A UCITS may enter into the financial contracts referred to in 5° of the I of Article L. 214-20 concluded on the markets referred to in 1°, 2° or 3° of the I of Article R. 214-11 or traded over-the-counter, subject to the following conditions:
1° These relate to one or more of the following:
a) The assets referred to in article L. 214-20, including instruments with one or more of the characteristics of these assets;
b) Interest rates ;
c) Exchange rates or currencies;
d) Financial indices, satisfying the conditions laid down in I of Article R. 214-16;
2° The counterparties to transactions in OTC financial contracts are either institutions acting as UCITS depositaries, credit institutions whose registered office is in a Member State of the Organisation for Economic Co-operation and Development, investment firms whose registered office is in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, or authorised branches referred to in I of Article L. 532-48;
3° They may, at the UCITS’ initiative, be sold, liquidated or closed by a symmetrical transaction at any time, at their market value, and are subject to a reliable and verifiable valuation on a daily basis, which is not based solely on the market prices given by the counterparty and which meets the following criteria:
a) The valuation is based on a current market value that has been reliably established for the instrument or, if such a value is not available, on a valuation model using a recognised and appropriate method;
b) Verification of the valuation is carried out by one of the following:
i) An appropriate third party, independent of the co-contractor, which carries out the verification at an appropriate frequency and in such a way that the UCITS can monitor it;
ii) A department of the UCITS which is independent of the operational functions and able to carry out this verification.
The financial contracts referred to in this article are understood to exclude contracts relating to commodities.