80_FR_28829 80 FR 28733 - Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to Collateral and Haircut Policy

80 FR 28733 - Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to Collateral and Haircut Policy

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28733-28735
FR Document2015-12032

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Notices]
[Pages 28733-28735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12032]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74955; File No. SR-ICEEU-2015-007]


Self-Regulatory Organizations; ICE Clear Europe Limited; Order 
Approving Proposed Rule Change Relating to Collateral and Haircut 
Policy

May 13, 2015.

I.Introduction

    On March 13, 2015, ICE Clear Europe Limited (``ICE Clear Europe'' 
or ``Clearing House'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 
19b-4 thereunder,\2\ to implement a new collateral and haircut policy 
(the ``Haircut Policy'') applicable to Permitted Cover posted by 
Clearing Members to meet the Clearing House's Margin and Guaranty Fund 
requirements. The proposed rule change was published for comment in the 
Federal Register on March 31, 2015.\3\ The Commission did not receive 
comment letters regarding the proposed change. For the reasons 
discussed below, the Commission is granting approval of the proposed 
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-74579 (Mar. 25, 
2015), 80 FR 17132 (Mar. 31, 2015) (SR-ICEEU-2015-007).
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II. Description of the Proposed Rule Change

    ICE Clear Europe proposes to implement a Haircut Policy, which 
would codify and consolidate certain existing practices of the Clearing 
House with respect to Permitted Cover. The proposed Haircut Policy is 
designed (i) to set out overall principles with respect to the assets 
accepted by the Clearing House as Permitted Cover; (ii) to establish a 
framework for determining absolute and relative limits, as applicable, 
on the value of the collateral that may be posted by a Clearing Member 
as Permitted Cover; (iii) to establish a value-at-risk (``VaR'') based 
methodology for determining haircuts for all Permitted Cover; (iv) to 
mitigate wrong-way risk from Permitted Cover; (v) to address sources 
for pricing Permitted Cover; and (vi) to set out certain related 
monitoring, reviewing and reporting procedures. The Haircut Policy 
would apply to Permitted Cover provided for all product classes (F&O, 
CDS and FX).\4\ Following implementation, the Clearing House will from 
time to time adjust the haircuts applicable to Permitted Cover under 
the methodology set forth in the policy.
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    \4\ ICE Clear Europe notes that although the Haircut Policy 
generally also applies to Permitted Cover posted with respect to 
Guaranty Fund requirements, certain additional requirements apply to 
Guaranty Fund contributions under the Rules and Finance Procedures. 
Those additional requirements are not proposed to be changed in 
connection with the Haircut Policy.
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    The general aims of the proposed Haircut Policy are to ensure that 
the Clearing House can efficiently liquidate all forms of Permitted 
Cover, that appropriate prices are used for valuation of Permitted 
Cover and that appropriate haircuts (including, as applicable, cross-
currency haircuts) are used. The proposed Haircut Policy would codify 
certain general principles considered by the Clearing House in 
accepting assets as Permitted Cover, including availability of pricing 
information, the existence of liquid and active markets for buyers and 
sellers of those assets, the existence of sufficient price history, the 
ability to liquidate Permitted Cover without causing a market 
disruption, compliance with legal and regulatory requirements and 
sufficient operational and technological framework to handle deposit, 
liquidation and return of such assets as Permitted Cover.
    Under the proposed Haircut Policy, cash collateral must be in one 
of several specified currencies underlying contracts cleared by the 
Clearing House. Additional general requirements would apply to 
financial instruments, including prohibitions on acceptance of 
instruments that have non-``vanilla'' features such as embedded 
options, instruments issued by a Clearing Member or its affiliate, 
instruments issued by a CCP or by entities that provide critical 
services to the Clearing House (other than central banks) and certain 
credit-based limits. Such limits would require that the issuer is rated 
at least ``BBB-'' by S&P (or its equivalent), the average yield on the 
asset over the previous three months is not greater than 8%, and the 5-
year CDS spread of the issuer has not exceeded 500 basis points over 
the previous three months. The proposed Haircut Policy provides that 
where market conditions warrant, or where the Clearing House's 
sovereign risk model indicates deteriorating credit below a certain 
threshold (i.e., ``BBB-'' by S&P), the Clearing House may remove 
securities from the list of Permitted Cover and/or vary applicable 
haircuts. ICE Clear Europe will notify Clearing Members and other 
market participants of such actions by Circular. ICE Clear Europe 
maintains the current List of Permitted

[[Page 28734]]

Cover (along with haircut rates, limits and restrictions) on its Web 
site at https://www.theice.com/publicdocs/clear_europe/list-of-permitted-covers.pdf.
    The proposed Haircut Policy contains a methodology for setting 
absolute limits on the value of non-cash Permitted Cover that can be 
posted by a Clearing Member.\5\ Absolute collateral limits would apply 
across a group of affiliated Clearing Members and apply across all 
product categories cleared by that group. The policy also sets out 
relative (or concentration) limits for Permitted Cover provided by a 
Clearing Member. ICE Clear Europe publishes on its Web site the current 
absolute and relative limits on government bonds provided as Permitted 
Cover. In addition, the policy sets out procedures for monitoring of 
limits on a daily basis and for remediation of breach of a limit by a 
Clearing Member. The risk management department will monitor all 
collateral limits on a daily basis using a collateral breakdown report 
which flags limit breaches. Breaches will be reviewed internally and 
the relevant Clearing Member will be contacted. Breaches can be 
remediated by posting additional collateral, removal of collateral that 
is in breach of a limit, or both of the above.
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    \5\ The Clearing House does not impose absolute or relative 
limits on the use of U.S. Treasury securities as Permitted Cover.
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    The policy also provides for a risk-based reduction in absolute 
limits for government bonds based on the credit default swap (``CDS'') 
spread for the relevant issuer in order to mitigate wrong-way risk 
arising from government bonds accepted as Permitted Cover. Once the 
spread exceeds a specified level for a particular issuer, the absolute 
limit for Permitted Collateral of that issuer would be reduced pursuant 
to a defined formula. If the spread exceeds a second level, the 
absolute limit will be reduced to 5% of the otherwise applicable 
original limit. Spread levels are determined using a five-day average 
to avoid excessive volatility. The specified parameters will be 
reviewed on a quarterly basis.
    Specific wrong-way risk arising in connection with clearing of 
Western European sovereign CDS is addressed through a requirement that 
U.S. dollar denominated collateral be provided for initial margin and 
that a portion of the CDS Guaranty Fund be U.S. dollar-based 
(determined based on the ratio between the dollar-denominated and Euro-
denominated initial margin requirements for CDS). In addition, where 
the member's aggregate short position in sovereign CDS with respect to 
a sovereign exceeds a specified threshold, the Clearing House may 
decline to accept government bonds of that sovereign or any other 
sovereign bonds that exhibit certain correlations with such government 
bonds.
    The Haircut Policy also addresses potential wrong-way risk arising 
from Permitted Cover more generally. The Clearing House will monitor 
collateral on a daily basis. Where the Clearing House considers there 
to be strong general wrong-way risk between a Clearing Member and the 
asset it is posting, the Clearing House will ask the member to change 
the composition of collateral to mitigate that risk.
    The Haircut Policy establishes a VaR-based methodology for 
determining haircuts for Permitted Cover. Under the proposed Haircut 
Policy, the Clearing House will calculate six different estimations of 
VaR for each applicable risk factor. Each estimation is calculated 
using a 99.9% confidence interval (applicable to Permitted Cover posted 
with respect to all product categories). The proposed haircut will be 
based on the largest VaR of the 6 estimations. The policy specifies 
relevant price sources that will be used for the calculation of 
haircuts for each type of Permitted Cover. Haircuts will be determined 
using the bid prices of Permitted Cover assets, in order to account for 
higher liquidation costs in stressed markets. The applicable haircuts 
will be reviewed on a monthly basis, or more frequently where the risk 
management department deems it necessary.
    Under the proposed policy, the risk management department may 
further adjust the haircut determined under the model as it determines 
prudent in light of additional qualitative and quantitative factors, 
including: the Clearing House's credit assessment of the issuer, 
current market conditions and volatility, expected future volatility, 
the liquidity of the underlying market for the asset, including bid/ask 
spread, wrong way risk considerations, VaR estimates determined for a 
period of stressed market conditions, and other factors that might 
affect the liquidity or value of an asset in stressed market 
conditions. ICE Clear Europe anticipates that such adjustments to the 
value calculated under the model would be used only in exceptional 
circumstances and would expect to use such adjustments to increase 
haircuts in stressed market circumstances. ICE Clear Europe has stated 
that it will make judicious use of current market information to 
override the model but anticipates exercising this ability in less than 
5% of haircut rates.
    The proposed Haircut Policy also sets a minimum haircut level of 3% 
in order to avoid pro-cyclical variation in haircuts and will review 
this minimum level annually under the Haircut Policy. In addition, a 
haircut add-on of up to 1% will be applied during the period until the 
next monthly review to issuers presenting increased credit risk. The 
add-on is applied once the issuer's CDS spread exceeds a specified 
level, and increases in steps of 0.25% up to a maximum of 1% where the 
CDS spread exceeds higher thresholds. The add-on is generally designed 
to anticipate potential haircut increases as part of the next monthly 
review cycle.
    The proposed policy also imposes cross-currency haircuts to address 
the exchange rate risk faced by the Clearing House where the Permitted 
Cover is denominated in a different currency from the currency of the 
applicable margin requirement. Under the proposed Haircut Policy, 
cross-currency haircuts are determined using the same methodology 
described above for other haircuts, but are subject to a minimum 
haircut of 4.5%. Cross-currency haircuts will be applied in addition to 
any applicable haircut for the relevant form of Permitted Cover.
    The Clearing House will monitor Permitted Cover on a daily and 
intraday basis. The Clearing House may, under its existing Rules and 
the Haircut Policy, take action to mitigate any change in risk, 
including by increasing haircuts, calling for additional collateral, 
reducing concentration limits and removing an asset from eligibility as 
Permitted Cover. The Clearing House will monitor the value of Permitted 
Cover deposited with it on a real time basis. Any change in a member's 
intra-day cover value that is greater than 3% will be flagged 
immediately by the Risk Management intraday monitoring system that is 
monitored by the Risk Management team throughout the business day. Any 
breach will be investigated and appropriate action taken where 
necessary. The Clearing House also will backtest haircuts based on 
price moves observed in the markets on a daily basis, and review 
haircut levels if a price move breaches an existing haircut. The 
Clearing House will prepare daily reports with respect to Permitted 
Cover for purposes of internal monitoring and provide monthly reports 
to the relevant Risk Committees and Board Risk Committee.
    The Clearing House will review the Haircut Policy on an annual 
basis (which will include review by the Board Risk Committee) or where 
there is a material change to the risk exposure of the Clearing House. 
The Haircut Policy

[[Page 28735]]

also will be independently reviewed annually under the Clearing House's 
model governance framework.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \6\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if the 
Commission finds that such proposed rule change is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to such self-regulatory organization. Section 17A(b)(3)(F) 
of the Act \7\ requires, among other things, that the rules of a 
clearing agency are designed to promote the prompt and accurate 
clearance and settlement of securities transactions and, to the extent 
applicable, derivative agreements, contracts, and transactions and, in 
general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission finds that the proposed rule change is consistent 
with Section 17A of the Act \8\ and the rules thereunder applicable to 
ICE Clear Europe. The proposed Haircut Policy will codify the general 
principles and limitations for assets accepted by ICE Clear Europe as 
Permitted Cover. The proposed policy also provides a framework for 
ensuring that appropriate prices are used to value Permitted Cover and 
establishes a VaR-based methodology, utilizing six different 
estimations for each applicable risk factor and calculating each 
estimation using a 99.9% confidence interval, for determining haircuts 
to ensure that the value of Permitted Cover held by ICE Clear Europe is 
sufficient to cover the Clearing House's Margin and Guaranty Fund 
requirements. The policy also provides a methodology for setting 
absolute and relative concentration limits on particular bonds a 
Clearing Member may provide as Permitted Cover to guard against 
liquidity and concentration risks and establishes several measures 
designed to mitigate wrong-way-risk. In addition, the proposed policy 
provides procedures for the regular review and monitoring of Permitted 
Cover and associated haircuts and permits the Clearing House to respond 
promptly to changes in market conditions by modifying haircuts or other 
limits on Permitted Cover. Accordingly, the Commission believes that 
the Haircut Policy is designed to appropriately value Permitted Cover 
and enable ICE Clear Europe to efficiently and effectively liquidate 
all forms of accepted Permitted Cover to satisfy its payment 
obligations in the event of a Clearing Member default. The Commission 
therefore finds that the proposed rule change is designed to promote 
the prompt and accurate clearance and settlement of securities 
transactions and, to the extent applicable, derivative agreements, 
contracts, and transactions and, in general, to protect investors and 
the public interest in accordance with Section 17A(b)(3)(F) of the 
Act.\9\
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    \8\ 15 U.S.C. 78q-1.
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of Section 17A of the Act \10\ and the 
rules and regulations thereunder.
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    \10\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\11\ that the proposed rule change (File No. SR-ICEEU-2015-007) be, 
and hereby is, approved.\12\
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    \11\ 15 U.S.C. 78s(b)(2).
    \12\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12032 Filed 5-18-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                    28733

                                              Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                implementation, the Clearing House
                                              the following methods:                                    COMMISSION                                             will from time to time adjust the
                                                                                                                                                               haircuts applicable to Permitted Cover
                                              Electronic Comments                                       [Release No. 34–74955; File No. SR–ICEEU–
                                                                                                        2015–007]
                                                                                                                                                               under the methodology set forth in the
                                                 • Use the Commission’s Internet                                                                               policy.
                                              comment form (http://www.sec.gov/                         Self-Regulatory Organizations; ICE                        The general aims of the proposed
                                              rules/sro.shtml); or                                      Clear Europe Limited; Order Approving                  Haircut Policy are to ensure that the
                                                                                                        Proposed Rule Change Relating to                       Clearing House can efficiently liquidate
                                                 • Send an email to rule-comments@                                                                             all forms of Permitted Cover, that
                                              sec.gov. Please include File Number SR–                   Collateral and Haircut Policy
                                                                                                                                                               appropriate prices are used for valuation
                                              NYSEARCA–2015–38 on the subject                           May 13, 2015.                                          of Permitted Cover and that appropriate
                                              line.                                                                                                            haircuts (including, as applicable, cross-
                                                                                                        I.Introduction
                                              Paper Comments                                                                                                   currency haircuts) are used. The
                                                                                                           On March 13, 2015, ICE Clear Europe                 proposed Haircut Policy would codify
                                                • Send paper comments in triplicate                     Limited (‘‘ICE Clear Europe’’ or                       certain general principles considered by
                                              to Secretary, Securities and Exchange                     ‘‘Clearing House’’) filed with the                     the Clearing House in accepting assets
                                              Commission, 100 F Street NE.,                             Securities and Exchange Commission                     as Permitted Cover, including
                                              Washington, DC 20549–1090.                                (‘‘Commission’’) a proposed rule change                availability of pricing information, the
                                                                                                        pursuant to Section 19(b)(1) of the                    existence of liquid and active markets
                                              All submissions should refer to File                      Securities Exchange Act of 1934                        for buyers and sellers of those assets, the
                                              Number SR–NYSEARCA–2015–38. This                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2                existence of sufficient price history, the
                                              file number should be included on the                     to implement a new collateral and                      ability to liquidate Permitted Cover
                                              subject line if email is used.                            haircut policy (the ‘‘Haircut Policy’’)                without causing a market disruption,
                                                 To help the Commission process and                     applicable to Permitted Cover posted by                compliance with legal and regulatory
                                              review your comments more efficiently,                    Clearing Members to meet the Clearing                  requirements and sufficient operational
                                              please use only one method. The                           House’s Margin and Guaranty Fund                       and technological framework to handle
                                              Commission will post all comments on                      requirements. The proposed rule change                 deposit, liquidation and return of such
                                              the Commission’s Internet Web site                        was published for comment in the                       assets as Permitted Cover.
                                              (http://www.sec.gov/rules/sro.shtml).                     Federal Register on March 31, 2015.3                      Under the proposed Haircut Policy,
                                              Copies of the submission, all subsequent                  The Commission did not receive                         cash collateral must be in one of several
                                              amendments, all written statements                        comment letters regarding the proposed                 specified currencies underlying
                                              with respect to the proposed rule                         change. For the reasons discussed                      contracts cleared by the Clearing House.
                                              change that are filed with the                            below, the Commission is granting                      Additional general requirements would
                                              Commission, and all written                               approval of the proposed rule change.                  apply to financial instruments,
                                              communications relating to the                            II. Description of the Proposed Rule                   including prohibitions on acceptance of
                                              proposed rule change between the                          Change                                                 instruments that have non-‘‘vanilla’’
                                              Commission and any person, other than                                                                            features such as embedded options,
                                              those that may be withheld from the                          ICE Clear Europe proposes to                        instruments issued by a Clearing
                                              public in accordance with the                             implement a Haircut Policy, which                      Member or its affiliate, instruments
                                              provisions of 5 U.S.C. 552, will be                       would codify and consolidate certain                   issued by a CCP or by entities that
                                              available for Web site viewing and                        existing practices of the Clearing House               provide critical services to the Clearing
                                              printing in the Commission’s Public                       with respect to Permitted Cover. The                   House (other than central banks) and
                                              Reference Room, 100 F Street NE.,                         proposed Haircut Policy is designed (i)                certain credit-based limits. Such limits
                                              Washington, DC 20549, on official                         to set out overall principles with respect             would require that the issuer is rated at
                                              business days between the hours of                        to the assets accepted by the Clearing                 least ‘‘BBB¥’’ by S&P (or its
                                              10:00 a.m. and 3:00 p.m. Copies of the                    House as Permitted Cover; (ii) to                      equivalent), the average yield on the
                                              filing will also be available for                         establish a framework for determining                  asset over the previous three months is
                                              inspection and copying at the NYSE’s                      absolute and relative limits, as                       not greater than 8%, and the 5-year CDS
                                              principal office and on its Internet Web                  applicable, on the value of the collateral             spread of the issuer has not exceeded
                                              site at www.nyse.com. All comments                        that may be posted by a Clearing                       500 basis points over the previous three
                                              received will be posted without change;                   Member as Permitted Cover; (iii) to                    months. The proposed Haircut Policy
                                              the Commission does not edit personal                     establish a value-at-risk (‘‘VaR’’) based              provides that where market conditions
                                              identifying information from                              methodology for determining haircuts                   warrant, or where the Clearing House’s
                                              submissions. You should submit only                       for all Permitted Cover; (iv) to mitigate              sovereign risk model indicates
                                              information that you wish to make                         wrong-way risk from Permitted Cover;                   deteriorating credit below a certain
                                              available publicly. All submissions                       (v) to address sources for pricing                     threshold (i.e., ‘‘BBB¥’’ by S&P), the
                                              should refer to File Number SR–                           Permitted Cover; and (vi) to set out                   Clearing House may remove securities
                                              NYSEARCA–2015–38, and should be                           certain related monitoring, reviewing                  from the list of Permitted Cover and/or
                                              submitted on or before June 9, 2015.                      and reporting procedures. The Haircut                  vary applicable haircuts. ICE Clear
                                                                                                        Policy would apply to Permitted Cover                  Europe will notify Clearing Members
                                                For the Commission, by the Division of                  provided for all product classes (F&O,                 and other market participants of such
                                              Trading and Markets, pursuant to delegated                CDS and FX).4 Following                                actions by Circular. ICE Clear Europe
                                              authority.37
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                               maintains the current List of Permitted
                                              Robert W. Errett,                                           1 15 U.S.C. 78s(b)(1).
                                              Deputy Secretary.                                           2 17 CFR 240.19b–4.                                  posted with respect to Guaranty Fund requirements,
                                                                                                          3 Securities Exchange Act Release No. 34–74579
                                              [FR Doc. 2015–12028 Filed 5–18–15; 8:45 am]                                                                      certain additional requirements apply to Guaranty
                                                                                                        (Mar. 25, 2015), 80 FR 17132 (Mar. 31, 2015) (SR–      Fund contributions under the Rules and Finance
                                              BILLING CODE 8011–01–P
                                                                                                        ICEEU–2015–007).                                       Procedures. Those additional requirements are not
                                                                                                          4 ICE Clear Europe notes that although the Haircut   proposed to be changed in connection with the
                                                37 17   CFR 200.30–3(a)(12).                            Policy generally also applies to Permitted Cover       Haircut Policy.



                                         VerDate Sep<11>2014     16:53 May 18, 2015   Jkt 235001   PO 00000   Frm 00155   Fmt 4703   Sfmt 4703   E:\FR\FM\19MYN1.SGM   19MYN1


                                              28734                            Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              Cover (along with haircut rates, limits                  position in sovereign CDS with respect                  The proposed Haircut Policy also sets
                                              and restrictions) on its Web site at                     to a sovereign exceeds a specified                   a minimum haircut level of 3% in order
                                              https://www.theice.com/publicdocs/                       threshold, the Clearing House may                    to avoid pro-cyclical variation in
                                              clear_europe/list-of-permitted-                          decline to accept government bonds of                haircuts and will review this minimum
                                              covers.pdf.                                              that sovereign or any other sovereign                level annually under the Haircut Policy.
                                                 The proposed Haircut Policy contains                  bonds that exhibit certain correlations              In addition, a haircut add-on of up to
                                              a methodology for setting absolute                       with such government bonds.                          1% will be applied during the period
                                              limits on the value of non-cash                             The Haircut Policy also addresses                 until the next monthly review to issuers
                                              Permitted Cover that can be posted by                    potential wrong-way risk arising from                presenting increased credit risk. The
                                              a Clearing Member.5 Absolute collateral                  Permitted Cover more generally. The                  add-on is applied once the issuer’s CDS
                                              limits would apply across a group of                     Clearing House will monitor collateral               spread exceeds a specified level, and
                                              affiliated Clearing Members and apply                    on a daily basis. Where the Clearing                 increases in steps of 0.25% up to a
                                              across all product categories cleared by                 House considers there to be strong                   maximum of 1% where the CDS spread
                                              that group. The policy also sets out                     general wrong-way risk between a                     exceeds higher thresholds. The add-on
                                              relative (or concentration) limits for                   Clearing Member and the asset it is                  is generally designed to anticipate
                                              Permitted Cover provided by a Clearing                   posting, the Clearing House will ask the             potential haircut increases as part of the
                                              Member. ICE Clear Europe publishes on                    member to change the composition of                  next monthly review cycle.
                                              its Web site the current absolute and                    collateral to mitigate that risk.                       The proposed policy also imposes
                                              relative limits on government bonds                         The Haircut Policy establishes a VaR-             cross-currency haircuts to address the
                                              provided as Permitted Cover. In                          based methodology for determining                    exchange rate risk faced by the Clearing
                                              addition, the policy sets out procedures                 haircuts for Permitted Cover. Under the              House where the Permitted Cover is
                                              for monitoring of limits on a daily basis                proposed Haircut Policy, the Clearing                denominated in a different currency
                                              and for remediation of breach of a limit                 House will calculate six different                   from the currency of the applicable
                                              by a Clearing Member. The risk                           estimations of VaR for each applicable               margin requirement. Under the
                                              management department will monitor                       risk factor. Each estimation is calculated           proposed Haircut Policy, cross-currency
                                              all collateral limits on a daily basis                   using a 99.9% confidence interval                    haircuts are determined using the same
                                              using a collateral breakdown report                      (applicable to Permitted Cover posted                methodology described above for other
                                              which flags limit breaches. Breaches                     with respect to all product categories).             haircuts, but are subject to a minimum
                                              will be reviewed internally and the                      The proposed haircut will be based on                haircut of 4.5%. Cross-currency haircuts
                                              relevant Clearing Member will be                         the largest VaR of the 6 estimations. The            will be applied in addition to any
                                              contacted. Breaches can be remediated                    policy specifies relevant price sources              applicable haircut for the relevant form
                                              by posting additional collateral, removal                that will be used for the calculation of             of Permitted Cover.
                                              of collateral that is in breach of a limit,              haircuts for each type of Permitted                     The Clearing House will monitor
                                              or both of the above.                                    Cover. Haircuts will be determined                   Permitted Cover on a daily and intraday
                                                 The policy also provides for a risk-                  using the bid prices of Permitted Cover              basis. The Clearing House may, under
                                              based reduction in absolute limits for                   assets, in order to account for higher               its existing Rules and the Haircut
                                              government bonds based on the credit                     liquidation costs in stressed markets.               Policy, take action to mitigate any
                                              default swap (‘‘CDS’’) spread for the                    The applicable haircuts will be                      change in risk, including by increasing
                                              relevant issuer in order to mitigate                     reviewed on a monthly basis, or more                 haircuts, calling for additional
                                              wrong-way risk arising from government                   frequently where the risk management                 collateral, reducing concentration limits
                                              bonds accepted as Permitted Cover.                       department deems it necessary.                       and removing an asset from eligibility as
                                              Once the spread exceeds a specified                         Under the proposed policy, the risk               Permitted Cover. The Clearing House
                                              level for a particular issuer, the absolute              management department may further                    will monitor the value of Permitted
                                              limit for Permitted Collateral of that                   adjust the haircut determined under the              Cover deposited with it on a real time
                                              issuer would be reduced pursuant to a                    model as it determines prudent in light              basis. Any change in a member’s intra-
                                              defined formula. If the spread exceeds a                 of additional qualitative and                        day cover value that is greater than 3%
                                              second level, the absolute limit will be                 quantitative factors, including: the                 will be flagged immediately by the Risk
                                              reduced to 5% of the otherwise                           Clearing House’s credit assessment of                Management intraday monitoring
                                              applicable original limit. Spread levels                 the issuer, current market conditions                system that is monitored by the Risk
                                              are determined using a five-day average                  and volatility, expected future volatility,          Management team throughout the
                                              to avoid excessive volatility. The                       the liquidity of the underlying market               business day. Any breach will be
                                                                                                       for the asset, including bid/ask spread,             investigated and appropriate action
                                              specified parameters will be reviewed
                                                                                                       wrong way risk considerations, VaR                   taken where necessary. The Clearing
                                              on a quarterly basis.
                                                 Specific wrong-way risk arising in                    estimates determined for a period of                 House also will backtest haircuts based
                                              connection with clearing of Western                      stressed market conditions, and other                on price moves observed in the markets
                                              European sovereign CDS is addressed                      factors that might affect the liquidity or           on a daily basis, and review haircut
                                              through a requirement that U.S. dollar                   value of an asset in stressed market                 levels if a price move breaches an
                                              denominated collateral be provided for                   conditions. ICE Clear Europe anticipates             existing haircut. The Clearing House
                                              initial margin and that a portion of the                 that such adjustments to the value                   will prepare daily reports with respect
                                                                                                       calculated under the model would be                  to Permitted Cover for purposes of
                                              CDS Guaranty Fund be U.S. dollar-
                                                                                                       used only in exceptional circumstances               internal monitoring and provide
                                              based (determined based on the ratio
                                                                                                       and would expect to use such                         monthly reports to the relevant Risk
                                              between the dollar-denominated and
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                                                                                                       adjustments to increase haircuts in                  Committees and Board Risk Committee.
                                              Euro-denominated initial margin
                                                                                                       stressed market circumstances. ICE                      The Clearing House will review the
                                              requirements for CDS). In addition,
                                                                                                       Clear Europe has stated that it will make            Haircut Policy on an annual basis
                                              where the member’s aggregate short
                                                                                                       judicious use of current market                      (which will include review by the Board
                                                5 The Clearing House does not impose absolute or       information to override the model but                Risk Committee) or where there is a
                                              relative limits on the use of U.S. Treasury securities   anticipates exercising this ability in less          material change to the risk exposure of
                                              as Permitted Cover.                                      than 5% of haircut rates.                            the Clearing House. The Haircut Policy


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                                                                              Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                    28735

                                              also will be independently reviewed                     forms of accepted Permitted Cover to                  (the ‘‘Commission’’) the proposed rule
                                              annually under the Clearing House’s                     satisfy its payment obligations in the                change as described in Items I, II, and
                                              model governance framework.                             event of a Clearing Member default. The               III below, which Items have been
                                                                                                      Commission therefore finds that the                   prepared by the self-regulatory
                                              III. Discussion and Commission
                                                                                                      proposed rule change is designed to                   organization. The Commission is
                                              Findings
                                                                                                      promote the prompt and accurate                       publishing this notice to solicit
                                                 Section 19(b)(2)(C) of the Act 6 directs             clearance and settlement of securities                comments on the proposed rule change
                                              the Commission to approve a proposed                    transactions and, to the extent                       from interested persons.
                                              rule change of a self-regulatory                        applicable, derivative agreements,
                                              organization if the Commission finds                    contracts, and transactions and, in                   I. Self-Regulatory Organization’s
                                              that such proposed rule change is                       general, to protect investors and the                 Statement of the Terms of Substance of
                                              consistent with the requirements of the                 public interest in accordance with                    the Proposed Rule Change
                                              Act and the rules and regulations                       Section 17A(b)(3)(F) of the Act.9                        The Exchange proposes to amend the
                                              thereunder applicable to such self-                                                                           NYSE Arca Equities Schedule of Fees
                                              regulatory organization. Section                        IV. Conclusion                                        and Charges for Exchange Services
                                              17A(b)(3)(F) of the Act 7 requires, among                 On the basis of the foregoing, the                  (‘‘Fee Schedule’’) to reduce fees for
                                              other things, that the rules of a clearing              Commission finds that the proposal is                 routing certain retail orders to away
                                              agency are designed to promote the                      consistent with the requirements of the               market centers. The Exchange proposes
                                              prompt and accurate clearance and                       Act and in particular with the                        to implement the changes on May 1,
                                              settlement of securities transactions                   requirements of Section 17A of the                    2015. The text of the proposed rule
                                              and, to the extent applicable, derivative               Act 10 and the rules and regulations                  change is available on the Exchange’s
                                              agreements, contracts, and transactions                 thereunder.                                           Web site at www.nyse.com, at the
                                              and, in general, to protect investors and                 It is therefore ordered, pursuant to                principal office of the Exchange, and at
                                              the public interest.                                    Section 19(b)(2) of the Act,11 that the               the Commission’s Public Reference
                                                 The Commission finds that the                        proposed rule change (File No. SR–                    Room.
                                              proposed rule change is consistent with                 ICEEU–2015–007) be, and hereby is,
                                              Section 17A of the Act 8 and the rules                  approved.12                                           II. Self-Regulatory Organization’s
                                              thereunder applicable to ICE Clear                                                                            Statement of the Purpose of, and
                                                                                                        For the Commission, by the Division of              Statutory Basis for, the Proposed Rule
                                              Europe. The proposed Haircut Policy                     Trading and Markets, pursuant to delegated
                                              will codify the general principles and                  authority.13                                          Change
                                              limitations for assets accepted by ICE                  Robert W. Errett,                                        In its filing with the Commission, the
                                              Clear Europe as Permitted Cover. The                    Deputy Secretary.                                     self-regulatory organization included
                                              proposed policy also provides a                                                                               statements concerning the purpose of,
                                                                                                      [FR Doc. 2015–12032 Filed 5–18–15; 8:45 am]
                                              framework for ensuring that appropriate                                                                       and basis for, the proposed rule change
                                                                                                      BILLING CODE 8011–01–P
                                              prices are used to value Permitted Cover                                                                      and discussed any comments it received
                                              and establishes a VaR-based                                                                                   on the proposed rule change. The text
                                              methodology, utilizing six different                    SECURITIES AND EXCHANGE                               of those statements may be examined at
                                              estimations for each applicable risk                    COMMISSION                                            the places specified in Item IV below.
                                              factor and calculating each estimation                                                                        The Exchange has prepared summaries,
                                              using a 99.9% confidence interval, for                  [Release No. 34–74947; File No. SR–                   set forth in sections A, B, and C below,
                                              determining haircuts to ensure that the                 NYSEArca–2015–39]
                                                                                                                                                            of the most significant parts of such
                                              value of Permitted Cover held by ICE                                                                          statements.
                                                                                                      Self-Regulatory Organizations; NYSE
                                              Clear Europe is sufficient to cover the
                                                                                                      Arca, Inc.; Notice of Filing and                      A. Self-Regulatory Organization’s
                                              Clearing House’s Margin and Guaranty
                                                                                                      Immediate Effectiveness of Proposed                   Statement of the Purpose of, and the
                                              Fund requirements. The policy also
                                                                                                      Rule Change Amending the NYSE Arca                    Statutory Basis for, the Proposed Rule
                                              provides a methodology for setting
                                                                                                      Equities Schedule of Fees and                         Change
                                              absolute and relative concentration
                                                                                                      Charges for Exchange Services To
                                              limits on particular bonds a Clearing                                                                         1. Purpose
                                                                                                      Reduce Fees for Routing Certain Retail
                                              Member may provide as Permitted
                                                                                                      Orders to Away Market Centers                            The Exchange proposes to amend the
                                              Cover to guard against liquidity and
                                              concentration risks and establishes                                                                           Fee Schedule to reduce fees for routing
                                                                                                      May 13, 2015.
                                              several measures designed to mitigate                                                                         certain retail orders to away market
                                                                                                         Pursuant to Section 19(b)(1) 1 of the
                                              wrong-way-risk. In addition, the                                                                              centers. The Exchange proposes to
                                                                                                      Securities Exchange Act of 1934 (the
                                              proposed policy provides procedures for                                                                       implement the changes on May 1, 2015.
                                                                                                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   The Exchange currently charges
                                              the regular review and monitoring of                    notice is hereby given that, on April 30,             $0.0029 per share for all orders in Tape
                                              Permitted Cover and associated haircuts                 2015, NYSE Arca, Inc. (the ‘‘Exchange’’               A Securities that are routed outside the
                                              and permits the Clearing House to                       or ‘‘NYSE Arca’’) filed with the                      Book to the NYSE; and $0.0035 per
                                              respond promptly to changes in market                   Securities and Exchange Commission                    share for all orders in Tape B Securities
                                              conditions by modifying haircuts or
                                                                                                                                                            and Tape C Securities that are routed
                                              other limits on Permitted Cover.                          9 15  U.S.C. 78q–1(b)(3)(F).
                                                                                                                                                            outside the Book to any away market
                                              Accordingly, the Commission believes                      10 15  U.S.C. 78q–1.
                                                                                                         11 15 U.S.C. 78s(b)(2).                            center.
                                              that the Haircut Policy is designed to                                                                           The Exchange proposes to reduce the
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                                                                                                         12 In approving the proposed rule change, the
                                              appropriately value Permitted Cover                                                                           fees for certain orders, i.e., for Primary
                                                                                                      Commission considered the proposal’s impact on
                                              and enable ICE Clear Europe to                          efficiency, competition and capital formation. 15     Until 9:45 Orders 4 and Primary After
                                              efficiently and effectively liquidate all               U.S.C. 78c(f).
                                                                                                         13 17 CFR 200.30–3(a)(12).
                                                                                                                                                              4 A Primary Until 9:45 Order is an Order entered
                                                6 15 U.S.C. 78s(b)(2)(C).                                1 15 U.S.C. 78s(b)(1).
                                                                                                                                                            for participation on the primary market until 9:45
                                                7 15 U.S.C. 78q–1(b)(3)(F).                              2 15 U.S.C. 78a.
                                                                                                                                                            a.m. Eastern Time (6:45 a.m. Pacific Time) after
                                                8 15 U.S.C. 78q–1.                                       3 17 CFR 240.19b–4.                                                                          Continued




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Document Created: 2015-12-15 15:29:32
Document Modified: 2015-12-15 15:29:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 28733 

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