The Legislative Provisions On The Procedures For The Reporting Of Information On Transactions With The Countries Of The European Economic Area The Regulated Markets Of Financial Instruments

Original Language Title: Normatīvie noteikumi par kārtību, kādā ziņojama informācija par darījumiem ar Eiropas Ekonomikas zonas valstu regulētajos tirgos iekļautajiem finanšu instrumentiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/166373

Financial and capital market Commission Regulation No 156, Riga 2007 (9 November. Nr. 46, 4. p.)
The legislative provisions on the procedures for the reporting of information on transactions with the countries of the European economic area the regulated markets of financial instruments Issued in accordance with the financial instruments market law 133.6 the first paragraph of article 6 paragraph 3 i. General questions 1. determines the order in which banks and investment brokerage firms report information about transactions in the European economic area (EEA) countries (with the exception of the Republic of Latvia) regulated markets in financial instruments (financial instruments).
2. The rules are binding on the Republic of Latvia registered banks and investment brokerage firms that provide investment services in the Republic of Latvia, the Republic of Latvia established foreign banking and investment brokerage firm affiliates, who provide investment services in the Republic of Latvia (hereinafter operator).
3. transaction within the meaning of this provision is a financial instrument buying and selling by the market operator: 3.1 on your customer's behalf or for its own account;
3.2. the customer's name on the customer's invoice.
4. Financial instrument purchase and sale does not include the following operations: 4.1 securities financing transactions (repo transactions);
4.2. option or cover warranty (covered warrants);
4.3. initial market transactions (for example, emissions, split).
II. The transactions for which you want to report, and the information contained in the message content and format 5. The market operator shall report to the financial and capital market Commission (hereinafter the Commission) on all concluded transactions in financial instruments irrespective of whether the transaction is concluded on a regulated market, an MTF or a regulated market outside.
6. If the market participant does not have the ability to determine whether a financial instrument are included in any of the countries in the EEA regulated markets, the market operator also reported on these financial instruments.
7. The operator is not required to report transactions with financial instruments, if the market participant does not participate in the execution of the transaction, that is, if the market operator client task forward execution to another bank or investment company (task routing) or if the operator client even has entered into a transaction and the market operator is involved in the transaction as the client agent (the client has not fulfilled the task), but only do business accounts as account holder.
8. Every transaction consists of the purchase and sales transaction. For each transaction reported separately. Accordingly, the operator shall report the sales transaction, if it sells financial instruments for the purchase transaction, if it buys a financial instrument, or both for purchase and sales transactions, where the market participant is involved either as a seller or as a buyer (such as acting as an agent for two bank customers).
9. the statement for each transaction indicating the following information: 9.1. market participants the BIC (Bank Identifier Code) code (the operator message provider identifier);
9.2. date of the transaction;
9.3. transaction time after time in Latvia;
9.4., whether it is a purchase or sale transaction (purchase or sale, ID);
9.5. indication whether the transaction was carried out on behalf of the operator, or the customer's behalf (business category of the operator);
9.6. a financial instrument with which sealed the deal, ISIN (International Securities Identifying Number) code. If the derived financial instrument ISIN code, then do not specify the other financial instruments for the identification code (financial instrument identifier);
9.7. the price of the financial instrument that sealed the deal;
9.8. the currency in which the price is expressed;
9.9. the quantity of transactions in financial instruments;
9.10. the counterparty;
9.11. unique customer identification number (client ID);
9.12. the deal site (regulated market, multilateral trading system OTC);
9.13. the unique transaction identification code.
10. Preparing the statement of transactions in financial instruments, market participants comply with the following rules specified in annex 1 of the format of the information.
11. in the event of the cancellation of the transaction the market operator shall send the Commission a report on the deal. Transaction cancellation report: 11.1. market participants the BIC (Bank Identifier Code) code (the operator message provider identifier);
11.2. a unique transaction identification number;
11.3. financial instrument ISIN (International Securities Identifying Number) code (financial instrument identifier);
11.4. the date of the transaction;
11.5. a statement of the reason for the cancellation (canceled transaction or communication had previously sent in error).
12. the preparation of the notice of cancellation of the transaction, market participants comply with the following provisions of annex 2 contains the format of the information concerned.
13. Notification of the transaction in the case of market correction first sends a notice of revocation of a particular transaction, and then immediately sends a particular transaction again the correct statement.
III. Arrangements for the transmission of information on transactions with financial instruments 14. Market no later than the next working day at noon. 16.30 electronically in Extensible Markup Language (XML) file format in accordance with the Commission prepared an XSD (XML Schema Definition) schema, forward to the Commission information on the previous working day concluded transactions in financial instruments.
15. Transaction reporting file encryption and digital signing is subject to the Commission's "information encryption and electronic signature regulations".
16. Market information relating to transactions in financial instruments shall be made by e-mail, using the transaction reporting system (DZ)-presented by the Commission-key encrypted transaction reporting files sending to the Commission's e-mail address dzs@fktk.lv.
17. the Detailed arrangements for the ship (t.sk. repealed and corrected) information on transactions with financial instruments, fixed or in the instructions for use, or available in a.
18. The operator may authorize a third party to report on market players concluded transactions in financial instruments on their previously notified to the Commission.
19. If the market participant authorizes third parties to report on the players concluded transactions in financial instruments, the market operator and third party concluding mutual agreements that stipulate the reporting procedures and obligations of the parties, and shall submit to the Commission a copy of the contract.
20. The market operator shall have full responsibility for the fact that the third party reports the market concluded transactions in financial instruments according to the requirements of this regulation.
21. If the market participant or a third party of its independent reasons encountered technical problems that can prevent the transmission of information (loading) or by the market operator or third party shall immediately inform the Commission and the Commission shall agree with the other relay or sending.
IV. 22. use EITHER the right to send (download) is the Commission registered a market participant or user. Registered users may become the only market participant or a third party specified natural persons.
23. to the market participant or a third person or registered user, operator or third party shall submit to the Commission a signed 3. applications referred to in the annex.
24. further to the market participant or a third party application, the Commission shall, within two working days of the submission of the people below or in the usage rights granted by sending to the specified person's e-mail address or the user name and password.
25. a detailed or a user password, and new password procedure set out in the instructions for use, or available in EITHER.
26. the market participant and a third person has a duty to promptly in accordance with annex 3 to report to the Commission, if any of the operators or third party representatives lose the right to load or reports on market transactions with financial instruments.
27. the Commission grant and revoke the user's access to the relevant market or the participant or a third party application, as well as the Commission, will void the user's access to or, if the market participant has withdrawn the license for the provision of investment services.
28. The Commission is empowered to block or revoke a user's access to or on its own initiative, if the user performs activities that interfere with EITHER the transaction notified to the market participant or a third party.
Financial and capital market Commission, the President of the U.S. When the annex 1 financial and capital market Commission Regulation No 156 09.11.2007. Notice of the transaction information and the format field name field data format (*) field values for the category field value explanation 1. market participants (TD) message provider identifier (x) 11 ISO 9362 — Swift BIC code assigned (Bank Identifier Code) identifier TD identifier.
The identifier should use the BIC code assigned by swift. The TD must ensure that it has the BIC code.
2. date of the transaction (x) ISO 8601 10-date format: YYYY-MM-DD date date of conclusion of the transaction.
3. Transaction time (x) 8-ISO 8601 time format: HH: MM: SS

Time of conclusion of the transaction time by Latvian time.
4. identification of the purchase or sale of 1 (a) (B) = S = sale purchase code indication whether it is a purchase or sale transaction (from TD point of view).
5. Business category 1 offender (a) P = TD on your customer's behalf or on their own account A = TD on behalf of the client to client code specifies invoice, or TD make transactions for its own account or at the customer's expense.
6. the identification of financial instruments (a) 9 2 (x) 1 (n) ISO 6166 — International Securities identifying number (ISIN code) identifier For the identification of financial instruments used only ISIN code.
7. the price Max19 (d) figure price without Commission and interest accrued. Debt securities price can be specified as a percentage.
8. price currency 3 (a) ISO-4217 currency code code quantity Max19 9 (d) debt securities the nominal amount-the total (not nominālvienīb).
10. Counterparty 11 (x) 4 (x) Max 40 (x) ISO 9362 — Swift BIC code assigned (Bank Identifier Code) ISO 10383-MIC code assigned swift (market Identifier Code) client code (TD for each customer, assign your internal unique code) code If the OTC, the appropriate transaction parties BIC code (bank or investment company) or customer number (if a counterparty is a client).
 
If the regulated market or multilateral trading facility (MTF), the regulated market or MTF MIC code.
11. Customer ID 11 (x) Max 40 (x) ISO 9362 — Swift BIC code assigned (Bank Identifier Code) of the client code (TD granted for each customer its own unique code) code if the customer is a bank or investment firm, the BIC code, if it is (ISO 9362).
 
TD, the unique identifier assigned to the customer.
12. the Business place 11 (x) 4 (x) (x) 4 ISO 9362 — Swift BIC code assigned (Bank Identifier Code) ISO 10383-MIC code assigned swift (market Identifier Code) XOFF-OTC transactions identifier identifier BIC code if the bank or the investment brokerage company acts as a systematic inernalizētāj.
MIC code, if the transaction takes place on the stock exchange or MTF.
 
If a transaction happened in OTC, indicate the identifier XOFF.
13. Business number identifying Max40 (x) TD unique number assigned to the transaction identifier for each TD for each transaction shall be allocated its own unique number.
* a = x = letter, letter, number or symbol, d = decimal number, n = numeric.
 
Annex 2 financial and capital market Commission Regulation No 156 09.11.2007. Notice of cancellation of the transaction information and the format field name field data format (*) field values for the category field value explanation 1. market participants (TD) message provider identifier (x) 11 ISO 9362 — Swift BIC code assigned (Bank Identifier Code) identifier TD identifier.
The identifier should use the BIC code assigned by swift. The TD must ensure that it has the BIC code.
2. Transaction number identifying Max40 (x) TD unique number assigned to the transaction identifier for each TD for each transaction shall be allocated its own unique number.
3. the identification of financial instruments (a) 9 2 (x) 1 (n) ISO 6166 — International Securities identifying number (ISIN code) identifier For the identification of financial instruments used only ISIN code.
4. date of transaction (x) ISO 8601 10-date format: YYYY-MM-DD date date of conclusion of the transaction.
5. the reason for the Cancellation (a) 1 M = C = transaction error code transaction cancelled cancellation reason identification code.
* a = letter; x = letter, digit or symbol; n = numeric.
 
Annex 3 financial and capital market Commission 09.11.2007. Regulation No. 156