Where a counterparty is domiciled in a third country, counterparties may calculate margins on the basis of a netting set that includes the following types of contracts:
(a)
non-centrally cleared OTC derivatives subject to margin requirements under this Regulation;
(b)
contracts that meet both of the following conditions:
(i)
they are identified as non-centrally cleared OTC derivatives by the regulatory regime applicable to the counterparty domiciled in the third country;
(ii)
they are subject to margin rules in the regulatory regime applicable to the counterparty domiciled in the third country.