80 FR 20278 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change To Provide for the Clearance of Additional Western European Sovereign Single Names
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 72 (April 15, 2015)
Federal Register Volume 80, Issue 72 (April 15, 2015)
| Page Range | 20278-20280 | |
| FR Document | 2015-08542 |
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)] [Notices] [Pages 20278-20280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08542] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74687; File No. SR-ICC-2015-007] Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change To Provide for the Clearance of Additional Western European Sovereign Single Names April 9, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 7, 2015, ICE Clear Credit LLC (``ICC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by ICC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The purpose of the proposed rule change is to adopt rules that will provide the basis for ICC to clear additional credit default swap contracts. Specifically, ICC is proposing to amend Subchapter 26I of its rules to provide for the clearance of additional Standard Western European Sovereign CDS contracts (collectively, ``SWES Contracts''). ICC currently clears six SWES Contracts: the Republic of Ireland, the Italian Republic, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Belgium, and the Republic of Austria. The proposed changes to the ICC Rules would provide for the clearance of additional SWES Contracts, specifically the Kingdom of the Netherlands, the Republic of Finland, the Kingdom of Sweden, and the Kingdom of Denmark. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, ICC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. ICC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of these statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of the proposed rule change is to adopt rules that will provide the basis for ICC to clear additional credit default swap contracts. ICC currently clears six SWES Contracts: the Republic of Ireland, the Italian Republic, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Belgium, and the Republic of Austria. ICC proposes amending Subchapter 26I of its Rules to provide for the clearance of additional SWES Contracts, specifically the Kingdom of the Netherlands, the Republic of Finland, the Kingdom of Sweden, and the Kingdom of Denmark. ICC plans to offer these additional SWES Contracts on the 2003 and 2014 ISDA Credit Derivatives Definitions. The addition of these SWES Contracts will benefit the market for credit default swaps by providing market participants the benefits of clearing, including reduction in counterparty risk and safeguarding of margin assets pursuant to clearing house rules. These additional SWES Contracts have terms consistent with the other SWES Contracts approved for clearing at ICC and governed by Subchapter 26I of the ICC Rules, namely the Republic of [[Page 20279]] Ireland, the Italian Republic, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Belgium, and the Republic of Austria. Minor revisions to Subchapter 26I (Standard Western European Sovereign (``SWES'') Single Name) are made to provide for clearing the additional SWES Contracts and described as follows. Rule 26I-102 is modified to include the Kingdom of the Netherlands, the Republic of Finland, the Kingdom of Sweden, and the Kingdom of Denmark in the list of specific Eligible SWES Reference Entities to be cleared by ICC. ICC's Risk Management Framework has also been revised to provide enhancements to the General Wrong Way Risk (``GWWR'') methodology related to the clearance of additional SWES Contracts. The proposed changes to the ICC Risk Management Framework extend the GWWR framework to the portfolio level. Currently, there exists no Clearing Participant-level cumulative GWWR requirement incorporated in the Jump- to-Default calculations. The uncollateralized WWR exposure of a Risk Factor needs to exceed its corresponding WWR threshold in order to trigger WWR collateralization. The proposed enhancement is introduced to account for the potential accumulation of portfolio WWR through Risk Factor specific WWR exposures. Under the proposed approach, if the cumulative uncollateralized exposure exceeds a pre-determined portfolio GWWR threshold, the amount above the threshold is collateralized. Section 17A(b)(3)(F) of the Act \3\ requires, among other things, that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts, and transactions and to comply with the provisions of the Act and the rules and regulations thereunder. These contracts are similar to the SWES Contracts currently cleared by ICC, and the additional SWES Contracts will be cleared pursuant to ICC's existing clearing arrangements and related financial safeguards, protections and risk management procedures, except as described herein. The additional SWES Contracts will allow market participants an increased ability to manage risk. ICC believes that acceptance of the new contracts, on the terms and conditions set out in the ICC Rules, is consistent with the prompt and accurate clearance of and settlement of securities transactions and derivative agreements, contracts and transactions cleared by ICC, the safeguarding of securities and funds in the custody or control of ICC, and the protection of investors and the public interest, within the meaning of Section 17A(b)(3)(F) of the Act.\4\ ICC performed a comprehensive risk analysis related to the clearing of additional SWES Contracts and identified the potential for uncollateralized GWWR exposure as a new risk and accommodated for this risk in the ICC Risk Management Framework, as discussed herein. ICC identified no additional risk or systemic risk concerns introduced by clearing additional SWES Contracts, not accounted for by ICC's existing risk management procedures. As such, clearing the additional SWES Contracts is consistent with the requirement of promoting and protecting the public interest in Section 17A(b)(3)(F).\5\ --------------------------------------------------------------------------- \3\ 15 U.S.C. 78q-1(b)(3)(F). \4\ 15 U.S.C. 78q-1(b)(3)(F). \5\ Id. --------------------------------------------------------------------------- Clearing of the additional SWES Contracts will also satisfy the requirements of Rule 17Ad-22.\6\ In particular, in terms of financial resources, ICC will apply its existing initial margin methodology to the additional contracts, with enhancements to the GWWR methodology discussed above. ICC believes that this model will provide sufficient initial margin requirements to cover its credit exposure to its clearing members from clearing such contracts, consistent with the requirements of Rule 17Ad-22(b)(2).\7\ In addition, ICC believes its Guaranty Fund, under its existing methodology, will, together with the required initial margin, provide sufficient financial resources to support the clearing of the additional contracts consistent with the requirements of Rule 17Ad-22(b)(3).\8\ ICC also believes that its existing operational and managerial resources will be sufficient for clearing of the additional contracts, consistent with the requirements of Rule 17Ad-22(d)(4),\9\ as the new contracts are substantially the same from an operational perspective as existing contracts. Similarly, ICC will use its existing settlement procedures and account structures for the new contracts, consistent with the requirements of Rule 17Ad- 22(d)(5), (12) and (15) \10\ as to the finality and accuracy of its daily settlement process and avoidance of the risk to ICC of settlement failures. ICC determined to accept the additional SWES Contracts for clearing in accordance with its governance process, which included review of the contracts and related risk management considerations (and the enhancements to the GWWR methodology discussed herein) by the ICC Risk Committee and approval by its Board. These governance arrangements are consistent with the requirements of Rule 17Ad-22(d)(8).\11\ Finally, ICC will apply its existing default management policies and procedures for the additional SWES Contracts. ICC believes that these procedures allow for it to take timely action to contain losses and liquidity pressures and to continue meeting its obligations in the event of clearing member insolvencies or defaults in respect of the additional single names, in accordance with Rule 17Ad-22(d)(11).\12\ --------------------------------------------------------------------------- \6\ 17 CFR 240.17Ad-22. \7\ 17 CFR 240.17Ad-22(b)(2). \8\ 17 CFR 240.17Ad-22(b)(3). \9\ 17 CFR 240.17Ad-22(d)(4). \10\ 17 CFR 240.17Ad-22(d)(5), (12) and (15). \11\ 17 CFR 240.17Ad-22(d)(8). \12\ 17 CFR 240.17Ad-22(d)(11). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The additional SWES Contracts will be available to all ICC Participants for clearing. The clearing of these additional SWES Contracts by ICC does not preclude the offering of the additional SWES Contracts for clearing by other market participants. Accordingly, ICC does not believe that clearance of the additional SWES Contracts will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments relating to the proposed rule change have not been solicited or received. ICC will notify the Commission of any written comments received by ICC. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) by order approve or disapprove the proposed rule change or (B) institute proceedings to determine whether the proposed rule change should be disapproved. [[Page 20280]] IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-ICC-2015-007 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ICC-2015-007. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be available for inspection and copying at the principal office of ICE Clear Credit and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ICC-2015-007 and should be submitted on or before May 6, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-08542 Filed 4-14-15; 8:45 am] BILLING CODE 8011-01-P
![20278 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices
III. Date of Effectiveness of the Commission and any person, other than Specifically, ICC is proposing to amend
Proposed Rule Change and Timing for those that may be withheld from the Subchapter 26I of its rules to provide for
Commission Action public in accordance with the the clearance of additional Standard
The foregoing rule change is effective provisions of 5 U.S.C. 552, will be Western European Sovereign CDS
upon filing pursuant to Section available for Web site viewing and contracts (collectively, ‘‘SWES
19(b)(3)(A) 7 of the Act and printing in the Commission’s Public Contracts’’). ICC currently clears six
subparagraph (f)(2) of Rule 19b–4 8 Reference Room, 100 F Street NE., SWES Contracts: the Republic of
thereunder, because it establishes a due, Washington, DC 20549, on official Ireland, the Italian Republic, the
fee, or other charge imposed by the business days between the hours of Portuguese Republic, the Kingdom of
Exchange. 10:00 a.m. and 3:00 p.m. Copies of such Spain, the Kingdom of Belgium, and the
At any time within 60 days of the filing also will be available for Republic of Austria. The proposed
filing of such proposed rule change, the inspection and copying at the principal changes to the ICC Rules would provide
Commission summarily may office of the Exchange. All comments for the clearance of additional SWES
temporarily suspend such rule change if received will be posted without change; Contracts, specifically the Kingdom of
it appears to the Commission that such the Commission does not edit personal the Netherlands, the Republic of
action is necessary or appropriate in the identifying information from Finland, the Kingdom of Sweden, and
public interest, for the protection of submissions. You should submit only the Kingdom of Denmark.
investors, or otherwise in furtherance of information that you wish to make
II. Self-Regulatory Organization’s
the purposes of the Act. If the available publicly. All submissions
Statement of the Purpose of, and
Commission takes such action, the should refer to File Number SR–
Statutory Basis for, the Proposed Rule
Commission shall institute proceedings NYSEMKT–2015–26 and should be
Change
under Section 19(b)(2)(B) 9 of the Act to submitted on or before May 6, 2015.
determine whether the proposed rule In its filing with the Commission, ICC
For the Commission, by the Division of
change should be approved or Trading and Markets, pursuant to delegated included statements concerning the
disapproved. authority.10 purpose of and basis for the proposed
Brent J. Fields, rule change and discussed any
IV. Solicitation of Comments comments it received on the proposed
Secretary.
Interested persons are invited to rule change. The text of these statements
[FR Doc. 2015–08547 Filed 4–14–15; 8:45 am]
submit written data, views and may be examined at the places specified
BILLING CODE 8011–01–P
arguments concerning the foregoing, in Item IV below. ICC has prepared
including whether the proposed rule summaries, set forth in sections A, B,
change is consistent with the Act. and C below, of the most significant
SECURITIES AND EXCHANGE
Comments may be submitted by any of aspects of these statements.
COMMISSION
the following methods: A. Self-Regulatory Organization’s
[Release No. 34–74687; File No. SR–ICC–
Electronic Comments 2015–007] Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
• Use the Commission’s Internet Change
Self-Regulatory Organizations; ICE
comment form (http://www.sec.gov/
Clear Credit LLC; Notice of Filing of The purpose of the proposed rule
rules/sro.shtml); or Proposed Rule Change To Provide for
• Send an email to rule-comments@ change is to adopt rules that will
the Clearance of Additional Western provide the basis for ICC to clear
sec.gov. Please include File Number SR–
European Sovereign Single Names additional credit default swap contracts.
NYSEMKT–2015–26 on the subject line.
April 9, 2015. ICC currently clears six SWES
Paper Comments Contracts: the Republic of Ireland, the
Pursuant to Section 19(b)(1) of the
• Send paper comments in triplicate Securities Exchange Act of 1934 Italian Republic, the Portuguese
to Brent J. Fields, Secretary, Securities (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Republic, the Kingdom of Spain, the
and Exchange Commission, 100 F Street notice is hereby given that on April 7, Kingdom of Belgium, and the Republic
NE., Washington, DC 20549. 2015, ICE Clear Credit LLC (‘‘ICC’’) filed of Austria. ICC proposes amending
All submissions should refer to File with the Securities and Exchange Subchapter 26I of its Rules to provide
Number SR–NYSEMKT–2015–26. This Commission (‘‘Commission’’) the for the clearance of additional SWES
file number should be included on the proposed rule change as described in Contracts, specifically the Kingdom of
subject line if email is used. To help the Items I, II, and III below, which Items the Netherlands, the Republic of
Commission process and review your have been prepared primarily by ICC. Finland, the Kingdom of Sweden, and
comments more efficiently, please use The Commission is publishing this the Kingdom of Denmark. ICC plans to
only one method. The Commission will notice to solicit comments on the offer these additional SWES Contracts
post all comments on the Commission’s proposed rule change from interested on the 2003 and 2014 ISDA Credit
Internet Web site (http://www.sec.gov/ persons. Derivatives Definitions. The addition of
rules/sro.shtml). Copies of the these SWES Contracts will benefit the
submission, all subsequent I. Self-Regulatory Organization’s market for credit default swaps by
amendments, all written statements Statement of the Terms of Substance of providing market participants the
with respect to the proposed rule the Proposed Rule Change benefits of clearing, including reduction
change that are filed with the The purpose of the proposed rule in counterparty risk and safeguarding of
tkelley on DSK3SPTVN1PROD with NOTICES
Commission, and all written change is to adopt rules that will margin assets pursuant to clearing house
communications relating to the provide the basis for ICC to clear rules.
proposed rule change between the additional credit default swap contracts. These additional SWES Contracts
have terms consistent with the other
7 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 200.30–3(a)(12). SWES Contracts approved for clearing at
8 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). ICC and governed by Subchapter 26I of
9 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. the ICC Rules, namely the Republic of
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![20280 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices
IV. Solicitation of Comments For the Commission, by the Division of SECURITIES AND EXCHANGE
Trading and Markets, pursuant to delegated COMMISSION
Interested persons are invited to authority.13
submit written data, views, and [Release No. 34–74688; File No. SR–ICC–
Brent J. Fields,
arguments concerning the foregoing, 2015–006]
Secretary.
including whether the proposed rule
[FR Doc. 2015–08542 Filed 4–14–15; 8:45 am] Self-Regulatory Organizations; ICE
change is consistent with the Act.
BILLING CODE 8011–01–P Clear Credit LLC; Notice of Filing of
Comments may be submitted by any of
Proposed Rule Change To Provide for
the following methods:
the Clearance of an Additional
Electronic Comments SECURITIES AND EXCHANGE Standard Emerging Market Sovereign
COMMISSION Single Name
• Use the Commission’s Internet
comment form (http://www.sec.gov/ April 9, 2015.
[Release No. 34–74642A; File No. SR– Pursuant to Section 19(b)(1) of the
rules/sro.shtml); or
NYSE–2014–59] Securities Exchange Act of 1934
• Send an email to rule-comments@
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
sec.gov. Please include File Number SR– Self-Regulatory Organizations; New notice is hereby given that on March 27,
ICC–2015–007 on the subject line. York Stock Exchange LLC; Notice of 2015, ICE Clear Credit LLC (‘‘ICC’’) filed
Withdrawal of a Proposed Rule with the Securities and Exchange
Paper Comments
Change, as Modified by Partial Commission (‘‘Commission’’) the
• Send paper comments in triplicate Amendment No. 1, Amending Rule 13 proposed rule change as described in
to Secretary, Securities and Exchange and Related Rules Governing Order Items I, II, and III below, which Items
Commission, 100 F Street NE., Types and Modifiers; Correction have been prepared primarily by ICC.
Washington, DC 20549–1090. The Commission is publishing this
April 9, 2015.
All submissions should refer to File notice to solicit comments on the
AGENCY:Securities and Exchange proposed rule change from interested
Number SR–ICC–2015–007. This file
Commission. persons.
number should be included on the
subject line if email is used. To help the ACTION: Notice; correction. I. Self-Regulatory Organization’s
Commission process and review your Statement of the Terms of Substance of
comments more efficiently, please use SUMMARY: The Securities and Exchange the Proposed Rule Change
only one method. The Commission will Commission published a document in The purpose of the proposed rule
post all comments on the Commission’s the Federal Register on April 9, 2015, change is to adopt rules that will
Internet Web site (http://www.sec.gov/ concerning a Notice of Withdrawal of a provide the basis for ICC to clear an
rules/sro.shtml). Copies of the Proposed Rule Change, as Modified by additional credit default swap contract.
submission, all subsequent Partial Amendment No. 1, Amending Specifically, ICC is proposing to amend
amendments, all written statements Rule 13 and Related Rules Governing Subchapter 26D of its rules to provide
with respect to the proposed rule Order Types and Modifiers. The for the clearance of an additional
change that are filed with the document contained a typographical Standard Emerging Market Sovereign
Commission, and all written error. CDS contract (‘‘SES Contract’’), namely
communications relating to the Ukraine.
proposed rule change between the FOR FURTHER INFORMATION CONTACT: ICC has been approved to clear twelve
Commission and any person, other than Steve Kuan, Division of Trading and SES Contracts: The Federative Republic
those that may be withheld from the Markets, Securities and Exchange of Brazil, the United Mexican States, the
public in accordance with the Commission, 100 F Street NE., Bolivarian Republic of Venezuela, the
provisions of 5 U.S.C. 552, will be Washington, DC 20549, (202) 551–5624. Argentine Republic, the Republic of
available for Web site viewing and Turkey, the Russian Federation, the
printing in the Commission’s Public Correction
Republic of Hungary, the Republic of
Reference Room, 100 F Street NE., South Africa, the Republic of Chile, the
In the Federal Register of April 9,
Washington, DC 20549, on official Republic of Peru, the Republic of
2015 in FR Doc. 2015–8107, on page
business days between the hours of Colombia, and the Republic of Poland.3
10:00 a.m. and 3:00 p.m. Copies of such 19097, in the fourth line in the first
filings will also be available for column, correct the date ‘‘February 26, 1 15 U.S.C. 78s(b)(1).
inspection and copying at the principal 2014’’ to ‘‘February 26, 2015.’’ 2 17 CFR 240.19b–4.
office of ICE Clear Credit and on ICE Dated: April 9, 2015. 3 See Securities Exchange Act Release No. 34–
Clear Credit’s Web site at https:// 65588 (Oct. 18, 2011), 76 FR 65763 (Oct. 24, 2011)
Brent J. Fields, (File No. SR–ICC–2011–01) (order approving rule
www.theice.com/clear-credit/regulation. Secretary. change to clear SES Contracts referencing the
All comments received will be posted [FR Doc. 2015–08628 Filed 4–14–15; 8:45 am] Federative Republic of Brazil, the United Mexican
States, the Bolivian Republic of Venezuela, and the
without change; the Commission does BILLING CODE 8011–01–P Argentine Republic); Securities Exchange Act
not edit personal identifying Release No. 34–70849 (Nov. 12, 2013), 78 FR 69167
information from submissions. You (Nov. 18, 2013) (File No. SR–ICC–2013–07) (order
approving rule change to clear SES Contracts
tkelley on DSK3SPTVN1PROD with NOTICES
should submit only information that
referencing the Republic of Turkey and the Russian
you wish to make available publicly. All Federation); Securities Exchange Act Release No.
submissions should refer to File 34–73220 (Sep. 25, 2014), 79 FR 59340 (Oct. 1,
Number SR–ICC–2015–007 and should 2014) (File No. SR–ICC–2014–13) (order approving
be submitted on or before May 6, 2015. rule change to clear SES Contracts referencing the
Republic of Hungary and the Republic of South
Africa); and Securities Exchange Act Release No.
13 17 CFR 200.30–3(a)(12). 34–74593 (Mar. 26, 2015), 80 FR 17538 (Apr. 1,
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Document Created: 2015-12-18 11:12:56
Document Modified: 2015-12-18 11:12:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 20278 |
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