAR, UK MAR
Investment Recommendations Regulation, and/or UK MiFID Org Reg, the relevant security-based swap is a financial instrument, as defined in Part 1 of Schedule 2 of the UK
Regulated Activities Order.
9 Covered Entity as UK CRD/CRR
institution. For each condition in paragraph b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of UK CRR, the Covered Entity is an institution, as defined in UK CRR article 413.
10 Covered Entity as UK common platform firm or third country firm.
For each condition in paragraph b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA SYSC 4, 5, 6, 7, 9, and/or 10, the Covered Entity is either a common platform firm other than a UCITS
investment firm or a third country firm, each as defined in the FCA
Handbook Glossary.
11 Covered Entity as UK IFPRU
investment firm. For each condition in
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paragraph b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA SYSC 19A, FCA
IFPRU, and/or FCA BIPRU, the Covered Entity is an IFPRU investment firm, as defined in the FCA Handbook Glossary.
12 Covered Entity as UK bank or UK designated investment firm. For each condition in paragraph b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of FCA
SYSC 19D, PRA Internal Capital Adequacy Assessment Rules, PRA
Internal Liquidity Adequacy Assessment Rules, PRA General Organisational Requirements, PRA
Remuneration Rules, and/or PRA Risk Control Rules, the Covered Entity is a UK bank or UK designated investment firm, each as defined in the FCA Handbook Glossary in the case of a provision of FCA SYSC 19D or as defined in the PRA Rulebook Glossary in the case of a provision of a PRA
rule.
13 Covered Entitys counterparties as UK EMIR counterparties. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of UK
EMIR, UK EMIR RTS, UK EMIR Margin RTS, and/or other UK requirements adopted pursuant to those provisions, if the relevant provision applies only to the Covered Entitys activities with specified types of counterparties, and if the counterparty to the Covered Entity is not any of the specified types of counterparty, the Covered Entity complies with the applicable condition of this Order:
i As if the counterparty were the specified type of counterparty; in this regard, if the Covered Entity reasonably determines that the counterparty would be a financial counterparty if it were established in the UK and authorized by an appropriate UK authority, it must treat the counterparty as if the counterparty were a financial counterparty; and ii Without regard to the application of UK EMIR article 13.
14 Security-based swap status under UK EMIR. For each condition in paragraphs b through f of this Order that requires the application of, and the Covered Entitys compliance with, provisions of UK EMIR, UK EMIR RTS, UK EMIR Margin RTS, and/or other UK
requirements adopted pursuant to those provisions, if the relevant provision applies to the Covered Entitys OTC
derivatives or OTC derivative contracts
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