81_FR_64011 81 FR 63831 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change To Provide for the Clearance of Additional Credit Default Swap Contracts

81 FR 63831 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change To Provide for the Clearance of Additional Credit Default Swap Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 180 (September 16, 2016)

Page Range63831-63833
FR Document2016-22257

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63831-63833]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22257]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78818; File No. SR-ICC-2016-012]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing of Proposed Rule Change To Provide for the Clearance of 
Additional Credit Default Swap Contracts

September 12, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that 
on August 29, 2016, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II, and III below, which Items have 
been prepared primarily by ICC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The principal purpose of the proposed rule change is to revise the 
ICC Rulebook (the ``Rules'') to provide for the clearance of additional 
Standard Emerging Market Sovereign CDS contracts (collectively, ``EM 
Contracts''), 2003 ISDA Definitions of Standard Western European 
Sovereign CDS contracts (collectively, ``SWES Contracts''), and an 
additional Asia/Pacific Sovereign CDS contract (the ``Asia/Pacific 
Contract'').

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. ICC has prepared summaries, set forth in sections A, B, 
and C below, of the most significant aspects of these statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    The purpose of the proposed rule change is to adopt rules that will 
provide the basis for ICC to clear additional credit default swap 
contracts. ICC believes the addition of these contracts will benefit 
the market for credit default swaps by providing market participants 
the benefits of clearing, including reduction in counterparty risk and 
safeguarding of margin assets pursuant to clearing house rules.
    ICC proposes amending subchapter 26D of its Rules to provide for 
the clearance of additional EM Contracts, specifically the Republic of 
Panama, Abu Dhabi, Dubai, the State of Israel and the State of Qatar. 
ICC plans to offer these additional EM Contracts on the 2003 and 2014 
ISDA Credit Derivatives Definitions.
    These additional EM Contracts have terms consistent with the other 
EM Contracts approved for clearing at ICC and governed by subchapter 
26D of the Rules. Minor revisions to Subchapter 26D (Standard Emerging 
Market Sovereign (``SES'') Single Name) are made to provide for 
clearing the additional EM Contracts. Specifically, in Rule 26D-102 
(Definitions), ``Eligible SES Reference Entities'' is modified to 
include the Republic of Panama, Abu Dhabi, Dubai, the State of Israel 
and the State of Qatar in the list of specific Eligible SES Reference 
Entities to be cleared by ICC.
    Additionally, ICC proposes amending subchapter 26I of its Rules to 
provide for the clearance of 2003 ISDA Definitions of SWES Contracts. 
ICC currently clears the 2014 ISDA Definitions of ten SWES Contracts,

[[Page 63832]]

namely the Republic of Ireland, the Italian Republic, the Portuguese 
Republic, the Kingdom of Spain, the Kingdom of Belgium, the Republic of 
Austria, the Kingdom of the Netherlands, the Federal Republic of 
Germany, the French Republic, and the United Kingdom of Great Britain 
and Northern Ireland. The proposed rule changes to subchapter 26I will 
allow ICC to offer clearing for the 2003 ISDA Definitions of these SWES 
Contracts.
    Minor revisions to subchapter 26I (Standard Western European 
(``SWES'') Single Name) are made to provide for clearing the 2003 ISDA 
Definitions of SWES Contracts. Specifically, in Rule 26I-102 
(Definitions), the definitions of ``Eligible SWES Reference 
Obligations'', ``List of Eligible SWES Reference Entities'' and ``SWES 
Contract Reference Obligations'' are updated to distinguish between the 
2003- and 2014-Type CDS Contracts, and the corresponding Applicable 
Credit Derivatives Definitions.\3\ Rule 26I-309 (Acceptance of SWES 
Contracts by ICE Clear Credit) is revised in part (c) to note that a 
CDS Participant may not submit a Trade for clearance as a SWES 
contract, and any such Trade shall not be a Confirming Trade, if the 
acceptance would be at a time when the CDS Participant (or any Non-
Participant Party for whom such CDS Participant is acting) is, or is an 
Affiliate of, the Eligible SWES Reference Entity for such SWES Contract 
or is subject to an agreement under which it is reasonably likely that 
the CDS Participant (or any such Non-Participant Party) will become, or 
will become an Affiliate of, the Eligible SWES Reference Entity for 
such SWES Contract. Rule 26I-309 is also revised in part (e) to address 
and distinguish between relevant successor or other events under both 
2003- and 2014-Type CDS Contracts, and the corresponding Applicable 
Credit Derivatives Definitions.
---------------------------------------------------------------------------

    \3\ As defined in Rule 20-102 (Applicable Credit Derivatives 
Definitions).
---------------------------------------------------------------------------

    Rule 26I-315 (Terms of the Cleared SWES Contract) is revised to 
provide reference to provisions of the proper ISDA Definitions, and 
corresponding changes to provision numbering are made as necessary. 
Rule 26I-315(h) is revised to refer to the Applicable Credit 
Derivatives Definitions and eligible Seniority Level, as appropriate.
    Defined terms in Rule 26I-316 (Physical Settlement Matrix Updates) 
are updated to refer specifically to SWES contracts. Rule 26I-616 
(Contract Modification) is revised to note that it shall not constitute 
a Contract Modification if the Board (or its designee) updates the List 
of Eligible SWES Reference Entities (and modifies the terms and 
conditions of related SWES Contracts) to give effect to determinations 
of Succession Events.
    Finally, ICC proposes amending subchapter 26L of its rules to 
provide for the clearance of an additional Asia/Pacific Contract, 
namely the Kingdom of Thailand. ICC plans to offer this contract on the 
2003 and 2014 ISDA Credit Derivatives Definitions.
    The additional Asia/Pacific Contract has terms consistent with the 
other Asia/Pacific Contracts approved for clearing at ICC and governed 
by subchapter 26L of the Rules. Minor revisions to subchapter 26L 
(Asia/Pacific Sovereign (``SAS'') Single Name) are made to provide for 
clearing the additional Asia/Pacific Contract. Specifically, in Rule 
26L-102 (Definitions), ``Eligible SAS Reference Entities'' is modified 
to include the Kingdom of Thailand in the list of specific Eligible SAS 
Reference Entities to be cleared by ICC.
    Section 17A(b)(3)(F) of the Act \4\ requires, among other things, 
that the rules of a clearing agency be designed to promote the prompt 
and accurate clearance and settlement of securities transactions and, 
to the extent applicable, derivative agreements, contracts, and 
transactions and to comply with the provisions of the Act and the rules 
and regulations thereunder. The additional EM Contracts, Asia/Pacific 
Contract and the 2003 ISDA Definitions of SWES Contracts proposed for 
clearing are similar to the EM, SWES, and Asia/Pacific Contracts 
currently cleared by ICC, and will be cleared pursuant to ICC's 
existing clearing arrangements and related financial safeguards, 
protections and risk management procedures. Clearing of the additional 
EM Contracts, Asia/Pacific Contract and 2003 ISDA Definitions of SWES 
Contracts will allow market participants an increased ability to manage 
risk and ensure the safeguarding of margin assets pursuant to clearing 
house rules. ICC believes that acceptance of the new EM Contracts, 
Asia/Pacific Contract and 2003 ISDA Definitions of SWES Contracts, on 
the terms and conditions set out in the Rules, is consistent with the 
prompt and accurate clearance of and settlement of securities 
transactions and derivative agreements, contracts and transactions 
cleared by ICC, the safeguarding of securities and funds in the custody 
or control of ICC, and the protection of investors and the public 
interest, within the meaning of Section 17A(b)(3)(F) of the Act.\5\
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    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    Clearing of the additional EM Contracts, Asia/Pacific Contract and 
2003 ISDA Definitions of SWES Contracts will also satisfy the 
requirements of Rule 17Ad-22.\6\ In particular, in terms of financial 
resources, ICC will apply its existing initial margin methodology to 
the additional contracts. ICC believes that this model will provide 
sufficient initial margin requirements to cover its credit exposure to 
its clearing members from clearing such contracts, consistent with the 
requirements of Rule 17Ad-22(b)(2).\7\ In addition, ICC believes its 
Guaranty Fund, under its existing methodology, will, together with the 
required initial margin, provide sufficient financial resources to 
support the clearing of the additional contracts consistent with the 
requirements of Rule 17Ad-22(b)(3).\8\ ICC also believes that its 
existing operational and managerial resources will be sufficient for 
clearing of the additional contracts, consistent with the requirements 
of Rule 17Ad-22(d)(4),\9\ as the new contracts are substantially the 
same from an operational perspective as existing contracts. Similarly, 
ICC will use its existing settlement procedures and account structures 
for the new contracts, consistent with the requirements of Rule 17Ad-
22(d)(5), (12) and (15) \10\ as to the finality and accuracy of its 
daily settlement process and avoidance of the risk to ICC of settlement 
failures. ICC determined to accept the additional EM Contracts, Asia/
Pacific Contract and 2003 ISDA Definitions of SWES Contracts for 
clearing in accordance with its governance process, which included 
review of the contracts and related risk management considerations by 
the ICC Risk Committee and approval by its Board. These governance 
arrangements are consistent with the requirements of Rule 17Ad-
22(d)(8).\11\ Finally, ICC will apply its existing default management 
policies and procedures for the additional EM Contracts, Asia/Pacific 
Contract and 2003 ISDA Definitions of SWES Contracts. ICC believes that 
these procedures allow for it to take timely action to contain losses 
and liquidity pressures and to continue meeting its obligations in the 
event of clearing member insolvencies or defaults in

[[Page 63833]]

respect of the additional single names, in accordance with Rule 17Ad-
22(d)(11).\12\
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    \6\ 17 CFR 240.17Ad-22.
    \7\ 17 CFR 240.17Ad-22(b)(2).
    \8\ 17 CFR 240.17Ad-22(b)(3).
    \9\ 17 CFR 240.17Ad-22(d)(4).
    \10\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
    \11\ 17 CFR 240.17Ad-22(d)(8).
    \12\ 17 CFR 240.17Ad-22(d)(11).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The additional EM Contracts, Asia/Pacific Contract and 2003 ISDA 
Definitions of SWES Contracts will be available to all ICC participants 
for clearing. The clearing of these additional EM Contracts, Asia/
Pacific Contract and 2003 ISDA Definitions of SWES Contracts by ICC 
does not preclude the offering of the additional EM Contracts, Asia/
Pacific Contract and 2003 ISDA Definitions of SWES Contracts for 
clearing by other market participants. Accordingly, ICC does not 
believe that clearance of the additional EM Contracts, Asia/Pacific 
Contract and 2003 ISDA Definitions of SWES Contracts will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been 
solicited or received. ICC will notify the Commission of any written 
comments received by ICC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ICC-2016-012 on the subject line.

Paper Comments

    Send paper comments in triplicate to Secretary, Securities and 
Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ICC-2016-012. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available 
for inspection and copying at the principal office of ICE Clear Credit 
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-ICC-2016-012 
and should be submitted on or before October 7, 2016.

    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. 2016-22257 Filed 9-15-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices                                          63831

                                                  because it will allow the Exchange to                   provisions of 5 U.S.C. 552, will be                   Western European Sovereign CDS
                                                  implement the proposed rules                            available for Web site viewing and                    contracts (collectively, ‘‘SWES
                                                  immediately thereby preventing delays                   printing in the Commission’s Public                   Contracts’’), and an additional Asia/
                                                  in the implementation of the Plan. The                  Reference Room, 100 F Street NE.,                     Pacific Sovereign CDS contract (the
                                                  Commission notes that the Plan is                       Washington, DC 20549, on official                     ‘‘Asia/Pacific Contract’’).
                                                  scheduled to start on October 3, 2016.                  business days between the hours of 10
                                                                                                                                                                II. Self-Regulatory Organization’s
                                                  Therefore, the Commission hereby                        a.m. and 3 p.m. Copies of such filing
                                                                                                                                                                Statement of the Purpose of, and
                                                  waives the 30-day operative delay and                   also will be available for inspection and
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                                  designates the proposed rule change to                  copying at the principal office of the
                                                                                                                                                                Change
                                                  be operative upon filing with the                       Exchange. All comments received will
                                                  Commission.28                                           be posted without change; the                            In its filing with the Commission, ICC
                                                     At any time within 60 days of the                    Commission does not edit personal                     included statements concerning the
                                                  filing of the proposed rule change, the                 identifying information from                          purpose of and basis for the proposed
                                                  Commission summarily may                                submissions. You should submit only                   rule change and discussed any
                                                  temporarily suspend such rule change if                 information that you wish to make                     comments it received on the proposed
                                                  it appears to the Commission that such                  available publicly. All submissions                   rule change. The text of these statements
                                                  action is necessary or appropriate in the               should refer to File Number SR–BX–                    may be examined at the places specified
                                                  public interest, for the protection of                  2016–048 and should be submitted on                   in Item IV below. ICC has prepared
                                                  investors, or otherwise in furtherance of               or before October 7, 2016.                            summaries, set forth in sections A, B,
                                                  the purposes of the Act.29                                                                                    and C below, of the most significant
                                                                                                            For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            aspects of these statements.
                                                  IV. Solicitation of Comments
                                                                                                          authority.30                                          A. Self-Regulatory Organization’s
                                                    Interested persons are invited to                     Robert W. Errett,
                                                  submit written data, views and                                                                                Statement of the Purpose of, and
                                                                                                          Deputy Secretary.                                     Statutory Basis for, the Proposed Rule
                                                  arguments concerning the foregoing,
                                                  including whether the proposed rule                     [FR Doc. 2016–22250 Filed 9–15–16; 8:45 am]           Change
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P                                  The purpose of the proposed rule
                                                  Comments may be submitted by any of                                                                           change is to adopt rules that will
                                                  the following methods:                                                                                        provide the basis for ICC to clear
                                                                                                          SECURITIES AND EXCHANGE                               additional credit default swap contracts.
                                                  Electronic Comments                                     COMMISSION                                            ICC believes the addition of these
                                                    • Use the Commission’s Internet                       [Release No. 34–78818; File No. SR–ICC–               contracts will benefit the market for
                                                  comment form (http://www.sec.gov/                       2016–012]                                             credit default swaps by providing
                                                  rules/sro.shtml); or                                                                                          market participants the benefits of
                                                    • Send an email to rule-comments@                     Self-Regulatory Organizations; ICE                    clearing, including reduction in
                                                  sec.gov. Please include File Number SR–                 Clear Credit LLC; Notice of Filing of                 counterparty risk and safeguarding of
                                                  BX–2016–048 on the subject line.                        Proposed Rule Change To Provide for                   margin assets pursuant to clearing house
                                                                                                          the Clearance of Additional Credit                    rules.
                                                  Paper Comments                                          Default Swap Contracts                                  ICC proposes amending subchapter
                                                    • Send paper comments in triplicate                                                                         26D of its Rules to provide for the
                                                  to Secretary, Securities and Exchange                   September 12, 2016.
                                                                                                             Pursuant to section 19(b)(1) of the                clearance of additional EM Contracts,
                                                  Commission, 100 F Street NE.,                                                                                 specifically the Republic of Panama,
                                                  Washington, DC 20549–1090.                              Securities Exchange Act of 1934
                                                                                                          (‘‘Act’’) 1 and Rule 19b–4 thereunder 2               Abu Dhabi, Dubai, the State of Israel
                                                  All submissions should refer to File                                                                          and the State of Qatar. ICC plans to offer
                                                                                                          notice is hereby given that on August
                                                  Number SR–BX–2016–048. This file                                                                              these additional EM Contracts on the
                                                                                                          29, 2016, ICE Clear Credit LLC (‘‘ICC’’)
                                                  number should be included on the                                                                              2003 and 2014 ISDA Credit Derivatives
                                                                                                          filed with the Securities and Exchange
                                                  subject line if email is used. To help the                                                                    Definitions.
                                                                                                          Commission (‘‘Commission’’) the
                                                  Commission process and review your                                                                              These additional EM Contracts have
                                                                                                          proposed rule change as described in
                                                  comments more efficiently, please use                                                                         terms consistent with the other EM
                                                                                                          Items I, II, and III below, which Items
                                                  only one method. The Commission will                                                                          Contracts approved for clearing at ICC
                                                                                                          have been prepared primarily by ICC.
                                                  post all comments on the Commission’s                                                                         and governed by subchapter 26D of the
                                                                                                          The Commission is publishing this
                                                  Internet Web site (http://www.sec.gov/                                                                        Rules. Minor revisions to Subchapter
                                                                                                          notice to solicit comments on the
                                                  rules/sro.shtml). Copies of the                                                                               26D (Standard Emerging Market
                                                                                                          proposed rule change from interested
                                                  submission, all subsequent                                                                                    Sovereign (‘‘SES’’) Single Name) are
                                                                                                          persons.
                                                  amendments, all written statements                                                                            made to provide for clearing the
                                                  with respect to the proposed rule                       I. Self-Regulatory Organization’s                     additional EM Contracts. Specifically, in
                                                  change that are filed with the                          Statement of the Terms of Substance of                Rule 26D–102 (Definitions), ‘‘Eligible
                                                  Commission, and all written                             the Proposed Rule Change                              SES Reference Entities’’ is modified to
                                                  communications relating to the                             The principal purpose of the                       include the Republic of Panama, Abu
                                                  proposed rule change between the                        proposed rule change is to revise the                 Dhabi, Dubai, the State of Israel and the
                                                  Commission and any person, other than                   ICC Rulebook (the ‘‘Rules’’) to provide               State of Qatar in the list of specific
                                                  those that may be withheld from the                                                                           Eligible SES Reference Entities to be
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          for the clearance of additional Standard
                                                  public in accordance with the                           Emerging Market Sovereign CDS                         cleared by ICC.
                                                                                                          contracts (collectively, ‘‘EM Contracts’’),             Additionally, ICC proposes amending
                                                     28 For purposes only of waiving the operative
                                                                                                          2003 ISDA Definitions of Standard                     subchapter 26I of its Rules to provide
                                                  delay for this proposal, the Commission has                                                                   for the clearance of 2003 ISDA
                                                  considered the proposed rule’s impact on
                                                  efficiency, competition, and capital formation. See       30 17 CFR 200.30–3(a)(12).                          Definitions of SWES Contracts. ICC
                                                  15 U.S.C. 78c(f).                                         1 15 U.S.C. 78s(b)(1).                              currently clears the 2014 ISDA
                                                     29 15 U.S.C. 78s(b)(3)(C).                             2 17 CFR 240.19b–4.                                 Definitions of ten SWES Contracts,


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                                                  63832                       Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices

                                                  namely the Republic of Ireland, the                     designee) updates the List of Eligible                 the meaning of Section 17A(b)(3)(F) of
                                                  Italian Republic, the Portuguese                        SWES Reference Entities (and modifies                  the Act.5
                                                  Republic, the Kingdom of Spain, the                     the terms and conditions of related                       Clearing of the additional EM
                                                  Kingdom of Belgium, the Republic of                     SWES Contracts) to give effect to                      Contracts, Asia/Pacific Contract and
                                                  Austria, the Kingdom of the                             determinations of Succession Events.                   2003 ISDA Definitions of SWES
                                                  Netherlands, the Federal Republic of                       Finally, ICC proposes amending                      Contracts will also satisfy the
                                                  Germany, the French Republic, and the                   subchapter 26L of its rules to provide                 requirements of Rule 17Ad–22.6 In
                                                  United Kingdom of Great Britain and                     for the clearance of an additional Asia/               particular, in terms of financial
                                                  Northern Ireland. The proposed rule                     Pacific Contract, namely the Kingdom of                resources, ICC will apply its existing
                                                  changes to subchapter 26I will allow                    Thailand. ICC plans to offer this                      initial margin methodology to the
                                                  ICC to offer clearing for the 2003 ISDA                 contract on the 2003 and 2014 ISDA                     additional contracts. ICC believes that
                                                  Definitions of these SWES Contracts.                    Credit Derivatives Definitions.                        this model will provide sufficient initial
                                                     Minor revisions to subchapter 26I                       The additional Asia/Pacific Contract                margin requirements to cover its credit
                                                  (Standard Western European (‘‘SWES’’)                   has terms consistent with the other                    exposure to its clearing members from
                                                  Single Name) are made to provide for                    Asia/Pacific Contracts approved for                    clearing such contracts, consistent with
                                                  clearing the 2003 ISDA Definitions of                   clearing at ICC and governed by                        the requirements of Rule 17Ad–
                                                  SWES Contracts. Specifically, in Rule                   subchapter 26L of the Rules. Minor                     22(b)(2).7 In addition, ICC believes its
                                                  26I–102 (Definitions), the definitions of               revisions to subchapter 26L (Asia/                     Guaranty Fund, under its existing
                                                  ‘‘Eligible SWES Reference Obligations’’,                Pacific Sovereign (‘‘SAS’’) Single Name)               methodology, will, together with the
                                                  ‘‘List of Eligible SWES Reference                       are made to provide for clearing the                   required initial margin, provide
                                                  Entities’’ and ‘‘SWES Contract Reference                additional Asia/Pacific Contract.                      sufficient financial resources to support
                                                  Obligations’’ are updated to distinguish                Specifically, in Rule 26L–102                          the clearing of the additional contracts
                                                  between the 2003- and 2014-Type CDS                     (Definitions), ‘‘Eligible SAS Reference                consistent with the requirements of Rule
                                                  Contracts, and the corresponding                        Entities’’ is modified to include the                  17Ad–22(b)(3).8 ICC also believes that
                                                  Applicable Credit Derivatives                           Kingdom of Thailand in the list of                     its existing operational and managerial
                                                  Definitions.3 Rule 26I–309 (Acceptance                  specific Eligible SAS Reference Entities               resources will be sufficient for clearing
                                                  of SWES Contracts by ICE Clear Credit)                  to be cleared by ICC.                                  of the additional contracts, consistent
                                                  is revised in part (c) to note that a CDS                  Section 17A(b)(3)(F) of the Act 4                   with the requirements of Rule 17Ad–
                                                  Participant may not submit a Trade for                  requires, among other things, that the                 22(d)(4),9 as the new contracts are
                                                  clearance as a SWES contract, and any                                                                          substantially the same from an
                                                                                                          rules of a clearing agency be designed to
                                                  such Trade shall not be a Confirming                                                                           operational perspective as existing
                                                                                                          promote the prompt and accurate
                                                  Trade, if the acceptance would be at a                                                                         contracts. Similarly, ICC will use its
                                                                                                          clearance and settlement of securities
                                                  time when the CDS Participant (or any                                                                          existing settlement procedures and
                                                                                                          transactions and, to the extent
                                                  Non-Participant Party for whom such                                                                            account structures for the new contracts,
                                                                                                          applicable, derivative agreements,
                                                  CDS Participant is acting) is, or is an                                                                        consistent with the requirements of Rule
                                                                                                          contracts, and transactions and to
                                                  Affiliate of, the Eligible SWES Reference                                                                      17Ad–22(d)(5), (12) and (15) 10 as to the
                                                                                                          comply with the provisions of the Act
                                                  Entity for such SWES Contract or is                                                                            finality and accuracy of its daily
                                                                                                          and the rules and regulations
                                                  subject to an agreement under which it                                                                         settlement process and avoidance of the
                                                                                                          thereunder. The additional EM
                                                  is reasonably likely that the CDS                                                                              risk to ICC of settlement failures. ICC
                                                                                                          Contracts, Asia/Pacific Contract and the
                                                  Participant (or any such Non-Participant                                                                       determined to accept the additional EM
                                                                                                          2003 ISDA Definitions of SWES
                                                  Party) will become, or will become an                                                                          Contracts, Asia/Pacific Contract and
                                                                                                          Contracts proposed for clearing are
                                                  Affiliate of, the Eligible SWES Reference                                                                      2003 ISDA Definitions of SWES
                                                                                                          similar to the EM, SWES, and Asia/
                                                  Entity for such SWES Contract. Rule                                                                            Contracts for clearing in accordance
                                                                                                          Pacific Contracts currently cleared by
                                                  26I–309 is also revised in part (e) to                                                                         with its governance process, which
                                                                                                          ICC, and will be cleared pursuant to
                                                  address and distinguish between                                                                                included review of the contracts and
                                                                                                          ICC’s existing clearing arrangements and
                                                  relevant successor or other events under                                                                       related risk management considerations
                                                                                                          related financial safeguards, protections
                                                  both 2003- and 2014-Type CDS                                                                                   by the ICC Risk Committee and approval
                                                                                                          and risk management procedures.
                                                  Contracts, and the corresponding                                                                               by its Board. These governance
                                                                                                          Clearing of the additional EM Contracts,
                                                  Applicable Credit Derivatives                                                                                  arrangements are consistent with the
                                                                                                          Asia/Pacific Contract and 2003 ISDA
                                                  Definitions.                                                                                                   requirements of Rule 17Ad–22(d)(8).11
                                                     Rule 26I–315 (Terms of the Cleared                   Definitions of SWES Contracts will
                                                                                                          allow market participants an increased                 Finally, ICC will apply its existing
                                                  SWES Contract) is revised to provide                                                                           default management policies and
                                                  reference to provisions of the proper                   ability to manage risk and ensure the
                                                                                                          safeguarding of margin assets pursuant                 procedures for the additional EM
                                                  ISDA Definitions, and corresponding                                                                            Contracts, Asia/Pacific Contract and
                                                  changes to provision numbering are                      to clearing house rules. ICC believes that
                                                                                                          acceptance of the new EM Contracts,                    2003 ISDA Definitions of SWES
                                                  made as necessary. Rule 26I–315(h) is                                                                          Contracts. ICC believes that these
                                                  revised to refer to the Applicable Credit               Asia/Pacific Contract and 2003 ISDA
                                                                                                          Definitions of SWES Contracts, on the                  procedures allow for it to take timely
                                                  Derivatives Definitions and eligible                                                                           action to contain losses and liquidity
                                                  Seniority Level, as appropriate.                        terms and conditions set out in the
                                                                                                          Rules, is consistent with the prompt and               pressures and to continue meeting its
                                                     Defined terms in Rule 26I–316                                                                               obligations in the event of clearing
                                                  (Physical Settlement Matrix Updates)                    accurate clearance of and settlement of
                                                                                                          securities transactions and derivative                 member insolvencies or defaults in
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                                                  are updated to refer specifically to
                                                  SWES contracts. Rule 26I–616 (Contract                  agreements, contracts and transactions
                                                                                                                                                                   5 15 U.S.C. 78q–1(b)(3)(F).
                                                  Modification) is revised to note that it                cleared by ICC, the safeguarding of                      6 17 CFR 240.17Ad–22.
                                                  shall not constitute a Contract                         securities and funds in the custody or                   7 17 CFR 240.17Ad–22(b)(2).

                                                  Modification if the Board (or its                       control of ICC, and the protection of                    8 17 CFR 240.17Ad–22(b)(3).
                                                                                                          investors and the public interest, within                9 17 CFR 240.17Ad–22(d)(4).

                                                    3 As defined in Rule 20–102 (Applicable Credit                                                                 10 17 CFR 240.17Ad–22(d)(5), (12) and (15).

                                                  Derivatives Definitions).                                 4 15   U.S.C. 78q–1(b)(3)(F).                          11 17 CFR 240.17Ad–22(d)(8).




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                                                                               Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices                                            63833

                                                  respect of the additional single names,                    • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                  in accordance with Rule 17Ad–                            sec.gov. Please include File Number SR–                COMMISSION
                                                  22(d)(11).12                                             ICC–2016–012 on the subject line.
                                                  B. Self-Regulatory Organization’s                        Paper Comments                                         [Release No. 34–78815; File No. SR–Phlx–
                                                  Statement on Burden on Competition                                                                              2016–90]
                                                    The additional EM Contracts, Asia/                       Send paper comments in triplicate to
                                                                                                           Secretary, Securities and Exchange                     Self-Regulatory Organizations;
                                                  Pacific Contract and 2003 ISDA                                                                                  NASDAQ PHLX LLC; Notice of Filing
                                                  Definitions of SWES Contracts will be                    Commission, 100 F Street NE.,
                                                                                                           Washington, DC 20549–1090.                             and Immediate Effectiveness of
                                                  available to all ICC participants for                                                                           Proposed Rule Change To Amend Rule
                                                  clearing. The clearing of these                          All submissions should refer to File                   3317
                                                  additional EM Contracts, Asia/Pacific                    Number SR–ICC–2016–012. This file
                                                  Contract and 2003 ISDA Definitions of                    number should be included on the                       September 12, 2016.
                                                  SWES Contracts by ICC does not                           subject line if email is used. To help the                Pursuant to Section 19(b)(1) of the
                                                  preclude the offering of the additional
                                                                                                           Commission process and review your                     Securities Exchange Act of 1934
                                                  EM Contracts, Asia/Pacific Contract and
                                                                                                           comments more efficiently, please use                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  2003 ISDA Definitions of SWES
                                                                                                           only one method. The Commission will                   notice is hereby given that on August
                                                  Contracts for clearing by other market
                                                                                                           post all comments on the Commission’s                  29, 2016, NASDAQ PHLX LLC (‘‘Phlx’’
                                                  participants. Accordingly, ICC does not
                                                                                                           Internet Web site (http://www.sec.gov/                 or ‘‘Exchange’’) filed with the Securities
                                                  believe that clearance of the additional
                                                                                                           rules/sro.shtml). Copies of the                        and Exchange Commission (‘‘SEC’’ or
                                                  EM Contracts, Asia/Pacific Contract and
                                                                                                           submission, all subsequent                             ‘‘Commission’’) the proposed rule
                                                  2003 ISDA Definitions of SWES
                                                                                                           amendments, all written statements                     change as described in Items I and II
                                                  Contracts will impose any burden on
                                                  competition not necessary or                             with respect to the proposed rule                      below, which Items have been prepared
                                                  appropriate in furtherance of the                        change that are filed with the                         by the Exchange. The Commission is
                                                  purposes of the Act.                                     Commission, and all written                            publishing this notice to solicit
                                                                                                                                                                  comments on the proposed rule change
                                                  C. Self-Regulatory Organization’s                        communications relating to the
                                                                                                                                                                  from interested persons.
                                                  Statement on Comments on the                             proposed rule change between the
                                                  Proposed Rule Change Received From                       Commission and any person, other than                  I. Self-Regulatory Organization’s
                                                  Members, Participants or Others                          those that may be withheld from the                    Statement of the Terms of Substance of
                                                                                                           public in accordance with the                          the Proposed Rule Change
                                                    Written comments relating to the
                                                                                                           provisions of 5 U.S.C. 552, will be
                                                  proposed rule change have not been                                                                                 The Exchange proposes to amend
                                                                                                           available for Web site viewing and
                                                  solicited or received. ICC will notify the                                                                      Rule 3317 to modify certain data
                                                  Commission of any written comments                       printing in the Commission’s Public
                                                                                                                                                                  collection requirements of the
                                                  received by ICC.                                         Reference Room, 100 F Street NE.,
                                                                                                                                                                  Regulation NMS Plan to Implement a
                                                                                                           Washington, DC 20549, on official                      Tick Size Pilot Program.
                                                  III. Date of Effectiveness of the                        business days between the hours of
                                                  Proposed Rule Change and Timing for                      10:00 a.m. and 3:00 p.m. Copies of such                   The Exchange requests that the
                                                  Commission Action                                        filings will also be available for                     Commission waive the 30-day operative
                                                     Within 45 days of the date of                         inspection and copying at the principal                delay period contained in Exchange Act
                                                  publication of this notice in the Federal                                                                       Rule 19b–4(f)(6)(iii).3
                                                                                                           office of ICE Clear Credit and on ICE
                                                  Register or within such longer period                    Clear Credit’s Web site at https://                       The text of the proposed rule change
                                                  up to 90 days (i) as the Commission may                  www.theice.com/clear-credit/regulation.                is available on the Exchange’s Web site
                                                  designate if it finds such longer period                                                                        at http://nasdaqphlx.cchwallstreet.com/
                                                  to be appropriate and publishes its                         All comments received will be posted
                                                                                                                                                                  , at the principal office of the Exchange,
                                                  reasons for so finding or (ii) as to which               without change; the Commission does                    and at the Commission’s Public
                                                  the self-regulatory organization                         not edit personal identifying                          Reference Room.
                                                  consents, the Commission will:                           information from submissions. You
                                                     (A) By order approve or disapprove                    should submit only information that                    II. Self-Regulatory Organization’s
                                                  the proposed rule change or                              you wish to make available publicly. All               Statement of the Purpose of, and
                                                     (B) institute proceedings to determine                submissions should refer to File                       Statutory Basis for, the Proposed Rule
                                                  whether the proposed rule change                         Number SR–ICC–2016–012 and should                      Change
                                                  should be disapproved.                                   be submitted on or before October 7,                     In its filing with the Commission, the
                                                  IV. Solicitation of Comments                             2016.                                                  Exchange included statements
                                                    Interested persons are invited to                        For the Commission, by the Division of               concerning the purpose of and basis for
                                                  submit written data, views, and                          Trading and Markets, pursuant to delegated             the proposed rule change and discussed
                                                  arguments concerning the foregoing,                      authority.13                                           any comments it received on the
                                                  including whether the proposed rule                      Robert W. Errett,                                      proposed rule change. The text of these
                                                  change is consistent with the Act.                       Deputy Secretary.                                      statements may be examined at the
                                                  Comments may be submitted by any of                      [FR Doc. 2016–22257 Filed 9–15–16; 8:45 am]
                                                                                                                                                                  places specified in Item IV below. The
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                                                  the following methods:                                                                                          Exchange has prepared summaries, set
                                                                                                           BILLING CODE 8011–01–P
                                                                                                                                                                  forth in sections A, B, and C below, of
                                                  Electronic Comments                                                                                             the most significant aspects of such
                                                    • Use the Commission’s Internet                                                                               statements.
                                                  comment form (http://www.sec.gov/
                                                  rules/sro.shtml); or                                                                                              1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    2 17 CFR 240.19b–4.
                                                    12 17   CFR 240.17Ad–22(d)(11).                          13 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2016-09-16 00:25:14
Document Modified: 2016-09-16 00:25:14
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 Citation81 FR 63831 

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