82_FR_49258 82 FR 49055 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to Changes to the ICC Clearing Rules

82 FR 49055 - Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to Changes to the ICC Clearing Rules

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 203 (October 23, 2017)

Page Range49055-49057
FR Document2017-22887

Federal Register, Volume 82 Issue 203 (Monday, October 23, 2017)
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Notices]
[Pages 49055-49057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22887]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81892; File No. SR-ICC-2017-013]


Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of 
Filing and Order Granting Accelerated Approval of Proposed Rule Change 
Relating to Changes to the ICC Clearing Rules

October 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 \2\ notice is hereby given that on October 
11, 2017, ICE Clear Credit LLC (``ICC'' or ``ICE Clear Credit'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change described in Items I, II, and III below, which 
Items have been prepared primarily by ICC. The Commission is publishing 
this notice and order to solicit comments on the proposed rule change 
from interested persons and to approve the proposed rule changes on an 
accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The principal purpose of the proposed rule change is to implement 
certain amendments to the ICC Clearing Rules (the ``Rules'') relating 
to implementation of Venezuela sanctions.

II. Clearing Agency'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) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

(a) Purpose
    The purpose of the proposed changes is to modify certain provisions 
of the Rules applicable to cleared CDS contracts (or components 
thereof) for which the Bolivarian Republic of Venezuela is a reference 
entity, in light of the sanctions (the ``Venezuela Sanctions'') imposed 
by Executive Order 13808 of August 24, 2017

[[Page 49056]]

Imposing Additional Sanctions With Respect to the Situation in 
Venezuela \3\ (the ``Executive Order'') and related implementing 
actions by the U.S. Treasury Department Office of Foreign Asset Control 
(``OFAC'').
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    \3\ 82 FR 41155 (August 29, 2017).
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    The amendments will incorporate in the terms and conditions for 
such contracts the Additional Provisions for Certain Venezuelan 
Entities: Excluded Obligations and Excluded Deliverable Obligations 
published by the International Swaps and Derivatives Association, Inc. 
(``ISDA'') on September 19, 2017 (the ``Venezuela Additional 
Provisions''). Consistent with the approach expected to be taken 
throughout the cleared and uncleared CDS market, ICE Clear Credit will 
make the Venezuela Additional Provisions applicable to relevant CDS 
contracts cleared by ICE Clear Credit beginning on the industry-wide 
implementation date (currently expected to be on or around October 20, 
2017 (the ``Additional Provisions Effective Date'')).
    Among other provisions, the Executive Order prohibits transactions 
in or relating to certain bonds issued by the government of Venezuela, 
except to the extent permitted by a license issued by OFAC 
(``Restricted Debt''). The Venezuela Additional Provisions implement 
this prohibition by excluding Venezuela government bonds that are 
Restricted Debt from being ``Obligations'' or ``Deliverable 
Obligations'' under the terms of a CDS contract. As such, credit events 
with respect to such Restricted Debt could not be used to trigger 
credit protection under a CDS contract, and such Restricted Debt could 
not be used in settlement of a CDS contract. Pursuant to the terms of 
the Venezuela Additional Provisions, these limitations would cease to 
apply upon the lifting of sanctions under the Executive Order.
    ICE Clear Credit understands, through discussions with market 
participants, that market participants generally are expected to adhere 
to a protocol implementing the Venezuela Additional Provisions for 
existing contracts in the uncleared CDS market, effective as of the 
Additional Provisions Effective Date. In an effort to maintain 
consistency across the CDS market, ICE Clear Credit plans to implement 
the amendments discussed herein as of the same time.
    ICE Clear Credit is amending its Rules to incorporate the Venezuela 
Additional Provisions into existing Contracts. ICE Clear Credit is 
amending Rule 26C-316, which applies to CDX.EM Contracts, an index CDS 
contract for which Venezuela may be an index component. New subsection 
(e) provides that all open positions in CDX.EM Contracts that have a 
component transaction in which Venezuela is a reference entity will be 
amended, effective as of the Additional Provisions Effective Date, such 
that the Venezuela Additional Provisions apply. For clarity, the 
amendment also updates the transaction terms to reference the updated 
September 2017 ISDA Credit Derivatives Physical Settlement Matrix that 
takes into account the Venezuela Additional Provisions.
    Similarly, ICE Clear Credit is amending Rule 26D-616, which applies 
to emerging market sovereign single-name CDS contracts. New subsection 
(c) provides that a sovereign single-name CDS contract referencing 
Venezuela will be amended, effective as of the Additional Provisions 
Effective Date, such that the Venezuela Additional Provisions apply. 
For clarity, the amendment also updates the transaction terms to 
reference the updated September 2017 ISDA Credit Derivatives Physical 
Settlement Matrix that takes into account the Venezuela Additional 
Provisions.
(b) Statutory Basis
    ICE Clear Credit believes that the proposed amendments are 
consistent with the requirements of Section 17A of the Act \4\ and the 
regulations thereunder applicable to it, including the standards under 
Rule 17Ad-22.\5\ Section 17A(b)(3)(F) of the Act \6\ 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, the safeguarding of securities and funds 
in the custody or control of the clearing agency or for which it is 
responsible, and the protection of investors and the public interest. 
Consistent with this Section, the amendments revise the terms of 
single-name and index CDS contracts referencing Venezuela in order to 
implement the Venezuela Additional Provisions and comply with the 
relevant restrictions in the Executive Order. In ICE Clear Credit's 
view, the amendments will therefore facilitate its ability to continue 
prompt and accurate clearing of such contracts, consistent with 
applicable law and the public interest as set out in the Executive 
Order.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
    \5\ 17 CFR 240.17Ad-22.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Moreover, the amendments are consistent with Rule 17Ad-22(d)(1), 
\7\ which requires that each covered clearing agency establish, 
implement, maintain and enforce written policies and procedures 
reasonably designed to provide for a well-founded, clear, transparent, 
and enforceable legal basis for each aspect of its activities in all 
relevant jurisdictions. As discussed herein, the amendments are 
designed to facilitate compliance by ICE Clear Credit and its clearing 
participants with the Venezuela Sanctions imposed by the Executive 
Order, by permitting clearing to continue in accordance with the 
restrictions on Restricted Debt imposed by the Executive Order.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22(d)(1).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Credit does not believe the proposed amendments would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purposes of the Act. The changes will 
apply to all clearing participants and other market participants. The 
changes are being proposed in order to comply with the Executive Order 
and are being made in conjunction with an industry-wide effort to amend 
relevant CDS contract terms. ICE Clear Credit does not believe the 
amendments will impact competition among clearing members or other 
market participants, affect the ability of market participants to 
access clearing generally, or affect the cost of clearing. ICE Clear 
Credit further believes that any impact on clearing results from the 
restrictions imposed under the Executive Order, and is necessary and 
appropriate to ensure compliance with those restrictions.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change

    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. Solicitation of Comments

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

[[Page 49057]]

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-2017-013 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-2017-013. 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, security-
based swap submission, or advance notice that are filed with the 
Commission, and all written communications relating to the proposed 
rule change, security-based swap submission, or advance notice 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-2017-013 
and should be submitted on or before November 13, 2017.

IV. Commission's Findings and Order Granting Accelerated Approval of 
the Proposed Rule Change

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and the rules and regulations thereunder applicable to such 
organization.\8\ Section 17A(b)(3)(F) of the Act \9\ requires, among 
other things, that the rules of a registered 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, to assure the safeguarding of 
securities and funds which are in the custody or control of the 
clearing agency or for which it is responsible, and, in general, to 
protect investors and the public interest. Rule 17Ad-22(d)(1) \10\ 
requires a registered clearing agency that is not a covered clearing 
agency to establish, implement, maintain, and enforce written policies 
and procedures reasonably designed to provide for a well-founded, 
transparent, and enforceable legal framework for each aspect of its 
activities in all relevant jurisdictions.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2)(C).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(d)(1).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent 
with Section 17A of the Act and the relevant rules thereunder.\11\ As 
described above, the proposed rule change is designed to amend ICC's 
Rules in order to take into account the Venezuela Sanctions by 
incorporating the Venezuela Additional Provisions. As a result of the 
proposed rule changes, credit events involving such bonds will not be 
permitted to trigger credit protection in connection with a CDS 
contract, nor may such bonds be used to settle a CDS contract. 
Consequently, the proposed rule changes are in the public interest 
because they ensure that ICC will be able to continue to promptly and 
accurately clear single-name and index CDS contracts referencing the 
Bolivarian Republic of Venezuela in a manner that comports with the 
Venezuela Sanctions. Therefore, the Commission finds that the proposed 
rule changes are consistent with the requirements of Section 
17A(b)(3)(F) of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    In addition, by amending its Rules to account for the Venezuela 
Sanctions described above, the Commission believes ICC's Rules will 
appropriately establish an enforceable legal framework with respect to 
the clearance of single-name and index CDS contracts referencing the 
Bolivarian Republic of Venezuela, and that such framework is 
transparent as ICC's Clearing Members, as well as other industry 
participants generally, are aware of such sanctions and restrictions on 
the relevant contracts. Therefore, the Commission finds that the 
proposed rule change is consistent with the requirements of Rule 17Ad-
22(d)(1).
    In its filing, ICC requested that the Commission grant accelerated 
approval of the proposed rule change pursuant to Section 19(b)(2) of 
the Act. Under Section 19(b)(2)(C)(iii) of the Act,\12\ the Commission 
may grant accelerated approval of a proposed rule change if the 
Commission finds good cause for doing so. ICC believes that accelerated 
approval is warranted because the proposed rule change is designed to 
ensure that ICC can continue to clear single-name and index CDS 
referencing the Bolivarian Republic of Venezuela consistent with the 
terms of the Venezuela Sanctions, thereby promoting the maintenance of 
fair and orderly markets in such CDS contracts.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(C)(iii).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 
19(b)(2)(C)(iii) of the Act, for approving the proposed rule change on 
an accelerated basis, prior to the 30th day after the date of 
publication in the Federal Register because the proposed rule change is 
intended to comply with the requirements set forth in an Executive 
Order binding on ICC. Moreover, the proposed rule change must be in 
place prior to the 30th day after the date of publication in the 
Federal Register in order to meet the timing of the industry-wide 
implementation of uniform terms to comply with the Executive Order.

V. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the Requirements of the Act and the 
relevant rules thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\13\ that the proposed rule change (File No. SR-ICC-2017-013) be, 
and hereby is, approved on an accelerated basis.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22887 Filed 10-20-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices                                           49055

                                               organization has given the Commission                   Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                               written notice of its intent to file the                the following methods:                                COMMISSION
                                               proposed rule change at least five
                                                                                                       Electronic Comments                                   [Release No. 34–81892; File No. SR–ICC–
                                               business days prior to the date of filing                                                                     2017–013]
                                               of the proposed rule change or such                       • Use the Commission’s Internet
                                               shorter time as designated by the                       comment form (http://www.sec.gov/                     Self-Regulatory Organizations; ICE
                                               Commission,13 the proposed rule                         rules/sro.shtml); or                                  Clear Credit LLC; Notice of Filing and
                                               change has become effective pursuant to                                                                       Order Granting Accelerated Approval
                                               Section 19(b)(3)(A) of the Act 14 and                     • Send an email to rule-comments@
                                                                                                       sec.gov. Please include File Number SR–               of Proposed Rule Change Relating to
                                               Rule 19b–4(f)(6) thereunder.15                                                                                Changes to the ICC Clearing Rules
                                                                                                       IEX–2017–33 on the subject line.
                                                  A proposed rule change filed under
                                                                                                       Paper Comments                                        October 17, 2017.
                                               Rule 19b–4(f)(6) 16 normally does not
                                               become operative prior to 30 days after                                                                          Pursuant to Section 19(b)(1) of the
                                               the date of the filing. However, pursuant                 • Send paper comments in triplicate                 Securities Exchange Act of 1934
                                               to Rule 19b4(f)(6)(iii),17 the Commission               to Brent J. Fields, Secretary, Securities             (‘‘Act’’) 1 and Rule 19b–4 2 notice is
                                               may designate a shorter time if such                    and Exchange Commission, 100 F Street                 hereby given that on October 11, 2017,
                                               action is consistent with the protection                NE., Washington, DC 20549–1090.                       ICE Clear Credit LLC (‘‘ICC’’ or ‘‘ICE
                                               of investors and the public interest. The                                                                     Clear Credit’’) filed with the Securities
                                                                                                       All submissions should refer to File                  and Exchange Commission
                                               Exchange has asked the Commission to                    Number SR–IEX–2017–33. This file                      (‘‘Commission’’) the proposed rule
                                               waive the 30-day operative delay so that                number should be included in the                      change described in Items I, II, and III
                                               the proposal may become operative                       subject line if email is used. To help the            below, which Items have been prepared
                                               immediately upon filing. The                            Commission process and review your                    primarily by ICC. The Commission is
                                               Commission notes that the proposed                      comments more efficiently, please use                 publishing this notice and order to
                                               rule change does not present any new,                   only one method. The Commission will                  solicit comments on the proposed rule
                                               unique or substantive issues, but rather                post all comments on the Commission’s                 change from interested persons and to
                                               is merely updating references to away                   Internet Web site (http://www.sec.gov/                approve the proposed rule changes on
                                               markets in two of the Exchange’s rules                  rules/sro.shtml). Copies of the                       an accelerated basis.
                                               and that waiver of the 30-day operative                 submission, all subsequent
                                               delay will help prevent potential                       amendments, all written statements                    I. Clearing Agency’s Statement of the
                                               confusion to market participants.                       with respect to the proposed rule                     Terms of Substance of the Proposed
                                               Therefore, the Commission believes that                 change that are filed with the                        Rule Change
                                               waiving the 30-day operative delay is                   Commission, and all written                              The principal purpose of the
                                               consistent with the protection of                       communications relating to the                        proposed rule change is to implement
                                               investors and the public interest and                   proposed rule change between the                      certain amendments to the ICC Clearing
                                               designates the proposed rule change as                  Commission and any person, other than                 Rules (the ‘‘Rules’’) relating to
                                               operative upon filing.18                                those that may be withheld from the                   implementation of Venezuela sanctions.
                                                  At any time within 60 days of the                    public in accordance with the
                                                                                                                                                             II. Clearing Agency’s Statement of the
                                               filing of the proposed rule change, the                 provisions of 5 U.S.C. 552, will be
                                                                                                                                                             Purpose of, and Statutory Basis for, the
                                               Commission summarily may                                available for Web site viewing and                    Proposed Rule Change
                                               temporarily suspend such rule change if                 printing in the Commission’s Public
                                               it appears to the Commission that such                  Reference Room, 100 F Street NE.,                        In its filing with the Commission, ICC
                                               action is necessary or appropriate in the               Washington, DC 20549 on official                      included statements concerning the
                                               public interest, for the protection of                  business days between the hours of                    purpose of and basis for the proposed
                                               investors, or otherwise in furtherance of               10:00 a.m. and 3:00 p.m. Copies of the                rule change and discussed any
                                               the purposes of the Act. If the                         filing will also be available for                     comments it received on the proposed
                                               Commission takes such action, the                       inspection and copying at the IEX’s                   rule change. The text of these statements
                                               Commission shall institute proceedings                  principal office and on its Internet Web              may be examined at the places specified
                                               under Section 19(b)(2)(B) 19 of the Act to              site at www.iextrading.com. All                       in Item IV below. ICC has prepared
                                               determine whether the proposed rule                     comments received will be posted                      summaries, set forth in sections (A), (B),
                                               change should be approved or                            without change; the Commission does                   and (C) below, of the most significant
                                               disapproved.                                            not edit personal identifying                         aspects of these statements.
                                               IV. Solicitation of Comments                            information from submissions. You                     (A) Clearing Agency’s Statement of the
                                                                                                       should submit only information that                   Purpose of, and Statutory Basis for, the
                                                 Interested persons are invited to                     you wish to make available publicly. All              Proposed Rule Change
                                               submit written data, views and                          submissions should refer to File
                                               arguments concerning the foregoing,                     Number SR–IEX–2017–33 and should                      (a) Purpose
                                               including whether the proposed rule                     be submitted on or before November 13,                   The purpose of the proposed changes
                                               change is consistent with the Act.                      2017.                                                 is to modify certain provisions of the
                                                                                                         For the Commission, by the Division of              Rules applicable to cleared CDS
                                                 13 The Exchange has fulfilled this requirement.       Trading and Markets, pursuant to delegated            contracts (or components thereof) for
                                                 14 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                             which the Bolivarian Republic of
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                       authority.20
                                                 15 17 CFR 240.19b–4(f)(6).
                                                                                                       Eduardo A. Aleman,                                    Venezuela is a reference entity, in light
                                                 16 Id.
                                                                                                                                                             of the sanctions (the ‘‘Venezuela
                                                 17 17 CFR 240.19b–4(f)(6)(iii).                       Assistant Secretary.
                                                 18 For purposes only of waiving the 30-day
                                                                                                                                                             Sanctions’’) imposed by Executive
                                                                                                       [FR Doc. 2017–22884 Filed 10–20–17; 8:45 am]
                                               operative delay, the Commission has considered the                                                            Order 13808 of August 24, 2017
                                                                                                       BILLING CODE 8011–01–P
                                               proposed rule’s impact on efficiency, competition,
                                               and capital formation. See 15 U.S.C. 78c(f).                                                                    1 15   U.S.C. 78s(b)(1).
                                                 19 15 U.S.C. 78s(b)(2)(B).                              20 17   CFR 200.30–3(a)(12).                          2 17   CFR 240.19b–4.



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                                               49056                          Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices

                                               Imposing Additional Sanctions With                        may be an index component. New                           Moreover, the amendments are
                                               Respect to the Situation in Venezuela 3                   subsection (e) provides that all open                 consistent with Rule 17Ad–22(d)(1), 7
                                               (the ‘‘Executive Order’’) and related                     positions in CDX.EM Contracts that                    which requires that each covered
                                               implementing actions by the U.S.                          have a component transaction in which                 clearing agency establish, implement,
                                               Treasury Department Office of Foreign                     Venezuela is a reference entity will be               maintain and enforce written policies
                                               Asset Control (‘‘OFAC’’).                                 amended, effective as of the Additional               and procedures reasonably designed to
                                                  The amendments will incorporate in                     Provisions Effective Date, such that the              provide for a well-founded, clear,
                                               the terms and conditions for such                         Venezuela Additional Provisions apply.                transparent, and enforceable legal basis
                                               contracts the Additional Provisions for                   For clarity, the amendment also updates               for each aspect of its activities in all
                                               Certain Venezuelan Entities: Excluded                     the transaction terms to reference the                relevant jurisdictions. As discussed
                                               Obligations and Excluded Deliverable                      updated September 2017 ISDA Credit                    herein, the amendments are designed to
                                               Obligations published by the                              Derivatives Physical Settlement Matrix                facilitate compliance by ICE Clear Credit
                                               International Swaps and Derivatives                       that takes into account the Venezuela                 and its clearing participants with the
                                               Association, Inc. (‘‘ISDA’’) on                           Additional Provisions.                                Venezuela Sanctions imposed by the
                                               September 19, 2017 (the ‘‘Venezuela                                                                             Executive Order, by permitting clearing
                                               Additional Provisions’’). Consistent                        Similarly, ICE Clear Credit is
                                                                                                         amending Rule 26D–616, which applies                  to continue in accordance with the
                                               with the approach expected to be taken                                                                          restrictions on Restricted Debt imposed
                                               throughout the cleared and uncleared                      to emerging market sovereign single-
                                                                                                         name CDS contracts. New subsection (c)                by the Executive Order.
                                               CDS market, ICE Clear Credit will make
                                               the Venezuela Additional Provisions                       provides that a sovereign single-name                 (B) Clearing Agency’s Statement on
                                               applicable to relevant CDS contracts                      CDS contract referencing Venezuela will               Burden on Competition
                                               cleared by ICE Clear Credit beginning on                  be amended, effective as of the
                                               the industry-wide implementation date                     Additional Provisions Effective Date,                   ICE Clear Credit does not believe the
                                               (currently expected to be on or around                    such that the Venezuela Additional                    proposed amendments would have any
                                               October 20, 2017 (the ‘‘Additional                        Provisions apply. For clarity, the                    impact, or impose any burden, on
                                               Provisions Effective Date’’)).                            amendment also updates the transaction                competition not necessary or
                                                  Among other provisions, the                            terms to reference the updated                        appropriate in furtherance of the
                                               Executive Order prohibits transactions                    September 2017 ISDA Credit Derivatives                purposes of the Act. The changes will
                                               in or relating to certain bonds issued by                 Physical Settlement Matrix that takes                 apply to all clearing participants and
                                               the government of Venezuela, except to                    into account the Venezuela Additional                 other market participants. The changes
                                               the extent permitted by a license issued                  Provisions.                                           are being proposed in order to comply
                                               by OFAC (‘‘Restricted Debt’’). The                                                                              with the Executive Order and are being
                                               Venezuela Additional Provisions                           (b) Statutory Basis                                   made in conjunction with an industry-
                                               implement this prohibition by                                                                                   wide effort to amend relevant CDS
                                                                                                           ICE Clear Credit believes that the
                                               excluding Venezuela government bonds                                                                            contract terms. ICE Clear Credit does not
                                                                                                         proposed amendments are consistent
                                               that are Restricted Debt from being                                                                             believe the amendments will impact
                                                                                                         with the requirements of Section 17A of
                                               ‘‘Obligations’’ or ‘‘Deliverable                                                                                competition among clearing members or
                                                                                                         the Act 4 and the regulations thereunder
                                               Obligations’’ under the terms of a CDS                                                                          other market participants, affect the
                                               contract. As such, credit events with                     applicable to it, including the standards
                                                                                                                                                               ability of market participants to access
                                               respect to such Restricted Debt could                     under Rule 17Ad–22.5 Section                          clearing generally, or affect the cost of
                                               not be used to trigger credit protection                  17A(b)(3)(F) of the Act 6 requires, among             clearing. ICE Clear Credit further
                                               under a CDS contract, and such                            other things, that the rules of a clearing            believes that any impact on clearing
                                               Restricted Debt could not be used in                      agency be designed to promote the                     results from the restrictions imposed
                                               settlement of a CDS contract. Pursuant                    prompt and accurate clearance and                     under the Executive Order, and is
                                               to the terms of the Venezuela Additional                  settlement of securities transactions                 necessary and appropriate to ensure
                                               Provisions, these limitations would                       and, to the extent applicable, derivative             compliance with those restrictions.
                                               cease to apply upon the lifting of                        agreements, contracts, and transactions,
                                               sanctions under the Executive Order.                      the safeguarding of securities and funds              (C) Clearing Agency’s Statement on
                                                  ICE Clear Credit understands, through                  in the custody or control of the clearing             Comments on the Proposed Rule
                                               discussions with market participants,                     agency or for which it is responsible,                Change
                                               that market participants generally are                    and the protection of investors and the
                                                                                                         public interest. Consistent with this                   Written comments relating to the
                                               expected to adhere to a protocol
                                                                                                         Section, the amendments revise the                    proposed rule change have not been
                                               implementing the Venezuela Additional
                                                                                                         terms of single-name and index CDS                    solicited or received. ICC will notify the
                                               Provisions for existing contracts in the
                                                                                                         contracts referencing Venezuela in order              Commission of any written comments
                                               uncleared CDS market, effective as of
                                                                                                         to implement the Venezuela Additional                 received by ICC.
                                               the Additional Provisions Effective
                                               Date. In an effort to maintain                            Provisions and comply with the relevant               III. Solicitation of Comments
                                               consistency across the CDS market, ICE                    restrictions in the Executive Order. In
                                               Clear Credit plans to implement the                       ICE Clear Credit’s view, the                            Interested persons are invited to
                                               amendments discussed herein as of the                     amendments will therefore facilitate its              submit written data, views, and
                                               same time.                                                ability to continue prompt and accurate               arguments concerning the foregoing,
                                                  ICE Clear Credit is amending its Rules                 clearing of such contracts, consistent                including whether the proposed rule
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                                               to incorporate the Venezuela Additional                   with applicable law and the public                    change, security-based swap
                                               Provisions into existing Contracts. ICE                   interest as set out in the Executive                  submission, or advance notice is
                                               Clear Credit is amending Rule 26C–316,                    Order.                                                consistent with the Act. Comments may
                                               which applies to CDX.EM Contracts, an                                                                           be submitted by any of the following
                                               index CDS contract for which Venezuela                      4 15 U.S.C. 78q–1.                                  methods:
                                                                                                           5 17 CFR 240.17Ad–22.
                                                 3 82   FR 41155 (August 29, 2017).                        6 15 U.S.C. 78q–1(b)(3)(F).                           7 17   CFR 240.17Ad–22(d)(1).



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                                                                            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Notices                                                   49057

                                               Electronic Comments                                     applicable to such organization.8                     consistent with the requirements of Rule
                                                 • Use the Commission’s Internet                       Section 17A(b)(3)(F) of the Act 9                     17Ad–22(d)(1).
                                               comment form (http://www.sec.gov/                       requires, among other things, that the                  In its filing, ICC requested that the
                                               rules/sro.shtml); or                                    rules of a registered clearing agency be              Commission grant accelerated approval
                                                 • Send an email to rule-comments@                     designed to promote the prompt and
                                                                                                                                                             of the proposed rule change pursuant to
                                               sec.gov. Please include File Number SR–                 accurate clearance and settlement of
                                                                                                                                                             Section 19(b)(2) of the Act. Under
                                               ICC–2017–013 on the subject line.                       securities transactions and, to the extent
                                                                                                       applicable, derivative agreements,                    Section 19(b)(2)(C)(iii) of the Act,12 the
                                               Paper Comments                                          contracts, and transactions, to assure the            Commission may grant accelerated
                                                                                                       safeguarding of securities and funds                  approval of a proposed rule change if
                                                  Send paper comments in triplicate to                                                                       the Commission finds good cause for
                                               Secretary, Securities and Exchange                      which are in the custody or control of
                                                                                                       the clearing agency or for which it is                doing so. ICC believes that accelerated
                                               Commission, 100 F Street NE.,
                                                                                                       responsible, and, in general, to protect              approval is warranted because the
                                               Washington, DC 20549–1090.
                                                                                                       investors and the public interest. Rule               proposed rule change is designed to
                                               All submissions should refer to File                                                                          ensure that ICC can continue to clear
                                                                                                       17Ad–22(d)(1) 10 requires a registered
                                               Number SR–ICC–2017–013. This file
                                                                                                       clearing agency that is not a covered                 single-name and index CDS referencing
                                               number should be included on the
                                                                                                       clearing agency to establish, implement,              the Bolivarian Republic of Venezuela
                                               subject line if email is used. To help the
                                                                                                       maintain, and enforce written policies                consistent with the terms of the
                                               Commission process and review your
                                                                                                       and procedures reasonably designed to                 Venezuela Sanctions, thereby promoting
                                               comments more efficiently, please use
                                                                                                       provide for a well-founded, transparent,              the maintenance of fair and orderly
                                               only one method. The Commission will                    and enforceable legal framework for
                                               post all comments on the Commission’s                                                                         markets in such CDS contracts.
                                                                                                       each aspect of its activities in all
                                               Internet Web site (http://www.sec.gov/                  relevant jurisdictions.                                 The Commission finds good cause,
                                               rules/sro.shtml). Copies of the                            The Commission finds that the                      pursuant to Section 19(b)(2)(C)(iii) of
                                               submission, all subsequent                              proposed rule change is consistent with               the Act, for approving the proposed rule
                                               amendments, all written statements                      Section 17A of the Act and the relevant               change on an accelerated basis, prior to
                                               with respect to the proposed rule                       rules thereunder.11 As described above,               the 30th day after the date of
                                               change, security-based swap                             the proposed rule change is designed to               publication in the Federal Register
                                               submission, or advance notice that are                  amend ICC’s Rules in order to take into               because the proposed rule change is
                                               filed with the Commission, and all                      account the Venezuela Sanctions by                    intended to comply with the
                                               written communications relating to the                  incorporating the Venezuela Additional                requirements set forth in an Executive
                                               proposed rule change, security-based                    Provisions. As a result of the proposed               Order binding on ICC. Moreover, the
                                               swap submission, or advance notice                      rule changes, credit events involving                 proposed rule change must be in place
                                               between the Commission and any                          such bonds will not be permitted to                   prior to the 30th day after the date of
                                               person, other than those that may be                    trigger credit protection in connection               publication in the Federal Register in
                                               withheld from the public in accordance                  with a CDS contract, nor may such                     order to meet the timing of the industry-
                                               with the provisions of 5 U.S.C. 552, will               bonds be used to settle a CDS contract.
                                               be available for Web site viewing and                                                                         wide implementation of uniform terms
                                                                                                       Consequently, the proposed rule                       to comply with the Executive Order.
                                               printing in the Commission’s Public                     changes are in the public interest
                                               Reference Room, 100 F Street NE.,                       because they ensure that ICC will be                  V. Conclusion
                                               Washington, DC 20549, on official                       able to continue to promptly and
                                               business days between the hours of                      accurately clear single-name and index                  On the basis of the foregoing, the
                                               10:00 a.m. and 3:00 p.m. Copies of such                 CDS contracts referencing the Bolivarian              Commission finds that the proposal is
                                               filings will also be available for                      Republic of Venezuela in a manner that                consistent with the Requirements of the
                                               inspection and copying at the principal                 comports with the Venezuela Sanctions.                Act and the relevant rules thereunder.
                                               office of ICE Clear Credit and on ICE                   Therefore, the Commission finds that                    It is therefore ordered, pursuant to
                                               Clear Credit’s Web site at https://                     the proposed rule changes are consistent              Section 19(b)(2) of the Act,13 that the
                                               www.theice.com/clear-credit/regulation.                 with the requirements of Section                      proposed rule change (File No. SR–ICC–
                                                  All comments received will be posted                 17A(b)(3)(F) of the Act.                              2017–013) be, and hereby is, approved
                                               without change; the Commission does                        In addition, by amending its Rules to              on an accelerated basis.14
                                               not edit personal identifying                           account for the Venezuela Sanctions
                                               information from submissions. You                       described above, the Commission                         For the Commission, by the Division of
                                               should submit only information that                     believes ICC’s Rules will appropriately               Trading and Markets, pursuant to delegated
                                               you wish to make available publicly. All                establish an enforceable legal framework              authority.15
                                               submissions should refer to File                        with respect to the clearance of single-              Eduardo A. Aleman,
                                               Number SR–ICC–2017–013 and should                       name and index CDS contracts                          Assistant Secretary.
                                               be submitted on or before November 13,                  referencing the Bolivarian Republic of                [FR Doc. 2017–22887 Filed 10–20–17; 8:45 am]
                                               2017.                                                   Venezuela, and that such framework is                 BILLING CODE 8011–01–P
                                               IV. Commission’s Findings and Order                     transparent as ICC’s Clearing Members,
                                               Granting Accelerated Approval of the                    as well as other industry participants
                                               Proposed Rule Change                                    generally, are aware of such sanctions
                                                                                                       and restrictions on the relevant
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                                                 Section 19(b)(2)(C) of the Act directs                contracts. Therefore, the Commission                    12 15  U.S.C. 78s(b)(2)(C)(iii).
                                               the Commission to approve a proposed                    finds that the proposed rule change is                  13 15  U.S.C. 78s(b)(2).
                                               rule change of a self-regulatory                                                                                 14 In approving the proposed rule change, the
                                               organization if it finds that such                        8 15 U.S.C. 78s(b)(2)(C).                           Commission considered the proposal’s impact on
                                               proposed rule change is consistent with                   9 15 U.S.C. 78q–1(b)(3)(F).                         efficiency, competition and capital formation. 15
                                               the requirements of the Act and the                       10 17 CFR 240.17Ad–22(d)(1).                        U.S.C. 78c(f).
                                               rules and regulations thereunder                          11 15 U.S.C. 78q–1.                                    15 17 CFR 200.30–3(a)(12).




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Document Created: 2017-10-21 02:35:51
Document Modified: 2017-10-21 02:35:51
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 Citation82 FR 49055 

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