AL 96-5 Subject: Forward Repurchase Agreement Transactions TO: Chief Executive Officers of all National Banks, Department and Division Heads, and all Examining Personnel This advisory is being sent to inform national banks that the Department of the Treasury's Bureau of the Public Debt has issued the attached interpretive letter to clarify the requirements under the Government Securities Act for forward repurchase agreement transactions (forward repos). In the Department's view, repurchase agreements that settle in a next-day or longer time frame are regarded as forward repos. The interpretive letter also addresses the recordkeeping requirements and guidelines that the Public Securities Association (PSA) adopted for confirming forward repos. National banks and examiners should note that, although the PSA suggests sending an additional confirmation on trade date, this is not required under 12 CFR 12, Recordkeeping and Confirmation Requirements for Securities Transactions, but simply reflects an industry practice. At the request of the Bureau of the Public Debt, the OCC is forwarding the Bureau's interpretive letter to all national banks and examining personnel. For further information contact Joseph W. Malott, national bank examiner, Capital Markets, (202) 874-5070. If your bank has questions or needs an interpretation of the GSA regulations, you may call or write the Bureau of the Public Debt, Government Securities Regulations Staff, Washington, DC, 20239, (202) 219-3632. Jimmy F. Barton Chief National Bank Examiner Date: July 19, 1996 Attachment