81 FR 88291 - 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 235 (December 7, 2016)
Federal Register Volume 81, Issue 235 (December 7, 2016)
| Page Range | 88291-88292 | |
| FR Document | 2016-29285 |
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)] [Notices] [Pages 88291-88292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29285] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79439; File No. SR-ICC-2016-014] 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 December 1, 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 November 18, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The principal purpose of the proposed rule change is to revise the ICC Rulebook (the ``Rules'') to provide for the clearance of Standard Australian Corporate Single Name CDS contracts (collectively, ``STAC Contracts'') and Standard Australian Financial Corporate Single Name CDS contracts (collectively, ``STAFC Contracts''). 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. Specifically, ICC proposes amending Chapter 26 of the ICC Rules to add Subchapters 26M and 26N to provide for the clearance of STAC and STAFC Contracts, respectively. 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. Clearing of the additional STAC and STAFC Contracts will not require any changes to ICC's Risk Management Framework or other policies and procedures constituting rules within the meaning of the Securities Exchange Act of 1934 (``Act''). STAC Contracts have similar terms to the Standard European Corporate Single Name CDS contracts (``STEC Contracts'') currently cleared by ICC and governed by Subchapter 26G of the ICC Rules. Accordingly, the proposed rules found in Subchapter 26M largely mirror the ICC Rules for STEC Contracts in Subchapter 26G, with certain modifications that reflect differences in terms and market conventions between those contracts and STAC Contracts. STAC Contracts will be denominated in United States Dollars. ICC Rule 26M-102 (Definitions) sets forth the definitions used for the STAC Contracts. The definitions are substantially the same as the definitions found in Subchapter 26G of the ICC Rules, other than certain conforming changes. ICC Rules 26M-203 (Restriction on Activity), 26M-206 (Notices Required of Participants with respect to STAC Contracts), 26M-303 (STAC Contract Adjustments), 26M-309 (Acceptance of STAC Contracts by ICE Clear Credit), 26M-315 (Terms of the Cleared STAC Contract), 26M-316 (Relevant Physical Settlement Matrix Updates), 26M-502 (Specified Actions), and 26M-616 (Contract Modification) reflect or incorporate the basic contract specifications for STAC Contracts and are substantially the same as under Subchapter 26G of the ICC Rules. STAFC Contracts have similar terms to the Standard European Financial Corporate Single Name CDS contracts (``STEFC Contracts'') currently cleared by ICC and governed by Subchapter 26H of the ICC Rules. Accordingly, the proposed rules found in Subchapter 26N largely mirror the ICC Rules for STEFC Contracts in Subchapter 26H, with certain modifications that reflect differences in terms and market conventions between those contracts and STAFC Contracts. STAFC Contracts will be denominated in United States Dollars. ICC Rule 26N-102 (Definitions) sets forth the definitions used for the STAFC Contracts. The definitions are substantially the same as the definitions found in Subchapter 26H of the ICC Rules, other than certain conforming changes. ICC Rules 26N-203 (Restriction on Activity), 26N-206 (Notices Required of Participants with respect to STAFC Contracts), 26N-303 (STAFC Contract Adjustments), 26N-309 (Acceptance of STAFC Contracts by ICE Clear Credit), 26N-315 (Terms of the Cleared STAFC Contract), 26N-316 (Relevant Physical Settlement Matrix Updates), 26N-502 (Specified Actions), and 26N-616 (Contract Modification) reflect or incorporate the basic contract specifications for STAFC Contracts and are substantially the same as under Subchapter 26H of the ICC Rules. Section 17A(b)(3)(F) of the Act \3\ requires, among other things, that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts, and transactions and to comply with the provisions of the Act and the rules and regulations thereunder. The STAC and STAFC Contracts proposed for clearing are similar to the STEC and STEFC 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 STAC and STAFC Contracts will allow market participants an increased ability to manage risk and ensure the safeguarding of margin assets [[Page 88292]] pursuant to clearing house rules. ICC believes that acceptance of the STAC and STAFC 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.\4\ --------------------------------------------------------------------------- \3\ 15 U.S.C. 78q-1(b)(3)(F). \4\ 15 U.S.C. 78q-1(b)(3)(F). --------------------------------------------------------------------------- Clearing of the STAC and STAFC Contracts will also satisfy the requirements of Rule 17Ad-22.\5\ 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).\6\ 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).\7\ 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),\8\ 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) \9\ 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 STAC and STAFC 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).\10\ Finally, ICC will apply its existing default management policies and procedures for the STAC and STAFC Contracts. ICC believes that these procedures allow for it to take timely action to contain losses and liquidity pressures and to continue meeting its obligations in the event of clearing member insolvencies or defaults in respect of the additional single names, in accordance with Rule 17Ad- 22(d)(11).\11\ --------------------------------------------------------------------------- \5\ 17 CFR 240.17Ad-22. \6\ 17 CFR 240.17Ad-22(b)(2). \7\ 17 CFR 240.17Ad-22(b)(3). \8\ 17 CFR 240.17Ad-22(d)(4). \9\ 17 CFR 240.17Ad-22(d)(5), (12) and (15). \10\ 17 CFR 240.17Ad-22(d)(8). \11\ 17 CFR 240.17Ad-22(d)(11). --------------------------------------------------------------------------- (B) Self-Regulatory Organization's Statement on Burden on Competition The STAC and STAFC Contracts will be available to all ICC participants for clearing. The clearing of these STAC and STAFC Contracts by ICC does not preclude the offering of the STAC and STAFC Contracts for clearing by other market participants. Accordingly, ICC does not believe that clearance of the STAC and STAFC 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-ICC-2016-014 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-2016-014. 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-2016-014 and should be submitted on or before December 28, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-29285 Filed 12-6-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices 88291
The limited and temporary exemption II. Self-Regulatory Organization’s Clear Credit), 26M–315 (Terms of the
extended by this Order is subject to Statement of the Purpose of, and Cleared STAC Contract), 26M–316
modification or revocation if at any time Statutory Basis for, the Proposed Rule (Relevant Physical Settlement Matrix
the Commission determines that such Change Updates), 26M–502 (Specified Actions),
action is necessary or appropriate in In its filing with the Commission, ICC and 26M–616 (Contract Modification)
furtherance of the purposes of the Act. included statements concerning the reflect or incorporate the basic contract
Responsibility for compliance with any purpose of and basis for the proposed specifications for STAC Contracts and
applicable provisions of the Federal rule change and discussed any are substantially the same as under
securities laws must rest with the Subchapter 26G of the ICC Rules.
comments it received on the proposed
STAFC Contracts have similar terms
persons relying on the exemption that rule change. The text of these statements
to the Standard European Financial
are the subject of this Order. may be examined at the places specified Corporate Single Name CDS contracts
For the Commission, by the Division of
in Item IV below. ICC has prepared (‘‘STEFC Contracts’’) currently cleared
Trading and Markets, pursuant to delegated summaries, set forth in sections (A), (B), by ICC and governed by Subchapter 26H
authority.8 and (C) below, of the most significant of the ICC Rules. Accordingly, the
aspects of these statements. proposed rules found in Subchapter
Brent J. Fields,
Secretary. (A) Self-Regulatory Organization’s 26N largely mirror the ICC Rules for
[FR Doc. 2016–29293 Filed 12–6–16; 8:45 am] Statement of the Purpose of, and STEFC Contracts in Subchapter 26H,
Statutory Basis for, the Proposed Rule with certain modifications that reflect
BILLING CODE 8011–01–P
Change differences in terms and market
conventions between those contracts
The purpose of the proposed rule
and STAFC Contracts. STAFC Contracts
SECURITIES AND EXCHANGE change is to adopt rules that will
will be denominated in United States
COMMISSION provide the basis for ICC to clear
Dollars.
additional credit default swap contracts. ICC Rule 26N–102 (Definitions) sets
[Release No. 34–79439; File No. SR–ICC– Specifically, ICC proposes amending forth the definitions used for the STAFC
2016–014] Chapter 26 of the ICC Rules to add Contracts. The definitions are
Subchapters 26M and 26N to provide substantially the same as the definitions
Self-Regulatory Organizations; ICE for the clearance of STAC and STAFC found in Subchapter 26H of the ICC
Clear Credit LLC; Notice of Filing of Contracts, respectively. ICC believes the Rules, other than certain conforming
Proposed Rule Change To Provide for addition of these contracts will benefit changes. ICC Rules 26N–203
the Clearance of Additional Credit the market for credit default swaps by (Restriction on Activity), 26N–206
Default Swap Contracts providing market participants the (Notices Required of Participants with
benefits of clearing, including reduction respect to STAFC Contracts), 26N–303
December 1, 2016. in counterparty risk and safeguarding of (STAFC Contract Adjustments), 26N–
Pursuant to Section 19(b)(1) of the margin assets pursuant to clearing house 309 (Acceptance of STAFC Contracts by
rules. Clearing of the additional STAC ICE Clear Credit), 26N–315 (Terms of
Securities Exchange Act of 1934
and STAFC Contracts will not require the Cleared STAFC Contract), 26N–316
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
any changes to ICC’s Risk Management (Relevant Physical Settlement Matrix
notice is hereby given that on November Framework or other policies and
18, 2016, ICE Clear Credit LLC (‘‘ICC’’) Updates), 26N–502 (Specified Actions),
procedures constituting rules within the and 26N–616 (Contract Modification)
filed with the Securities and Exchange meaning of the Securities Exchange Act reflect or incorporate the basic contract
Commission (‘‘Commission’’) the of 1934 (‘‘Act’’). specifications for STAFC Contracts and
proposed rule change as described in STAC Contracts have similar terms to are substantially the same as under
Items I, II, and III below, which Items the Standard European Corporate Single Subchapter 26H of the ICC Rules.
have been prepared primarily by ICC. Name CDS contracts (‘‘STEC Contracts’’) Section 17A(b)(3)(F) of the Act 3
The Commission is publishing this currently cleared by ICC and governed requires, among other things, that the
notice to solicit comments on the by Subchapter 26G of the ICC Rules. rules of a clearing agency be designed to
proposed rule change from interested Accordingly, the proposed rules found promote the prompt and accurate
persons. in Subchapter 26M largely mirror the clearance and settlement of securities
ICC Rules for STEC Contracts in transactions and, to the extent
I. Self-Regulatory Organization’s Subchapter 26G, with certain applicable, derivative agreements,
Statement of the Terms of Substance of modifications that reflect differences in contracts, and transactions and to
the Proposed Rule Change terms and market conventions between comply with the provisions of the Act
The principal purpose of the those contracts and STAC Contracts. and the rules and regulations
proposed rule change is to revise the STAC Contracts will be denominated in thereunder. The STAC and STAFC
United States Dollars. Contracts proposed for clearing are
ICC Rulebook (the ‘‘Rules’’) to provide
ICC Rule 26M–102 (Definitions) sets similar to the STEC and STEFC
for the clearance of Standard Australian
forth the definitions used for the STAC Contracts currently cleared by ICC, and
Corporate Single Name CDS contracts Contracts. The definitions are will be cleared pursuant to ICC’s
(collectively, ‘‘STAC Contracts’’) and substantially the same as the definitions existing clearing arrangements and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Standard Australian Financial Corporate found in Subchapter 26G of the ICC related financial safeguards, protections
Single Name CDS contracts Rules, other than certain conforming and risk management procedures.
(collectively, ‘‘STAFC Contracts’’). changes. ICC Rules 26M–203 Clearing of the STAC and STAFC
(Restriction on Activity), 26M–206 Contracts will allow market participants
(Notices Required of Participants with an increased ability to manage risk and
8 17 CFR 200.30–3(a)(83). respect to STAC Contracts), 26M–303 ensure the safeguarding of margin assets
1 15 U.S.C. 78s(b)(1). (STAC Contract Adjustments), 26M–309
2 17 CFR 240.19b–4. (Acceptance of STAC Contracts by ICE 3 15 U.S.C. 78q–1(b)(3)(F).
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![88292 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices
pursuant to clearing house rules. ICC these procedures allow for it to take Paper Comments
believes that acceptance of the STAC timely action to contain losses and
and STAFC Contracts, on the terms and liquidity pressures and to continue Send paper comments in triplicate to
conditions set out in the Rules, is meeting its obligations in the event of Secretary, Securities and Exchange
consistent with the prompt and accurate clearing member insolvencies or Commission, 100 F Street NE.,
clearance of and settlement of securities defaults in respect of the additional Washington, DC 20549–1090.
transactions and derivative agreements, single names, in accordance with Rule All submissions should refer to File
contracts and transactions cleared by 17Ad–22(d)(11).11
Number SR–ICC–2016–014. This file
ICC, the safeguarding of securities and
(B) Self-Regulatory Organization’s number should be included on the
funds in the custody or control of ICC,
Statement on Burden on Competition subject line if email is used. To help the
and the protection of investors and the
public interest, within the meaning of The STAC and STAFC Contracts will Commission process and review your
Section 17A(b)(3)(F) of the Act.4 be available to all ICC participants for comments more efficiently, please use
Clearing of the STAC and STAFC clearing. The clearing of these STAC only one method. The Commission will
Contracts will also satisfy the and STAFC Contracts by ICC does not post all comments on the Commission’s
requirements of Rule 17Ad–22.5 In preclude the offering of the STAC and Internet Web site (http://www.sec.gov/
particular, in terms of financial STAFC Contracts for clearing by other rules/sro.shtml). Copies of the
resources, ICC will apply its existing market participants. Accordingly, ICC submission, all subsequent
initial margin methodology to the does not believe that clearance of the amendments, all written statements
additional contracts. ICC believes that STAC and STAFC Contracts will impose with respect to the proposed rule
this model will provide sufficient initial any burden on competition not change that are filed with the
margin requirements to cover its credit necessary or appropriate in furtherance Commission, and all written
exposure to its clearing members from of the purposes of the Act. communications relating to the
clearing such contracts, consistent with (C) Self-Regulatory Organization’s proposed rule change between the
the requirements of Rule 17Ad– Statement on Comments on the Commission and any person, other than
22(b)(2).6 In addition, ICC believes its Proposed Rule Change Received From those that may be withheld from the
Guaranty Fund, under its existing Members, Participants or Others public in accordance with the
methodology, will, together with the provisions of 5 U.S.C. 552, will be
Written comments relating to the
required initial margin, provide available for Web site viewing and
proposed rule change have not been
sufficient financial resources to support printing in the Commission’s Public
solicited or received. ICC will notify the
the clearing of the additional contracts Reference Room, 100 F Street NE.,
Commission of any written comments
consistent with the requirements of Rule
received by ICC. Washington, DC 20549, on official
17Ad–22(b)(3).7 ICC also believes that
III. Date of Effectiveness of the business days between the hours of
its existing operational and managerial
resources will be sufficient for clearing Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of such
of the additional contracts, consistent Commission Action filings will also be available for
with the requirements of Rule 17Ad– inspection and copying at the principal
Within 45 days of the date of office of ICE Clear Credit and on ICE
22(d)(4),8 as the new contracts are publication of this notice in the Federal
substantially the same from an Clear Credit’s Web site at https://
Register or within such longer period
operational perspective as existing www.theice.com/clear-credit/regulation.
up to 90 days (i) as the Commission may
contracts. Similarly, ICC will use its designate if it finds such longer period All comments received will be posted
existing settlement procedures and to be appropriate and publishes its without change; the Commission does
account structures for the new contracts, reasons for so finding or (ii) as to which not edit personal identifying
consistent with the requirements of Rule the self-regulatory organization information from submissions. You
17Ad–22(d)(5), (12) and (15) 9 as to the consents, the Commission will: should submit only information that
finality and accuracy of its daily (A) By order approve or disapprove you wish to make available publicly. All
settlement process and avoidance of the the proposed rule change or submissions should refer to File
risk to ICC of settlement failures. ICC (B) institute proceedings to determine Number SR–ICC–2016–014 and should
determined to accept the STAC and whether the proposed rule change be submitted on or before December 28,
STAFC Contracts for clearing in should be disapproved. 2016.
accordance with its governance process,
IV. Solicitation of Comments For the Commission, by the Division of
which included review of the contracts
and related risk management Interested persons are invited to Trading and Markets, pursuant to delegated
considerations by the ICC Risk submit written data, views, and authority.12
Committee and approval by its Board. arguments concerning the foregoing, Brent J. Fields,
These governance arrangements are including whether the proposed rule Secretary.
consistent with the requirements of Rule change is consistent with the Act.
[FR Doc. 2016–29285 Filed 12–6–16; 8:45 am]
17Ad–22(d)(8).10 Finally, ICC will apply Comments may be submitted by any of
BILLING CODE 8011–01–P
its existing default management policies the following methods:
and procedures for the STAC and Electronic Comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES
STAFC Contracts. ICC believes that
• Use the Commission’s Internet
4 15 U.S.C. 78q–1(b)(3)(F).
comment form (http://www.sec.gov/
5 17 CFR 240.17Ad–22. rules/sro.shtml); or
6 17 CFR 240.17Ad–22(b)(2). • Send an email to rule-comments@
7 17 CFR 240.17Ad–22(b)(3). sec.gov. Please include File Number SR–
8 17 CFR 240.17Ad–22(d)(4). ICC–2016–014 on the subject line.
9 17 CFR 240.17Ad–22(d)(5), (12) and (15).
10 17 CFR 240.17Ad–22(d)(8). 11 17 CFR 240.17Ad–22(d)(11). 12 17 CFR 200.30–3(a)(12).
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Document Created: 2016-12-07 05:31:30
Document Modified: 2016-12-07 05:31:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 81 FR 88291 |
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