80_FR_81633 80 FR 81384 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise the ICC Risk Management Framework and ICC Treasury Operations Policies and Procedures, and Adopt the ICC Risk Management Model Description Document

80 FR 81384 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise the ICC Risk Management Framework and ICC Treasury Operations Policies and Procedures, and Adopt the ICC Risk Management Model Description Document

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range81384-81386
FR Document2015-32649

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81384-81386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32649]



[[Page 81384]]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76733; File No. SR-ICC-2015-017]


Self-Regulatory Organizations; ICE Clear Credit LLC; Order 
Approving Proposed Rule Change To Revise the ICC Risk Management 
Framework and ICC Treasury Operations Policies and Procedures, and 
Adopt the ICC Risk Management Model Description Document

December 22, 2015.

I. Introduction

    On October 20, 2015, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19b(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and 
Rule 19b-4 thereunder,\2\ a proposed rule change (SR-ICC-2015-017) to 
reorganize the ICC Risk Management Framework (``RMF'') in response to a 
recommendation from the Commodity Futures Trading Commission (``CFTC'') 
regarding improvements related to the governance of ICC's risk 
management documentation. The proposed rule change was published for 
comment in the Federal Register on November 9, 2015.\3\ The Commission 
did not receive comments on the proposed rule change. For the reasons 
discussed below, the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-76331 (Nov. 3, 2015), 
80 FR 69261 (Nov. 9, 2015) (SR-ICC-2015-017).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    ICC has proposed reorganizing the RMF in response to a 
recommendation from the CFTC regarding improvements to the governance 
of ICC's risk management documentation. Specifically, ICC has proposed 
organizational and clarifying edits to the RMF and the Treasury 
Operations Policies and Procedures, and has proposed adopting a new 
Risk Management Model Description Document. ICC has represented that 
these revisions do not require any changes to the ICC Clearing Rules 
(``Rules'').
    ICC will move the Collateral Assets Risk Management Framework 
appendix from the RMF to the Treasury Operations Policies and 
Procedures. Accordingly, ICC will update references throughout the RMF 
to the Collateral Assets Risk Management Framework appendix to refer 
instead to the Treasury Operations Policies and Procedures. ICC will 
move appendices containing technical risk management information 
(formerly, RMF Appendices 3-5) to the new ICC Risk Management Model 
Description Document. Accordingly, ICC will update references 
throughout the RMF to these appendices to refer to the Risk Management 
Model Description Document.
    ICC will also make general updates and edits throughout the RMF for 
clarity and consistency. Such edits will include correcting verb 
tenses, adopting consistent abbreviations, and adjusting sentence order 
to assure logical presentation and word flow, and using more succinct 
language. ICC has represented that the edits are not substantive and do 
not affect the nature of ICC's risk management program.
    Within the Overview section of the RMF, ICC will refine the 
Business Overview details to more accurately describe the business 
operations of Intercontinental Exchange, Inc. and ICC.
    ICC will edit the Governance and Organization section of the RMF to 
more fully describe which topics the Risk Committee is responsible to 
advise the Board. The list of documents reviewed by the Risk Committee 
on at least an annual basis will be revised to include the ICC Risk 
Management Model Description Document, the ICC Treasury Operations 
Policies and Procedures, and the ICC Liquidity Risk Management 
Framework. The Risk Working Group (``RWG'') description will be updated 
to note that the group consists of risk personnel from ICC Clearing 
Participants (``CPs''), and to clarify that the RWG is responsible for 
reviewing ICC's risk philosophy and recommending changes to ICC's RMF. 
The validation function of the risk philosophy and tolerance will be 
removed from the list of RWG responsibilities as, according to ICC, 
such functions are the ultimate responsibility of the Board. The 
Advisory Committee description will be updated to note that the 
committee is comprised of representatives of up to twelve clients/
customers of ICC CPs (ICC has represented that currently there are 
twelve client/customer members). The CDS Default Committee description 
will be updated to note that the committee is comprised of 
representatives from ICC CPs on a rotating basis and to remove 
reference to a duty to provide feedback on ICC's RMF and parameters 
because the CDS Default Committee is only convened upon the declaration 
of a default. The committee description will be enhanced to note that, 
as the CDS Default Committee assists ICC in determining and managing 
Minimum Target Prices for auctioned portfolios related to a default, 
the committee oversees necessary auction(s) as well as the process to 
re-establish a matched book. The Risk Management Organization section 
will be updated to remove outdated language stating that the Risk 
Management Department conducts an annual review of ICC's Risk 
Management Framework Policy Statement and submits proposed changes to 
the RWG, Risk Committee, and Board. Further, the section will be 
updated to remove reference to the Risk Management Department being 
responsible for ICC's intellectual capital and personnel, while 
creating, implementing and maintaining ICC's risk management policies.
    ICC will make edits to the Product Summary section of the RMF. ICC 
will clarify language to refer to Index CDS Instruments (as opposed to 
Index Products), Single Name CDS Instruments (as opposed to Single Name 
CDS), and reference entities (as opposed to companies). The Index CDS 
instruments section will be revised to remove reference to the 
International Index Company. The Single Name CDS Instruments section 
will be modified to refine language concerning what constitutes a 
credit event. The list of attributes defining a CDS contract will be 
enhanced to include Maturity, as well as reference Notional Amount, as 
opposed to Notional Principal. Reference to the terms of the contracts 
being prescribed by the ICC Rules and Participant Agreement will be 
removed. The Risk Factors, Risk Sub-Factors and Instruments section 
will be revised to enhance the definition of Risk Sub-Factor to refer 
to a specific single name reference obligation seniority and doc clause 
combination.
    ICC will make edits to the Systemic Risk Management Approach 
section of the RMF, which includes Waterfall Levels 1 through 5. ICC 
will revise Waterfall Level 1: Membership Criteria to remove reference, 
within the Operational Criteria, to employee participation on industry 
committees (e.g. ISDA, DTCC, etc.). Furthermore, the ongoing monitoring 
of participants section will be enhanced to state: (i) intraday 
monitoring includes intraday CDS market levels and potential equity 
price movements, as well as news from Bloomberg and other information 
sources; and (ii) daily monitoring and analysis includes prior day's 
final pays by CPs, daily change in Initial Margin (``IM''), margin 
deficits, unrealized intraday profits/losses for cleared portfolios, 
risk impact of new intraday

[[Page 81385]]

trades on cleared portfolios, daily end-of-day (``EOD'') levels, CPs' 
Guaranty Fund (``GF'') obligations, CPs' day-over-day change in GF 
requirements relative to each firms prior day levels, and CPs' day-
over-day change in GF requirements relative to the total GF balance. 
ICC will remove from the ongoing monitoring of participants section 
review the following components: Daily prices and spreads (including 
missed EOD submissions), daily EOD prices (including missed prices), 
prior day's and intraday total IM as a percentage of CP's or CP's 
guarantor's capital, collateral pricing report for missing prices, and 
collateral deposits no longer in compliance with ICC's acceptable 
collateral policy. ICC asserts that such elements are included in the 
enhanced daily monitoring and analysis section or have been deemed no 
longer relevant to the monitoring process. Further, ICC will clarify 
that the Risk Management Department reviews weekly stress test results 
for extreme risk event scenarios to ensure sufficient margin cover 
under market conditions, as opposed to drastic market conditions. The 
Participant Withdrawal subsection will be revised to remove reference 
to ICC's right of One Time Assessment and instead refer more generally 
to ICC's power of assessment.
    ICC will revise the Waterfall Level 2: Initial Margin description 
to clarify that ICC's IM requirements consist of a set of individual 
components that account for various risks and that the methodology 
includes consideration of hypothetical scenarios for those components. 
ICC will add language to the Spread Response Requirements section to 
note that the hypothetical prices used in calculating the instrument 
spread response risk IM requirement reflect the time-to-maturity 
horizon reduced by one day. ICC will revise the distributions and 
related parameters subsection to refer to the more specific feature 
Mean Absolute Deviation (``MAD'') as opposed to the more general term 
``scale.'' ICC will remove reference to a set Exponentially Weighted 
Moving Average decay factor, as ICC asserts the factor is dynamic, 
subject to review and changed by the Risk Department in consultation 
with the Risk Committee. ICC will also remove outdated language 
regarding the initial setting of Auto Regressive process for first 
order parameters.
    ICC will revise the description of the considered scenarios to 
provide a mathematical description of how the considered scenarios are 
constructed based on statistical analysis of historical time series. 
The term structure scenario construction will now be clearly defined in 
terms of 99% Value-at-Risk equivalent risk measures for different 
tenors, and the cross-tenor correlation structure will be estimated 
from time series analysis. ICC will revise the term ``contracting'' to 
``tightening'' in the context of spread behavior to, according to ICC, 
provide conformity to more commonly used credit market terminology.
    Within the Recovery Rate (``RR'') Sensitivity Requirements 
subsection, ICC will clarify that two additional single name-specific 
stress-test RRs are considered in determining the requirements.
    ICC will revise Waterfall Level 3: Mark-to-Market Margin 
description. Specifically, ICC will revise the methodology section to 
remove specific calculations regarding the methodology and instead 
refer to the ICC EOD Price Discovery Policies and Procedures, which ICC 
asserts contain a more fulsome methodology description.
    ICC will revise Waterfall Level 4: Intra-day Risk Monitoring/
Special Margin Call Execution to clarify language describing the 
calculation of prices to determine the adequacy of collected IM 
intraday. Specifically, as part of the calculation, ICC will utilize 
bid-offer quotes which will be automatically fed into the ICC risk 
management intraday monitoring system.
    ICC will revise Waterfall Level 5: Guaranty Fund description. The 
ICC GF is designed to provide adequate funds to cover losses associated 
with the default of the two CPs, as well as any affiliated CPs (i.e. 
any other CP that owns, is owned by, or is under common ownership with 
such a CP) with the greatest potential uncollateralized losses. ICC 
will add language to note that the set of all affiliated CPs is 
considered as a CP affiliate group. Within the Waterfall Level 5 
description, ICC will revise language to reinforce this CP affiliate 
group concept. Within the Guaranty Fund Calculation for Clearing 
Participants subsection, ICC will remove reference to summary concepts 
of uncollateralized loss given default, uncollateralized spread 
response losses, uncollateralized basis risk losses, and 
uncollateralized interest rate losses, previously used in describing 
the computations of the stress scenario losses. ICC will more precisely 
define the factors considered within the GF calculation and related 
stress test scenarios as the following: occurrence of multiple credit 
events, uncollateralized loss-given-default from self-referencing 
positions, adverse spread scenarios, adverse index-single-name basis 
widening, adverse interest rate scenarios, and anti procyclicality.
    ICC will add language to the Guaranty Fund Allocation subsection of 
the RMF to state that the CP's total uncollateralized GF stress loss is 
the difference between the sum of the stress loss given default, GF 
stress spread response, GF stress basis risk and interest rate losses 
and the sum of the IM idiosyncratic jump-to-default requirements, IM 
spread response requirement, IM basis and interest risk requirement.
    ICC will revise the General Wrong Way Risk and Contagion Measures 
subsection to remove technical information that was moved to the Risk 
Management Model Description Document.
    ICC will revise the Position Concentration Limits subsection of the 
Risk Limits and Controls section to clarify that ICC's concentration 
charge is designed to increase a CP's IM requirement toward the risk of 
maximum loss and ultimately, at the extreme, toward the full expected 
notional amount of liability of the sold protection or the present 
value of the amount of coupon payments for bought protection. ICC will 
summarize language referring to the notional liability of the 
protection sold or the full value of coupon payments to refer more 
generally to loss associated with the portfolio. ICC will revise the 
Model Time Horizon subsection to note that the standard risk horizon 
can be increased by the ICC Risk Management Department during banking 
holiday periods to reflect ICC's limited ability to execute margin 
calls without Risk Committee consultation. ICC will further revise the 
Position Concentration Thresholds subsection to clarify that, if at any 
point, either the margin requirements or concentration charges grow to 
be a concern, ICC has the authority to execute special or intraday 
margin calls, and/or to increase the rate at which the concentration 
charges grow.
    ICC will revise the Stress Testing subsection of the Back Testing 
and Stress Testing section to remove specific assumptions associated 
with the various stress scenarios used in the daily risk management 
process. For proprietary reasons, these specific assumptions will now 
be included in ICC's Stress Testing Framework. ICC will also clarify 
that the Risk Management Department presents stress results at the 
monthly Risk Committee meetings, as well as recommendations about next 
steps and recommendations to add or retire stress tests.
    ICC will make edits to the Default Treatment section to remove 
outdated language stating that ICC seconds

[[Page 81386]]

traders eligible to serve on the ICE Clear Europe Default Management 
Committee. ICC will remove language regarding the auctioning of multi-
currency portfolios for stylistic reasons, as the following sentences 
provide the information in a more accessible format.
    ICC will revise the Cash Settlement subsection of the Settlement 
section to remove outdated language stating that ICC will evaluate a 
transition to a central bank model for U.S. cash if available.
    ICC will make edits to the Market Investment Risk Management 
section of the RMF. Specifically, ICC will delete redundant language 
regarding ICC's investment policy that can be found in the ICC Treasury 
Operations Policies and Procedures.
    ICC will enhance the ICC Clearing Participant Risk Management 
Questionnaire appendix to add more specific details that better capture 
the intent of the questions contained within.
    ICC will revise the Overview section of the Clearing Participant 
Default Management Procedures appendix to refer more generally to ICC's 
default management procedures, as opposed to offering specific details 
provided elsewhere within the appendix. ICC will also revise the CDS 
Default Committee subsection to remove language stating that the CDS 
Default Committee Members are responsible for determining and adjusting 
minimum target prices for auctions. ICC will add language to the 
Hedging and Liquidation subsection to note that the CDS Default 
Committee is responsible for assisting ICC with respect to liquidating 
and hedging positions with the Non-Defaulting CPs, in consultation with 
the Chief Risk Officer. ICC will clarify the Auction Procedures/
Competitive Bidding section to state that the auction bidding process 
will be open for an ICC specified minute window, as opposed to a 
specific 15-minute window.
    ICC will remove the Collateral Assets Risk Management Framework 
Appendix 7 from the RMF and add it as an appendix to the ICC Treasury 
Operations Policies and Procedures. Accordingly, references within the 
Treasury Operations Policies and Procedures to the RMF will be updated. 
Additionally, ICC will update its list of banking relationships 
contained within the document. ICC will also make conforming and non-
material edits to the document.
    Finally, ICC will create the Risk Management Model Description 
Document, which includes the technical risk information previously 
included in Appendices 3 to 5 of the RMF as well as information 
previously included in explanatory risk documents. Technical risk 
information, previously included in explanatory risk documents, will be 
incorporated consistently throughout the new Risk Management Model 
Description Document. The inclusion of such information does not 
constitute a substantive change to the RMF, as it serves to enhance the 
transparency of the technical details of the current implementation 
described in the previous RMF. In the Risk Management Model Description 
Document, ICC will provide additional technical information to improve 
the understanding and/or replication of the models. ICC will also 
provide improved logical connections among all model components, which, 
ICC asserts, should contribute to developing a general intuition for 
ICC's risk approach.
    ICC represents that material changes to the Risk Management Model 
Description Document will be approved by ICC's Board of Managers and 
submitted, in the appropriate form to regulators consistent with other 
documents constituting ICC's RMF. The Risk Management Model Description 
Document will include a technical description of ICC's Initial Margin 
methodology (Recovery Rate Sensitivity Risk Analysis; Loss Given 
Default Risk Analysis; Liquidity Risk Analysis; Large Position Risk 
Analysis; Jump-To-Default Risk Analysis; Interest Rate Sensitivity Risk 
Analysis; Basic Risk Analysis; Spread Risk Analysis; Multi-Currency 
Portfolio Treatment; and Portfolio Loss Boundary Condition) and ICC's 
Guaranty Fund methodology (Guaranty Fund Size Estimation; Guaranty Fund 
Requirements and Periodic Adjustments; and General Wrong Way Risk and 
Contagion Stress Tests). Within the Spread Risk Analysis section, where 
ICC previously had listed explicit risk factors within the RMF, ICC 
will replace such explicit risk factors with the underlying formulas 
used in deriving such factors.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \4\ directs the Commission to 
approve a proposed rule change of a self-regulatory organization if the 
Commission finds that the 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 \5\ 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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2)(C).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with the requirements of Section 17A of the Act \6\ and the rules and 
regulations thereunder applicable to ICC. The proposed rule change is 
designed to clarify ICC's risk management policies through the proposed 
revisions to the RMF and associated changes to the Treasury Operations 
Policies and Procedures. Additionally, the Risk Management Model 
Description Document should reflect the consolidation of certain 
technical risk documents into one singular document, further clarifying 
these technical issues. The Commission therefore believes that the 
proposed revisions to the RMF and Treasury Operations Policies and 
Procedures, as well as creation of the Risk Management Model 
Description Document, are designed to promote the prompt and accurate 
clearance and settlement of securities transactions and, to the extent 
applicable, derivatives agreements, contracts, and transactions in 
accordance with Section 17A(b)(3)(F) of the Act.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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 \8\ and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (File No. SR-ICC-2015-017) be, 
and hereby is, approved.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 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.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-32649 Filed 12-28-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    81384                      Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices

                                                    SECURITIES AND EXCHANGE                                 appendix to refer instead to the                      Committee assists ICC in determining
                                                    COMMISSION                                              Treasury Operations Policies and                      and managing Minimum Target Prices
                                                                                                            Procedures. ICC will move appendices                  for auctioned portfolios related to a
                                                    [Release No. 34–76733; File No. SR–ICC–
                                                    2015–017]
                                                                                                            containing technical risk management                  default, the committee oversees
                                                                                                            information (formerly, RMF Appendices                 necessary auction(s) as well as the
                                                    Self-Regulatory Organizations; ICE                      3–5) to the new ICC Risk Management                   process to re-establish a matched book.
                                                    Clear Credit LLC; Order Approving                       Model Description Document.                           The Risk Management Organization
                                                    Proposed Rule Change To Revise the                      Accordingly, ICC will update references               section will be updated to remove
                                                    ICC Risk Management Framework and                       throughout the RMF to these appendices                outdated language stating that the Risk
                                                    ICC Treasury Operations Policies and                    to refer to the Risk Management Model                 Management Department conducts an
                                                    Procedures, and Adopt the ICC Risk                      Description Document.                                 annual review of ICC’s Risk
                                                    Management Model Description                               ICC will also make general updates                 Management Framework Policy
                                                    Document                                                and edits throughout the RMF for clarity              Statement and submits proposed
                                                                                                            and consistency. Such edits will include              changes to the RWG, Risk Committee,
                                                    December 22, 2015.                                      correcting verb tenses, adopting                      and Board. Further, the section will be
                                                    I. Introduction                                         consistent abbreviations, and adjusting               updated to remove reference to the Risk
                                                                                                            sentence order to assure logical                      Management Department being
                                                       On October 20, 2015, ICE Clear Credit                presentation and word flow, and using                 responsible for ICC’s intellectual capital
                                                    LLC (‘‘ICC’’) filed with the Securities                 more succinct language. ICC has                       and personnel, while creating,
                                                    and Exchange Commission                                 represented that the edits are not                    implementing and maintaining ICC’s
                                                    (‘‘Commission’’), pursuant to Section                   substantive and do not affect the nature              risk management policies.
                                                    19b(1) of the Securities Exchange Act of                of ICC’s risk management program.                        ICC will make edits to the Product
                                                    1934 (‘‘Act’’) 1 and Rule 19b–4                            Within the Overview section of the                 Summary section of the RMF. ICC will
                                                    thereunder,2 a proposed rule change                     RMF, ICC will refine the Business                     clarify language to refer to Index CDS
                                                    (SR–ICC–2015–017) to reorganize the                     Overview details to more accurately                   Instruments (as opposed to Index
                                                    ICC Risk Management Framework                           describe the business operations of                   Products), Single Name CDS
                                                    (‘‘RMF’’) in response to a                              Intercontinental Exchange, Inc. and ICC.              Instruments (as opposed to Single Name
                                                    recommendation from the Commodity                          ICC will edit the Governance and                   CDS), and reference entities (as opposed
                                                    Futures Trading Commission (‘‘CFTC’’)                   Organization section of the RMF to more               to companies). The Index CDS
                                                    regarding improvements related to the                   fully describe which topics the Risk                  instruments section will be revised to
                                                    governance of ICC’s risk management                     Committee is responsible to advise the                remove reference to the International
                                                    documentation. The proposed rule                        Board. The list of documents reviewed                 Index Company. The Single Name CDS
                                                    change was published for comment in                     by the Risk Committee on at least an                  Instruments section will be modified to
                                                    the Federal Register on November 9,                     annual basis will be revised to include               refine language concerning what
                                                    2015.3 The Commission did not receive                   the ICC Risk Management Model                         constitutes a credit event. The list of
                                                    comments on the proposed rule change.                   Description Document, the ICC Treasury                attributes defining a CDS contract will
                                                    For the reasons discussed below, the                    Operations Policies and Procedures, and               be enhanced to include Maturity, as
                                                    Commission is approving the proposed                    the ICC Liquidity Risk Management                     well as reference Notional Amount, as
                                                    rule change.                                            Framework. The Risk Working Group                     opposed to Notional Principal.
                                                    II. Description of the Proposed Rule                    (‘‘RWG’’) description will be updated to              Reference to the terms of the contracts
                                                    Change                                                  note that the group consists of risk                  being prescribed by the ICC Rules and
                                                                                                            personnel from ICC Clearing                           Participant Agreement will be removed.
                                                       ICC has proposed reorganizing the                    Participants (‘‘CPs’’), and to clarify that           The Risk Factors, Risk Sub-Factors and
                                                    RMF in response to a recommendation                     the RWG is responsible for reviewing                  Instruments section will be revised to
                                                    from the CFTC regarding improvements                    ICC’s risk philosophy and                             enhance the definition of Risk Sub-
                                                    to the governance of ICC’s risk                         recommending changes to ICC’s RMF.                    Factor to refer to a specific single name
                                                    management documentation.                               The validation function of the risk                   reference obligation seniority and doc
                                                    Specifically, ICC has proposed                          philosophy and tolerance will be                      clause combination.
                                                    organizational and clarifying edits to the              removed from the list of RWG                             ICC will make edits to the Systemic
                                                    RMF and the Treasury Operations                         responsibilities as, according to ICC,                Risk Management Approach section of
                                                    Policies and Procedures, and has                        such functions are the ultimate                       the RMF, which includes Waterfall
                                                    proposed adopting a new Risk                            responsibility of the Board. The                      Levels 1 through 5. ICC will revise
                                                    Management Model Description                            Advisory Committee description will be                Waterfall Level 1: Membership Criteria
                                                    Document. ICC has represented that                      updated to note that the committee is                 to remove reference, within the
                                                    these revisions do not require any                      comprised of representatives of up to                 Operational Criteria, to employee
                                                    changes to the ICC Clearing Rules                       twelve clients/customers of ICC CPs                   participation on industry committees
                                                    (‘‘Rules’’).                                            (ICC has represented that currently there             (e.g. ISDA, DTCC, etc.). Furthermore,
                                                       ICC will move the Collateral Assets                  are twelve client/customer members).                  the ongoing monitoring of participants
                                                    Risk Management Framework appendix                      The CDS Default Committee description                 section will be enhanced to state: (i)
                                                    from the RMF to the Treasury                            will be updated to note that the                      intraday monitoring includes intraday
                                                    Operations Policies and Procedures.                     committee is comprised of                             CDS market levels and potential equity
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Accordingly, ICC will update references                 representatives from ICC CPs on a                     price movements, as well as news from
                                                    throughout the RMF to the Collateral                    rotating basis and to remove reference to             Bloomberg and other information
                                                    Assets Risk Management Framework                        a duty to provide feedback on ICC’s                   sources; and (ii) daily monitoring and
                                                      1 15
                                                                                                            RMF and parameters because the CDS                    analysis includes prior day’s final pays
                                                           U.S.C. 78s(b)(1).
                                                      2 17
                                                                                                            Default Committee is only convened                    by CPs, daily change in Initial Margin
                                                           CFR 240.19b–4.
                                                      3 Securities Exchange Act Release No. 34–76331        upon the declaration of a default. The                (‘‘IM’’), margin deficits, unrealized
                                                    (Nov. 3, 2015), 80 FR 69261 (Nov. 9, 2015) (SR–         committee description will be enhanced                intraday profits/losses for cleared
                                                    ICC–2015–017).                                          to note that, as the CDS Default                      portfolios, risk impact of new intraday


                                               VerDate Sep<11>2014   19:17 Dec 28, 2015   Jkt 238001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703   E:\FR\FM\29DEN1.SGM   29DEN1


                                                                               Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices                                             81385

                                                    trades on cleared portfolios, daily end-                equivalent risk measures for different                   ICC will add language to the Guaranty
                                                    of-day (‘‘EOD’’) levels, CPs’ Guaranty                  tenors, and the cross-tenor correlation               Fund Allocation subsection of the RMF
                                                    Fund (‘‘GF’’) obligations, CPs’ day-over-               structure will be estimated from time                 to state that the CP’s total
                                                    day change in GF requirements relative                  series analysis. ICC will revise the term             uncollateralized GF stress loss is the
                                                    to each firms prior day levels, and CPs’                ‘‘contracting’’ to ‘‘tightening’’ in the              difference between the sum of the stress
                                                    day-over-day change in GF requirements                  context of spread behavior to, according              loss given default, GF stress spread
                                                    relative to the total GF balance. ICC will              to ICC, provide conformity to more                    response, GF stress basis risk and
                                                    remove from the ongoing monitoring of                   commonly used credit market                           interest rate losses and the sum of the
                                                    participants section review the                         terminology.                                          IM idiosyncratic jump-to-default
                                                    following components: Daily prices and                     Within the Recovery Rate (‘‘RR’’)                  requirements, IM spread response
                                                    spreads (including missed EOD                           Sensitivity Requirements subsection,                  requirement, IM basis and interest risk
                                                    submissions), daily EOD prices                          ICC will clarify that two additional                  requirement.
                                                    (including missed prices), prior day’s                  single name-specific stress-test RRs are                 ICC will revise the General Wrong
                                                    and intraday total IM as a percentage of                considered in determining the                         Way Risk and Contagion Measures
                                                    CP’s or CP’s guarantor’s capital,                       requirements.                                         subsection to remove technical
                                                    collateral pricing report for missing                      ICC will revise Waterfall Level 3:                 information that was moved to the Risk
                                                    prices, and collateral deposits no longer               Mark-to-Market Margin description.                    Management Model Description
                                                    in compliance with ICC’s acceptable                     Specifically, ICC will revise the                     Document.
                                                    collateral policy. ICC asserts that such                methodology section to remove specific                   ICC will revise the Position
                                                    elements are included in the enhanced                   calculations regarding the methodology                Concentration Limits subsection of the
                                                    daily monitoring and analysis section or                and instead refer to the ICC EOD Price                Risk Limits and Controls section to
                                                    have been deemed no longer relevant to                  Discovery Policies and Procedures,                    clarify that ICC’s concentration charge is
                                                    the monitoring process. Further, ICC                    which ICC asserts contain a more                      designed to increase a CP’s IM
                                                    will clarify that the Risk Management                   fulsome methodology description.                      requirement toward the risk of
                                                    Department reviews weekly stress test                      ICC will revise Waterfall Level 4:                 maximum loss and ultimately, at the
                                                    results for extreme risk event scenarios                Intra-day Risk Monitoring/Special                     extreme, toward the full expected
                                                    to ensure sufficient margin cover under                 Margin Call Execution to clarify                      notional amount of liability of the sold
                                                    market conditions, as opposed to drastic                language describing the calculation of                protection or the present value of the
                                                    market conditions. The Participant                      prices to determine the adequacy of                   amount of coupon payments for bought
                                                    Withdrawal subsection will be revised                   collected IM intraday. Specifically, as               protection. ICC will summarize
                                                    to remove reference to ICC’s right of One               part of the calculation, ICC will utilize             language referring to the notional
                                                    Time Assessment and instead refer more                  bid-offer quotes which will be                        liability of the protection sold or the full
                                                    generally to ICC’s power of assessment.                 automatically fed into the ICC risk                   value of coupon payments to refer more
                                                       ICC will revise the Waterfall Level 2:               management intraday monitoring                        generally to loss associated with the
                                                    Initial Margin description to clarify that              system.                                               portfolio. ICC will revise the Model
                                                    ICC’s IM requirements consist of a set of                  ICC will revise Waterfall Level 5:                 Time Horizon subsection to note that
                                                    individual components that account for                  Guaranty Fund description. The ICC GF                 the standard risk horizon can be
                                                    various risks and that the methodology                  is designed to provide adequate funds to              increased by the ICC Risk Management
                                                    includes consideration of hypothetical                  cover losses associated with the default              Department during banking holiday
                                                    scenarios for those components. ICC                     of the two CPs, as well as any affiliated             periods to reflect ICC’s limited ability to
                                                    will add language to the Spread                         CPs (i.e. any other CP that owns, is                  execute margin calls without Risk
                                                    Response Requirements section to note                   owned by, or is under common                          Committee consultation. ICC will
                                                    that the hypothetical prices used in                    ownership with such a CP) with the                    further revise the Position
                                                    calculating the instrument spread                       greatest potential uncollateralized                   Concentration Thresholds subsection to
                                                    response risk IM requirement reflect the                losses. ICC will add language to note                 clarify that, if at any point, either the
                                                    time-to-maturity horizon reduced by                     that the set of all affiliated CPs is                 margin requirements or concentration
                                                    one day. ICC will revise the                            considered as a CP affiliate group.                   charges grow to be a concern, ICC has
                                                    distributions and related parameters                    Within the Waterfall Level 5                          the authority to execute special or
                                                    subsection to refer to the more specific                description, ICC will revise language to              intraday margin calls, and/or to increase
                                                    feature Mean Absolute Deviation                         reinforce this CP affiliate group concept.            the rate at which the concentration
                                                    (‘‘MAD’’) as opposed to the more                        Within the Guaranty Fund Calculation                  charges grow.
                                                    general term ‘‘scale.’’ ICC will remove                 for Clearing Participants subsection, ICC                ICC will revise the Stress Testing
                                                    reference to a set Exponentially                        will remove reference to summary                      subsection of the Back Testing and
                                                    Weighted Moving Average decay factor,                   concepts of uncollateralized loss given               Stress Testing section to remove specific
                                                    as ICC asserts the factor is dynamic,                   default, uncollateralized spread                      assumptions associated with the various
                                                    subject to review and changed by the                    response losses, uncollateralized basis               stress scenarios used in the daily risk
                                                    Risk Department in consultation with                    risk losses, and uncollateralized interest            management process. For proprietary
                                                    the Risk Committee. ICC will also                       rate losses, previously used in                       reasons, these specific assumptions will
                                                    remove outdated language regarding the                  describing the computations of the                    now be included in ICC’s Stress Testing
                                                    initial setting of Auto Regressive process              stress scenario losses. ICC will more                 Framework. ICC will also clarify that the
                                                                                                            precisely define the factors considered               Risk Management Department presents
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    for first order parameters.
                                                       ICC will revise the description of the               within the GF calculation and related                 stress results at the monthly Risk
                                                    considered scenarios to provide a                       stress test scenarios as the following:               Committee meetings, as well as
                                                    mathematical description of how the                     occurrence of multiple credit events,                 recommendations about next steps and
                                                    considered scenarios are constructed                    uncollateralized loss-given-default from              recommendations to add or retire stress
                                                    based on statistical analysis of historical             self-referencing positions, adverse                   tests.
                                                    time series. The term structure scenario                spread scenarios, adverse index-single-                  ICC will make edits to the Default
                                                    construction will now be clearly defined                name basis widening, adverse interest                 Treatment section to remove outdated
                                                    in terms of 99% Value-at-Risk                           rate scenarios, and anti procyclicality.              language stating that ICC seconds


                                               VerDate Sep<11>2014   19:17 Dec 28, 2015   Jkt 238001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\29DEN1.SGM   29DEN1


                                                    81386                      Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices

                                                    traders eligible to serve on the ICE Clear              Appendices 3 to 5 of the RMF as well                   other things, that the rules of a clearing
                                                    Europe Default Management Committee.                    as information previously included in                  agency are designed to promote the
                                                    ICC will remove language regarding the                  explanatory risk documents. Technical                  prompt and accurate clearance and
                                                    auctioning of multi-currency portfolios                 risk information, previously included in               settlement of securities transactions
                                                    for stylistic reasons, as the following                 explanatory risk documents, will be                    and, to the extent applicable, derivative
                                                    sentences provide the information in a                  incorporated consistently throughout                   agreements, contracts, and transactions.
                                                    more accessible format.                                 the new Risk Management Model
                                                       ICC will revise the Cash Settlement                  Description Document. The inclusion of                   The Commission finds that the
                                                    subsection of the Settlement section to                 such information does not constitute a                 proposed rule change is consistent with
                                                    remove outdated language stating that                   substantive change to the RMF, as it                   the requirements of Section 17A of the
                                                    ICC will evaluate a transition to a                     serves to enhance the transparency of                  Act 6 and the rules and regulations
                                                    central bank model for U.S. cash if                     the technical details of the current                   thereunder applicable to ICC. The
                                                    available.                                              implementation described in the                        proposed rule change is designed to
                                                       ICC will make edits to the Market                    previous RMF. In the Risk Management                   clarify ICC’s risk management policies
                                                    Investment Risk Management section of                   Model Description Document, ICC will                   through the proposed revisions to the
                                                    the RMF. Specifically, ICC will delete                  provide additional technical                           RMF and associated changes to the
                                                    redundant language regarding ICC’s                      information to improve the                             Treasury Operations Policies and
                                                    investment policy that can be found in                  understanding and/or replication of the                Procedures. Additionally, the Risk
                                                    the ICC Treasury Operations Policies                    models. ICC will also provide improved                 Management Model Description
                                                    and Procedures.                                         logical connections among all model                    Document should reflect the
                                                       ICC will enhance the ICC Clearing                    components, which, ICC asserts, should                 consolidation of certain technical risk
                                                    Participant Risk Management                             contribute to developing a general                     documents into one singular document,
                                                    Questionnaire appendix to add more                      intuition for ICC’s risk approach.
                                                    specific details that better capture the                                                                       further clarifying these technical issues.
                                                                                                               ICC represents that material changes
                                                    intent of the questions contained                                                                              The Commission therefore believes that
                                                                                                            to the Risk Management Model
                                                    within.                                                                                                        the proposed revisions to the RMF and
                                                                                                            Description Document will be approved
                                                       ICC will revise the Overview section                 by ICC’s Board of Managers and                         Treasury Operations Policies and
                                                    of the Clearing Participant Default                     submitted, in the appropriate form to                  Procedures, as well as creation of the
                                                    Management Procedures appendix to                       regulators consistent with other                       Risk Management Model Description
                                                    refer more generally to ICC’s default                   documents constituting ICC’s RMF. The                  Document, are designed to promote the
                                                    management procedures, as opposed to                    Risk Management Model Description                      prompt and accurate clearance and
                                                    offering specific details provided                      Document will include a technical                      settlement of securities transactions
                                                    elsewhere within the appendix. ICC will                 description of ICC’s Initial Margin                    and, to the extent applicable, derivatives
                                                    also revise the CDS Default Committee                   methodology (Recovery Rate Sensitivity                 agreements, contracts, and transactions
                                                    subsection to remove language stating                   Risk Analysis; Loss Given Default Risk                 in accordance with Section 17A(b)(3)(F)
                                                    that the CDS Default Committee                          Analysis; Liquidity Risk Analysis; Large               of the Act.7
                                                    Members are responsible for                             Position Risk Analysis; Jump-To-Default
                                                    determining and adjusting minimum                       Risk Analysis; Interest Rate Sensitivity               IV. Conclusion
                                                    target prices for auctions. ICC will add                Risk Analysis; Basic Risk Analysis;                      On the basis of the foregoing, the
                                                    language to the Hedging and                             Spread Risk Analysis; Multi-Currency
                                                    Liquidation subsection to note that the                                                                        Commission finds that the proposal is
                                                                                                            Portfolio Treatment; and Portfolio Loss                consistent with the requirements of the
                                                    CDS Default Committee is responsible                    Boundary Condition) and ICC’s
                                                    for assisting ICC with respect to                                                                              Act and in particular with the
                                                                                                            Guaranty Fund methodology (Guaranty
                                                    liquidating and hedging positions with                                                                         requirements of Section 17A of the Act 8
                                                                                                            Fund Size Estimation; Guaranty Fund
                                                    the Non-Defaulting CPs, in consultation                 Requirements and Periodic                              and the rules and regulations
                                                    with the Chief Risk Officer. ICC will                   Adjustments; and General Wrong Way                     thereunder.
                                                    clarify the Auction Procedures/                         Risk and Contagion Stress Tests).                        It is therefore ordered, pursuant to
                                                    Competitive Bidding section to state                    Within the Spread Risk Analysis                        Section 19(b)(2) of the Act,9 that the
                                                    that the auction bidding process will be                section, where ICC previously had listed               proposed rule change (File No. SR–ICC–
                                                    open for an ICC specified minute                        explicit risk factors within the RMF, ICC              2015–017) be, and hereby is,
                                                    window, as opposed to a specific 15-                    will replace such explicit risk factors                approved.10
                                                    minute window.                                          with the underlying formulas used in
                                                       ICC will remove the Collateral Assets                                                                         For the Commission, by the Division of
                                                                                                            deriving such factors.                                 Trading and Markets, pursuant to delegated
                                                    Risk Management Framework Appendix
                                                    7 from the RMF and add it as an                         III. Discussion and Commission                         authority.11
                                                    appendix to the ICC Treasury                            Findings                                               Brent J. Fields,
                                                    Operations Policies and Procedures.                        Section 19(b)(2)(C) of the Act 4 directs            Secretary.
                                                    Accordingly, references within the                      the Commission to approve a proposed                   [FR Doc. 2015–32649 Filed 12–28–15; 8:45 am]
                                                    Treasury Operations Policies and                        rule change of a self-regulatory                       BILLING CODE 8011–01–P
                                                    Procedures to the RMF will be updated.                  organization if the Commission finds
                                                    Additionally, ICC will update its list of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            that the proposed rule change is                         6 15  U.S.C. 78q–1.
                                                    banking relationships contained within                  consistent with the requirements of the                  7 15  U.S.C. 78q–1(b)(3)(F).
                                                    the document. ICC will also make                        Act and the rules and regulations                         8 15 U.S.C. 78q-1.
                                                    conforming and non-material edits to                    thereunder applicable to such self-                       9 15 U.S.C. 78s(b)(2).
                                                    the document.                                           regulatory organization. Section                          10 In approving the proposed rule change, the
                                                       Finally, ICC will create the Risk                    17A(b)(3)(F) of the Act 5 requires, among              Commission considered the proposal’s impact on
                                                    Management Model Description                                                                                   efficiency, competition and capital formation. 15
                                                    Document, which includes the technical                    4 15   U.S.C. 78s(b)(2)(C).                          U.S.C. 78c(f).
                                                    risk information previously included in                   5 15   U.S.C. 78q–1(b)(3)(F).                           11 17 CFR 200.30–3(a)(12).




                                               VerDate Sep<11>2014   19:17 Dec 28, 2015   Jkt 238001   PO 00000   Frm 00115    Fmt 4703   Sfmt 9990   E:\FR\FM\29DEN1.SGM   29DEN1



Document Created: 2015-12-29 10:15:26
Document Modified: 2015-12-29 10:15:26
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 81384 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR