Who is responsible for generating the UTI under ESMA-EMIR?

Article 4a
Unique Trade Identifier

1. A report shall be identified through a unique trade identifier
agreed by the counterparties.

2. Where counterparties fail to agree on the entity responsible for
generating the unique trade identifier to be assigned to the report, the
counterparties shall determine the entity responsible for generating a
unique trade identifier in accordance with the following:

(a) for centrally-executed and cleared trades, the unique trade identifier
shall be generated at the point of clearing by the central
counterparty (CCP) for the clearing member. Another unique trade
identifier shall be generated by the clearing member for its
counterparty;

(b) for centrally-executed but not centrally-cleared trades, the unique
trade identifier shall be generated by the trading venue of
execution for its member;

(c) for centrally-confirmed and cleared trades, the unique trade
identifier shall be generated at the point of clearing by the CCP
for the clearing member. Another unique trade identifier shall be
generated by the clearing member for its counterparty;

(d) for trades that were centrally-confirmed by electronic means but
were not centrally-cleared, the unique trade identifier shall be
generated by the trade confirmation platform at the point of
confirmation;

(e) for all trades other than those referred to in points (a) to (d), the
following shall apply:

(i) where financial counterparties trade with non-financial
counterparties, the financial counterparties shall generate the
unique trade identifier;

(ii) where non-financial counterparties above the clearing threshold
trade with non-financial counterparties below the clearing
threshold, those non-financial counterparties above the
clearing threshold shall generate the unique trade identifier;

(iii) for all trades other than those referred to in points (i) and (ii),
the seller shall generate the unique trade identifier.


3. The counterparty generating the unique trade identifier shall
communicate that unique trade identifier to the other counterparty in a
timely manner so that the latter is able to meet its reporting obligation.