83_FR_35384 83 FR 35241 - Order Granting Exemption From Certain Provisions of the Commodity Exchange Act Regarding Investment of Customer Funds and From Certain Related Commission Regulations

83 FR 35241 - Order Granting Exemption From Certain Provisions of the Commodity Exchange Act Regarding Investment of Customer Funds and From Certain Related Commission Regulations

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35241-35246
FR Document2018-15860

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is issuing an order in response to a petition from ICE Clear Credit LLC, ICE Clear US, Inc., and ICE Clear Europe Limited (collectively, ``the ICE DCOs'' or ``the Petitioners'') seeking an exemption permitting the investment of futures and swap customer funds in certain categories of euro-denominated sovereign debt. The Commission is also granting exemptive relief to expand the universe of permissible counterparties and depositories that can be used in connection with these investments given the structure of the market for repurchase agreements in euro-denominated sovereign debt.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35241-35246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15860]


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COMMODITY FUTURES TRADING COMMISSION


Order Granting Exemption From Certain Provisions of the Commodity 
Exchange Act Regarding Investment of Customer Funds and From Certain 
Related Commission Regulations

AGENCY: Commodity Futures Trading Commission.

ACTION: Order.

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SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is issuing an order in response to a petition from ICE 
Clear Credit LLC, ICE Clear US, Inc., and ICE Clear Europe Limited 
(collectively, ``the ICE DCOs'' or ``the Petitioners'') seeking an 
exemption permitting the investment of futures and swap customer funds 
in certain categories of euro-denominated sovereign debt. The 
Commission is also granting exemptive relief to expand the universe of 
permissible counterparties and depositories that can be used in 
connection with these investments given the structure of the market for 
repurchase agreements in euro-denominated sovereign debt.

DATES: Applicable as of July 25, 2018.

FOR FURTHER INFORMATION CONTACT: Eileen A. Donovan, Deputy Director, 
(202) 418-5096, [email protected], Division of Clearing and Risk, or 
Lihong McPhail, Research Economist, (202) 418-5722, [email protected], 
Office of the Chief Economist, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; or 
Tad Polley, Associate Director, (312) 596-0551, [email protected], or 
Scott Sloan, Attorney-Advisor, (312) 596-0708, [email protected], 
Division of Clearing and Risk, Commodity Futures Trading Commission, 
525 West Monroe Street, Chicago, Illinois 60661.

SUPPLEMENTARY INFORMATION:

I. Background

    By petition dated June 22, 2017, the Petitioners, all registered 
derivatives clearing organizations (``DCOs''), requested an exemptive 
order under section 4(c) of the Commodity Exchange Act (``CEA'' or 
``Act'') permitting the ICE DCOs to invest futures and cleared swap 
customer funds in certain categories of euro-denominated sovereign 
debt. On December 15, 2017, the Commission published a proposed order 
that would grant the requested exemption (``Proposed Order'') and 
requested public comment on the Proposed Order.\1\
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    \1\ 82 FR 59586 (Dec. 15, 2017).
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    Section 4d of the Act \2\ and Commission Regulation 1.25(a) \3\ set 
out the permitted investments in which DCOs may invest customer 
funds.\4\ Section 4d limits investments of customer money to 
obligations of the United States (``U.S. Government Securities''), 
general obligations of any State or of any political subdivision 
thereof, and obligations fully guaranteed as to principal and interest 
by the United States.\5\ Regulation 1.25 expands the list of permitted 
investments but does not permit investment of customer funds in foreign 
sovereign debt.\6\
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    \2\ 7 U.S.C. 6d.
    \3\ 17 CFR 1.25(a) (2017).
    \4\ Although Regulation 1.25 by its terms applies only to 
futures customer funds, Regulation 22.3(d) requires that a DCO 
investing cleared swap customer funds comply with the requirements 
of Regulation 1.25.
    \5\ See 7 U.S.C. 6d(a)(2) (futures), (f)(4) (cleared swaps).
    \6\ Regulation 1.25 permits investment of customer funds in: (i) 
Obligations of the United States and obligations fully guaranteed as 
to principal and interest by the United States (U.S. government 
securities); (ii) General obligations of any State or of any 
political subdivision thereof (municipal securities); (iii) 
Obligations of any United States government corporation or 
enterprise sponsored by the United States government (U.S. agency 
obligations); (iv) Certificates of deposit issued by a bank 
(certificates of deposit) as defined in section 3(a)(6) of the 
Securities Exchange Act of 1934, or a domestic branch of a foreign 
bank that carries deposits insured by the Federal Deposit Insurance 
Corporation; (v) Commercial paper fully guaranteed as to principal 
and interest by the United States under the Temporary Liquidity 
Guarantee Program as administered by the Federal Deposit Insurance 
Corporation (commercial paper); (vi) Corporate notes or bonds fully 
guaranteed as to principal and interest by the United States under 
the Temporary Liquidity Guarantee Program as administered by the 
Federal Deposit Insurance Corporation (corporate notes or bonds); 
and (vii) Interests in money market mutual funds.
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    Regulation 1.25 previously included foreign sovereign debt as a 
permitted investment for customer funds.\7\ In 2011, the Commission 
removed this option from Regulation 1.25, but also acknowledged that 
the safety of sovereign debt issuances of one country may vary greatly 
from those of another, and stated that it was amenable to considering 
requests for section 4(c) exemptions from this restriction.\8\ 
Specifically, the Commission stated that it would consider permitting 
foreign sovereign debt investments (1) to the extent that the 
petitioner has balances in segregated accounts owed to customers or 
clearing member futures commission merchants in that country's currency 
and (2) to the extent that the sovereign debt serves to preserve 
principal and maintain liquidity of customer funds as

[[Page 35242]]

required for all other investments of customer funds under Regulation 
1.25.\9\
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    \7\ See 17 CFR 1.25(a) (2005).
    \8\ Investment of Customer Funds and Funds Held in an Account 
for Foreign Futures and Foreign Options Transactions, 76 FR 78776, 
78782 (Dec. 19, 2011).
    \9\ Id.
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    In connection with their proposal to invest customer funds in 
foreign sovereign debt, the ICE DCOs have also requested an exemption 
from Regulations 1.25(d)(2) and (7). Regulation 1.25(d)(2) limits the 
counterparties with which a DCO can enter into a repurchase agreement 
involving customer funds to a bank as defined in section 3(a)(6) of the 
Securities Exchange Act of 1934, a domestic branch of a foreign bank 
insured by the Federal Deposit Insurance Corporation, a securities 
broker or dealer, or a government securities broker or government 
securities dealer registered with the Securities and Exchange 
Commission or which has filed notice pursuant to section 15C(a) of the 
Government Securities Act of 1986. Regulation 1.25(d)(7) requires a DCO 
to hold the securities transferred to the DCO under a repurchase 
agreement in a safekeeping account with a bank as referred to in 
Regulation 1.25(d)(2), a Federal Reserve Bank, a DCO, or the Depository 
Trust Company in an account that complies with the requirements of 
Regulation 1.26.

II. The ICE DCOs' Petition

    The ICE DCOs request a limited exemption from section 4d of the Act 
and Commission Regulation 1.25(a) to invest euro-denominated customer 
funds in sovereign debt issued by the French Republic and the Federal 
Republic of Germany (``Designated Foreign Sovereign Debt'') through 
both direct investment and repurchase agreements.\10\ The Petitioners 
also request an exemption from Regulation 1.25(d)(2) that would permit 
them to enter into reverse repurchase agreements with certain foreign 
banks, certain regulated securities dealers, or the European Central 
Bank and the central banks of Germany and France.\11\ Lastly, the ICE 
DCOs request an exemption from Regulation 1.25(d)(7) that would permit 
them to hold the securities purchased through reverse repurchase 
agreements in a safekeeping account with a non-U.S. bank that qualifies 
as a depository under the requirements of Regulation 1.49.
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    \10\ A copy of the petition is available on the Commission's 
website at http://www.cftc.gov/idc/groups/public/@requestsandactions/documents/ifdocs/icedcos4cappl6-22-17.pdf.
    \11\ The ICE DCOs have indicated they may not currently be able 
to enter into repurchase agreements with these central banks.
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III. Section 4(c) Analysis

    In connection with the Proposed Order, the Commission preliminarily 
determined that granting the requested exemption would be consistent 
with Section 4(c) of the Act.\12\ After reviewing the comments received 
in response to the Proposed Order, all of which supported an exemption, 
the Commission has determined that the exemption detailed below 
satisfies the requirements of Section 4(c)(2) of the Act.\13\
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    \12\ Section 4(c)(1) of the Act empowers the Commission to 
promote responsible economic or financial innovation and fair 
competition by exempting any transaction or class of transactions 
(including any person or class of persons offering, entering into, 
rendering advice or rendering other services with respect to, the 
agreement, contract, or transaction), from any of the provisions of 
the Act, subject to exceptions not relevant here. 7 U.S.C. 6(c)(1).
    \13\ Section 4(c)(2) of the Act provides that the Commission may 
grant exemptions under Section 4(c)(1) only when it determines that 
the requirements for which an exemption is being provided should not 
be applied to the agreements, contracts, or transactions at issue; 
that the exemption is consistent with the public interest and the 
purposes of the Act; that the agreements, contracts, or transactions 
will be entered into solely between appropriate persons; and that 
the exemption will not have a material adverse effect on the ability 
of the Commission or any contract market or derivatives transaction 
execution facility to discharge its regulatory or self-regulatory 
responsibilities under the Act.
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    Specifically, the Commission has determined that the restriction on 
investments of customer funds by DCOs should not apply to Designated 
Foreign Sovereign Debt. As the Commission previously observed, the ICE 
DCOs demonstrated that the Designated Foreign Sovereign Debt has 
credit, liquidity, and volatility characteristics that are comparable 
to U.S. Government Securities, which are permitted investments under 
the Act and Regulation 1.25. For example, as evidence of the 
creditworthiness of France and Germany, the ICE DCOs provided data 
demonstrating that credit default swap spreads of France and Germany 
have historically been similar to those of the United States. To 
demonstrate the liquidity of the markets, the ICE DCOs pointed to, for 
example, the substantial amount of outstanding marketable French and 
German debt and the daily transaction value of the repo markets for 
their debt. And with respect to volatility, the ICE DCOs provided data 
on daily changes to sovereign debt yields demonstrating that the price 
stability of French and German debt is comparable to that of U.S. 
Government Securities.
    The Commission also observed that the ICE DCOs demonstrated that 
investing in the Designated Foreign Sovereign Debt poses less risk to 
customer funds than the current alternative of holding the funds at a 
commercial bank, on the basis that exposure to high-quality sovereign 
debt is preferable to facing the credit risk of commercial banks 
through unsecured bank demand deposit accounts. While investments 
through reverse repurchase agreements (as opposed to direct 
investments) still involve exposure to a commercial counterparty, a DCO 
would receive the additional benefit of receiving securities as 
collateral against that counterparty's credit risk. The ICE DCOs also 
represented that in the event a securities custodian enters insolvency 
proceedings, they would have a claim to specific securities rather than 
a general claim against the assets of the custodian.
    Further, the Commission has determined that the exemption is 
consistent with the public interest and the purposes of the Act, which 
include ensuring the financial integrity of transactions and avoiding 
systemic risk.\14\ As noted above, investing customer funds in 
Designated Foreign Sovereign Debt is often a prudent alternative to 
holding cash at a commercial bank from a risk management perspective, 
and granting the exemption thus serves to protect market participants 
and the public. For the same reasons, granting the exemption may 
enhance the financial integrity of the DCO and thereby help to avoid 
systemic risk.
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    \14\ See 7 U.S.C. 5(b).
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    Finally, the Commission has determined that granting an exemption 
allowing investment of customer funds in instruments with risk 
characteristics comparable to currently permitted investments does not 
have a material adverse effect on the ability of the Commission or any 
contract market to discharge its regulatory or self-regulatory duties 
under the Act.\15\
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    \15\ The section 4(c)(2) factor of whether an agreement, 
contract or transaction is entered into solely between appropriate 
persons does not apply here.
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    Based on the foregoing, the Commission has determined that granting 
the exemption provided in the order below satisfies the requirements of 
section 4(c) of the Act.

IV. Proposed Order

    The Commission proposed an exemption to permit the ICE DCOs, 
subject to certain conditions, to invest customer funds in Designated 
Foreign Sovereign Debt. The first condition required that the ICE DCOs 
only use customer euro cash to invest in the Designated Foreign 
Sovereign Debt. This restriction was previously included in

[[Page 35243]]

Regulation 1.25 \16\ when the rule permitted the investment of customer 
funds in foreign sovereign debt, and the Commission believes it is 
still an appropriate restriction on the amount that may be invested in 
these instruments.
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    \16\ See 17 CFR 1.25(b)(4)(D) (2005) (providing that sovereign 
debt is subject to the following limits: A futures commission 
merchant may invest in the sovereign debt of a country to the extent 
it has balances in segregated accounts owed to its customers 
denominated in that country's currency; a DCO may invest in the 
sovereign debt of a country to the extent it has balances in 
segregated accounts owed to its clearing member futures commission 
merchants denominated in that country's currency).
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    Second, the Commission proposed to permit the ICE DCOs to invest in 
Designated Foreign Sovereign Debt only so long as the two-year credit 
default spread of the issuing sovereign is 45 basis points (``BPS'') or 
less. The Commission explained that because the proposed order was not 
intended to expand the universe of permitted investments beyond 
instruments with a risk profile similar to those that are currently 
permitted, U.S. Government Securities provide an appropriate benchmark 
to confine permitted investments in foreign sovereign debt. The 
Commission proposed the cap of 45 BPS based on a historical analysis of 
the two-year credit default spread of the United States (``U.S. 
Spread''). Forty-five BPS is approximately two standard deviations 
above the mean U.S. Spread over the past eight years and represents a 
risk level that the U.S. Spread has exceeded approximately 5% of the 
time over that period.\17\ The Proposed Order provided that if the 
spread exceeds 45 BPS, the ICE DCOs would not be permitted to make new 
investments in the relevant debt. They also would not need to 
immediately divest all current investments, however, due to risks 
associated with selling assets in a potentially volatile market. The 
Commission explained that prohibiting new investments, together with 
the length to maturity condition discussed immediately below, 
sufficiently protects customer funds in the event that a country's 
Designated Foreign Sovereign Debt were to exceed the 45 BPS spread 
limit.
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    \17\ The Commission reviewed the daily U.S. Spread from July 3, 
2009 to July 3, 2017. Over this time period, the U.S. Spread had a 
mean of approximately 26.5 BPS and a standard deviation of 
approximately 9.72 BPS. Over this same period, the two-year German 
spread exceeded 45 BPS approximately 6% of the time, and the two-
year French spread exceeded 45 BPS approximately 25% of the time. 
Neither the German nor the French two-year spread has exceeded 45 
BPS since September 2012.
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    Third, the Commission proposed to limit the length to maturity of 
direct investments in Designated Foreign Sovereign Debt, to limit 
permitted investments to those with a lower risk profile. Specifically, 
the Proposed Order contained a requirement that each of the ICE DCOs 
ensure that the dollar-weighted average of the time-to-maturity of 
their portfolio of direct investments in each type of Designated 
Foreign Sovereign Debt does not exceed 60 days. This restriction was 
modeled on Securities and Exchange Commission requirements for money 
market mutual funds,\18\ which have liquidity timing needs 
appropriately analogous to those of a DCO in this instance, and was 
designed to ensure that the investments will mature relatively quickly, 
providing the ICE DCOs with access to euro cash.
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    \18\ See 17 CFR 270.2a-7.
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    To provide the ICE DCOs with the ability to invest customer funds 
in the Designated Foreign Sovereign Debt, the Commission proposed to 
exempt the ICE DCOs from the counterparty and depository requirements 
of Regulation 1.25(d)(2) and (7), subject to conditions. As a practical 
matter, complying with these requirements would severely restrict the 
ICE DCOs' ability to enter into repurchase agreements for Designated 
Foreign Sovereign Debt.
    Specifically the Commission proposed to exempt the ICE DCOs from 
the counterparty restrictions of Regulation 1.25(d)(2), subject to the 
condition that counterparties be limited to certain categories that are 
intended to limit the risk associated with reverse repurchase 
transactions. The ICE DCOs represented that the principal participants 
in the European sovereign debt repurchase markets are non-U.S. banks, 
non-U.S. securities dealers, and foreign branches of U.S. banks. As a 
result, the counterparty requirements under Regulation 1.25(d)(2) would 
significantly constrain the use of euro-denominated sovereign debt 
repurchase agreements. Additionally, the ICE DCOs represented that it 
would be impractical and inefficient to hold such securities at a U.S. 
custodian, and the Commission proposed to exempt the ICE DCOs from the 
depository requirement of Regulation 1.25(d)(7), so long as the 
depository qualifies as a permitted depository under Regulation 1.49. 
The Commission explained that the proposed restrictions on permitted 
counterparties and depositories are designed to ensure that the 
counterparties and depositories used by the ICE DCOs will be regulated 
entities comparable to those currently permitted under Regulation 
1.25(d)(2) and (7).

V. Comments on the Proposed Order

    The Commission published a request for comments regarding the 
Proposed Order in the Federal Register on December 15, 2017.\19\
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    \19\ 82 FR 59586 (Dec. 15, 2017).
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    The Commission received three comment letters.\20\ Each of the 
commenters supported an exemption and suggested several changes to the 
Proposed Order. Both Eurex and FIA stated that the proposed exemption 
is consistent with the Regulation 1.25 objectives of preserving 
principle and maintaining liquidity.
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    \20\ Letters were submitted by CME Group, Inc (``CME''), Eurex 
Clearing AG (``Eurex''), and the Futures Industry Association 
(``FIA''). All comment letters are available through the 
Commission's website at: https://comments.cftc.gov/PublicComments/CommentList.aspx?id=2850.
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    All three commenters recommended that the Commission expand the 
scope of the order to grant relief to additional registrants. Eurex, a 
registered DCO, requested that it be included within the scope of the 
exemption. CME encouraged the Commission to include all DCOs in the 
scope of the exemption, and FIA recommended including all DCOs and 
their FCM clearing members.
    CME and Eurex argued that expanding the scope of the order is 
consistent with the promotion of fair competition, which is one of the 
stated purposes of section 4(c) exemptions.\21\ They also highlighted 
the benefits of investing customer funds in Designated Foreign 
Sovereign Debt as justification for expanding the scope of the order. 
Eurex stated that investing in Designated Foreign Sovereign Debt is 
safer than holding euro cash at a commercial bank. Additionally, CME 
noted that investing in Designated Foreign Sovereign Debt promotes 
effective management of liquidity risk by aligning collateral types 
with potential liquidity obligations and by diversifying risk in the 
investment portfolio. CME further stated that investments in Designated 
Foreign Sovereign Debt allow DCOs to better mitigate collateral 
concentration risk and argued that these benefits are not unique to any 
particular DCO.
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    \21\ See 7 U.S.C. 6(c)(1).
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    The Commission agrees that the benefits of the Proposed Order are 
not unique to the ICE DCOs and is accordingly expanding the scope of 
the Proposed Order to permit all DCOs to invest customer funds in 
Designated Foreign Sovereign Debt, subject to the conditions of the 
order. The Commission notes, however, that some DCOs have access to a 
central bank account for euro deposits and believes that such access 
can, in certain

[[Page 35244]]

circumstances, reduce or eliminate the need for investing customer 
funds in Designated Foreign Sovereign Debt. The Commission therefore 
encourages DCOs to deposit customer euro with a central bank when it is 
practical to do so.\22\ The comments received did not provide support 
for an expansion of the exemption to FCMs,\23\ a separate class of 
registrants subject to differing regulatory obligations that the 
Commission would need to carefully consider on their own terms. As a 
result, the Commission declines to expand the order to permit FCMs to 
invest customer funds in Designated Foreign Sovereign Debt at this 
time.
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    \22\ See Comm. on Payment and Settlement Sys. and Technical 
Comm. of the Int'l Org. of Sec. Comm'ns [CPSS-IOSCO, now CPMI-IOSCO] 
Principles for Financial Market Infrastructures, Princ. 7 Key 
Consideration 8 (2012) (``An FMI with access to central bank 
accounts, payment services, or security services should use these 
services, where practical, to enhance its management of liquidity 
risk.'').
    \23\ See FIA comment letter at 3 (providing only that ``[w]e see 
no reason why the proposed relief should not be'' available to FCMs 
holding euro-denominated segregated balances).
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    Both Eurex and FIA encouraged the Commission to expand the weighted 
average time-to-maturity limit beyond the proposed 60 days. Eurex 
recommended limiting portfolios, including repurchase agreements, to a 
two-year time-to-maturity requirement, consistent with the current 
limit in Regulation 1.25 for the overall portfolio of investments 
purchased with customer funds. It argued that because the Commission 
found the risk characteristics of German and French debt to be similar 
to those of U.S. Government Securities, the same time-to-maturity limit 
should apply. FIA recommended using a six month time-to-maturity 
limit.\24\ Based on discussions with trading desks at several member 
firms, FIA suggested that the 60-day limit would be too restrictive. It 
explained that the new issuance supply of French and German sovereign 
debt that could be used to satisfy this restriction is limited and 
thinly traded and quoted, which could force participants to invest in 
less-liquid secondary market securities. Further, FIA noted that 
although the discussion of the proposed 60-day time-to-maturity limit 
noted the SEC's requirement for mutual funds as a point of reference, 
the SEC rule includes overnight repos in the calculation, which 
significantly reduces the average time-to-maturity of the portfolio as 
a whole.
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    \24\ FIA did not specify whether repurchase agreements would be 
included in the calculation of the time-to-maturity limit it 
proposed.
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    The 60-day average time-to-maturity limitation as proposed to apply 
only to direct investments may unduly limit investments in Designated 
Foreign Sovereign Debt, and the Commission is therefore amending the 
calculation of the limitation. Under the final order, the dollar-
weighted average time-to-maturity of all investments in Designated 
Foreign Sovereign Debit, including repurchase agreements, may not 
exceed 60 days. The Commission is also, however, limiting individual 
direct investments in Designated Foreign Sovereign Debt to securities 
that have a remaining maturity of 180 days or less. While the risk 
characteristics of Designated Foreign Sovereign Debt are broadly 
comparable to those of U.S. Government Securities, Designated Foreign 
Sovereign Debt is somewhat less liquid than U.S. Government Securities 
and the cap on the time-to-maturity of individual investments is 
intended to address that reduced liquidity.
    FIA recommended using the five-year credit default swap (``CDS'') 
spread as the measure of credit quality for Designated Foreign 
Sovereign Debt, arguing that the two-year CDS is thinly traded and 
quoted compared to the five-year instrument. FIA recommended permitting 
investments in French and German debt when the five-year CDS spread is 
at 60 basis points or less.
    The Commission understands that the five-year CDS is more commonly 
traded than the two-year, but believes that the two-year spread is more 
suitable for this purpose because it more closely tracks the duration 
of the investments that DCOs will make in Designated Foreign Sovereign 
debt. While liquidity of the two-year product may not match that of the 
five-year, the Commission believes that data and quotes on the two-year 
spread are adequately available for their intended use as a measure of 
creditworthiness.
    FIA noted that under the proposed exemption from Regulation 
1.25(d)(2) and (7), the ICE DCOs would be required to comply with the 
remaining provisions of Regulation 1.25(d). FIA stated that these 
requirements provide important protections for customer funds employed 
in repurchase agreements and should not be waived. The Commission 
agrees and confirms that DCOs must continue to comply with all 
requirements in Regulation 1.25 not exempted by the order.
    Eurex requested the Commission clarify that like U.S. Government 
Securities, Foreign Sovereign Debt is not subject to an asset-based 
concentration limit. The Commission confirms that the order does not 
subject Designated Foreign Sovereign Debt to an asset-based 
concentration limit. Because investments of customer funds in 
Designated Foreign Sovereign Debt will be limited to the amount of euro 
cash held by DCOs, the Commission does not believe that an asset-based 
concentration limit is necessary.
    In addition, the Commission is amending the Proposed Order to 
permit DCOs a reasonable amount of time after the two-year CDS spread 
of France or Germany exceeds 45 basis points to determine an 
appropriate alternative investment or depository for funds that had 
been invested in a repurchase agreement for the relevant Designated 
Foreign Sovereign Debt. The Commission does not believe it is prudent 
to immediately require DCOs to locate depositories for potentially 
large amounts of cash without notice. The order as revised will require 
DCOs to stop entering into repurchase agreements as soon as practicable 
under the circumstances while the French or German two-year CDS spread 
exceeds 45 basis points. The Commission is not amending the restriction 
that no new direct investments in the relevant debt may be made if the 
two-year spread is greater than 45 basis points.
    The Commission is also making a change to the Proposed Order to 
clarify that the exemption to Regulation 1.25(d)(2) and (7) only 
applies to investments in Designated Foreign Sovereign Debt and not all 
securities purchased with customer funds.
    The Commission does not intend this order to relieve a DCO of any 
obligation relating to investments in Designated Foreign Sovereign Debt 
that would apply if Designated Foreign Sovereign Debt were a permitted 
investment under Commission Regulation 1.25. The Commission is adding a 
new paragraph to the order to clarify that certain Commission 
regulations apply to investments made pursuant to this order.

VI. Order

    After considering the above factors and the comment letters 
received in response to its request for comments, the Commission has 
determined to issue the following:
    (1) The Commission, pursuant to its authority under section 4(c) of 
the Commodity Exchange Act (``Act'') and subject to the conditions 
below, hereby grants registered derivatives clearing organizations 
(``DCOs'') a limited exemption to section 4d of the Act and to 
Commission Regulation 1.25(a) to permit all registered DCOs to invest 
euro-denominated futures and cleared swap customer funds in euro-
denominated sovereign debt issued by the French Republic and the 
Federal

[[Page 35245]]

Republic of Germany (``Designated Foreign Sovereign Debt'').
    (2) The Commission, subject to the conditions below, additionally 
grants:
    (a) A limited exemption to Commission Regulation 1.25(d)(2) to 
permit registered DCOs to use customer funds to enter into repurchase 
agreements for Designated Foreign Sovereign Debt with foreign banks and 
foreign securities brokers or dealers; and
    (b) A limited exemption to Commission Regulation 1.25(d)(7) to 
permit registered DCOs to hold Designated Foreign Sovereign Debt 
purchased under a repurchase agreement in a safekeeping account at a 
foreign bank.
    (3) This order is subject to the following conditions:
    (a) Investments of customer funds in Designated Foreign Sovereign 
Debt by a DCO must be limited to investments made with euro customer 
cash.
    (b) If the two-year credit default spread of an issuing sovereign 
of Designated Foreign Sovereign Debt is greater than 45 basis points:
    (i) A DCO must discontinue investing customer funds in the relevant 
debt through repurchase transactions as soon as practicable under the 
circumstances;
    (ii) A DCO may not make any new direct investments in the relevant 
debt using customer funds. Direct investment refers to purchases of 
Designated Foreign Sovereign Debt unaccompanied by a contemporaneous 
agreement to resell the securities.
    (c) The dollar-weighted average of the time-to-maturity of a DCO's 
portfolio of investments in each sovereign's Designated Foreign 
Sovereign Debt may not exceed 60 days.
    (d) A DCO may not make a direct investment in any Designated 
Foreign Sovereign Debt that has a remaining maturity of greater than 
180 calendar days.
    (e) A DCO may use customer funds to enter into repurchase 
agreements for Designated Foreign Sovereign Debt with a counterparty 
that does not meet the requirements of Commission Regulation 1.25(d)(2) 
only if the counterparty is:
    (i) A foreign bank that qualifies as a permitted depository under 
Commission Regulation 1.49(d)(3) and that is located in a money center 
country (as defined in Commission Regulation 1.49(a)(1)) or in another 
jurisdiction that has adopted the euro as its currency;
    (ii) A securities dealer located in a money center country as 
defined in Commission Regulation 1.49(a)(1) that is regulated by a 
national financial regulator such as the UK Prudential Regulation 
Authority or Financial Conduct Authority, the German Bundesanstalt 
f[uuml]r Finanzdienstleistungsaufsicht (BaFin), the French 
Autorit[eacute] Des March[eacute]s Financiers (AMF) or Autorit[eacute] 
de Contr[ocirc]le Prudentiel et de R[eacute]solution (ACPR), or the 
Italian Commissione Nazionale per le Societ[agrave] e la Borsa 
(CONSOB); or
    (iii) The European Central Bank, the Deutsche Bundesbank, or the 
Banque de France.
    (f) A DCO may hold customer Designated Foreign Sovereign Debt 
purchased under a repurchase agreement with a depository that does not 
meet the requirements of Commission Regulation 1.25(d)(7) only if the 
depository meets the location and qualification requirements contained 
in Commission Regulation 1.49(c) and (d) and if the account complies 
with the requirements of Commission Regulation 1.26.
    (4) A DCO must continue to comply with all other requirements in 
Commission Regulation 1.25, including but not limited to the 
counterparty concentration limits in Commission Regulation 
1.25(b)(3)(v), and other applicable Commission regulations.
    (5) Investments made pursuant to this order will be considered 
``instruments described in Sec.  1.25'' for the purposes of Commission 
Regulation 1.29 and will be considered to be made ``in accordance with 
Sec.  1.25'' for the purposes of Commission Regulation 22.3.

IV. Related Matters

A. Paperwork Reduction Act

    The Paperwork Reduction Act (``PRA'') imposes certain requirements 
on federal agencies (including the Commission) in connection with their 
conducting or sponsoring any collection of information as defined by 
the PRA. This exemptive order does not involve a collection of 
information. Accordingly, the PRA does not apply.

B. Cost-Benefit Analysis

    Section 15(a) of the CEA requires the Commission to consider the 
costs and benefits of its action before issuing an order under the CEA. 
By its terms, section 15(a) does not require the Commission to quantify 
the costs and benefits of an order or to determine whether the benefits 
of the order outweigh its costs. Rather, section 15(a) simply requires 
the Commission to ``consider the costs and benefits'' of its action. 
The Commission did not receive any comments on its proposed costs and 
benefits.
1. Baseline
    The Commission's baseline for consideration of the costs and 
benefits of the exemptive order are the costs and benefits that DCOs 
and the public would face if the Commission does not grant the order, 
or in other words, the status quo. In that scenario, DCOs would be 
limited to investing customer funds in the instruments listed in 
Regulation 1.25.
2. Costs and Benefits
    The costs and benefits of the order are not presently susceptible 
to meaningful quantification. Therefore, the Commission discusses costs 
and benefits in qualitative terms.
    The Commission does not believe granting the exemption will impose 
additional costs on DCOs. The order permits but does not require DCOs 
to invest customer funds in Designated Foreign Sovereign Debt. Each DCO 
may therefore decide whether to accept any costs and benefits of an 
investment. The Commission also does not expect the order to impose 
additional costs on other market participants or the public, which do 
not face any direct costs from the order. While other market 
participants or the public could potentially face costs from riskier 
investment activity leading to financial instability at a DCO, the 
Commission believes that this is unlikely, because the order prescribes 
limits on investments of customer funds in Designated Foreign Sovereign 
Debt designed to preserve principal and maintain liquidity. In 
addition, the flexibility to hold customer funds in Designated Foreign 
Sovereign Debt rather than in euro cash at a commercial bank provides 
risk management benefits as described above.
    The Commission believes that DCOs will benefit from the order. The 
exemption provides DCOs additional flexibility in how they manage and 
hold customer funds and allows them to improve the risk management of 
their customer accounts. Further, if DCOs invest customer funds in 
Designated Foreign Sovereign Debt, other participants in the relevant 
market may benefit from the additional liquidity. Moreover, as 
described above, it is safer from a risk management perspective to hold 
Foreign Sovereign Debt in a safekeeping account than to hold euro cash 
at a commercial bank. Therefore, market participants and the public may 
also benefit from the exemption.
3. Section 15(a) Factors
    Section 15(a) of the CEA further specifies that costs and benefits 
shall be evaluated in light of five broad areas of market and public 
concern: protection of market participants and the public; efficiency, 
competitiveness, and

[[Page 35246]]

financial integrity of futures markets; price discovery; sound risk 
management practices; and other public interest considerations. The 
Commission could in its discretion give greater weight to any one of 
the five enumerated areas and could in its discretion determine that, 
notwithstanding its costs, a particular order was necessary or 
appropriate to protect the public interest or to effectuate any of the 
provisions or to accomplish any of the purposes of the CEA. The 
Commission is considering the costs and benefits of this exemptive 
order in light of the specific provisions of section 15(a) of the CEA, 
as follows:
    1. Protection of market participants and the public. As described 
above, investing in the Designated Foreign Sovereign Debt as requested 
by the Petitioners can provide risk management benefits relative to the 
current alternative of holding euro collateral in a commercial bank. 
Granting the exemption thus serves to protect market participants and 
the public.
    2. Efficiency, competition, and financial integrity. Granting the 
exemption may increase efficiency by providing DCOs additional 
flexibility in how they manage customer funds. Making the investments 
permitted by the order is elective, within the discretion of each DCO, 
and thus does not impose additional costs. Further, as discussed in the 
above, DCOs can exercise prudent risk management by investing in the 
Designated Foreign Sovereign Debt, which may enhance the financial 
integrity of the DCO.
    3. Price discovery. The exemption is unlikely to impact price 
discovery in the derivatives markets.
    4. Sound risk management practices. As described above, investing 
customer funds in the Designated Foreign Sovereign Debt is intended to 
advance sound risk management practices, including by limiting 
custodian and collateral concentration risks.
    5. Other public interest considerations. The Commission believes 
that the relevant cost-benefit considerations are captured in the four 
factors above.

    Issued in Washington, DC, on July 19, 2018, by the Commission.
Robert Sidman,
Deputy Secretary of the Commission.

Appendix To Order Granting Exemption From Certain Provisions of the 
Commodity Exchange Act Regarding Investment of Customer Funds and From 
Certain Related Commission Regulations--Commission Voting Summary

    On this matter, Chairman Giancarlo and Commissioners Quintenz 
and Behnam voted in the affirmative. No Commissioner voted in the 
negative.
[FR Doc. 2018-15860 Filed 7-24-18; 8:45 am]
 BILLING CODE 6351-01-P



                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                          35241

                                               ‘‘Electronic Maintenance Fee Form’’)                     COMMODITY FUTURES TRADING                                    Section 4d of the Act 2 and
                                               provided through the USPTO website.                      COMMISSION                                                Commission Regulation 1.25(a) 3 set out
                                               To pay a maintenance fee after patent                                                                              the permitted investments in which
                                               expiration, customers must submit the                    Order Granting Exemption From                             DCOs may invest customer funds.4
                                               maintenance fee payment together with                    Certain Provisions of the Commodity                       Section 4d limits investments of
                                               a Petition to Accept Unintentionally                     Exchange Act Regarding Investment of                      customer money to obligations of the
                                               Delayed Payment (PTO/SB/66). A                           Customer Funds and From Certain                           United States (‘‘U.S. Government
                                                                                                        Related Commission Regulations                            Securities’’), general obligations of any
                                               petition to accept delayed payment of a
                                               maintenance fee under the                                AGENCY: Commodity Futures Trading                         State or of any political subdivision
                                                                                                        Commission.                                               thereof, and obligations fully guaranteed
                                               unintentional standard may be filed
                                                                                                                                                                  as to principal and interest by the
                                               online. To designate or change a fee                     ACTION: Order.
                                                                                                                                                                  United States.5 Regulation 1.25 expands
                                               address, the customer must submit a Fee                                                                            the list of permitted investments but
                                               Address Indication Form (PTO/SB/47).                     SUMMARY:   The Commodity Futures
                                                                                                        Trading Commission (‘‘CFTC’’ or                           does not permit investment of customer
                                                  Completion of these forms results in                  ‘‘Commission’’) is issuing an order in                    funds in foreign sovereign debt.6
                                               information collected, maintained, and                   response to a petition from ICE Clear                        Regulation 1.25 previously included
                                               used consistent with all applicable OMB                  Credit LLC, ICE Clear US, Inc., and ICE                   foreign sovereign debt as a permitted
                                               and USPTO Information Quality                            Clear Europe Limited (collectively, ‘‘the                 investment for customer funds.7 In
                                               Guidelines. This includes the basic                      ICE DCOs’’ or ‘‘the Petitioners’’) seeking                2011, the Commission removed this
                                               information quality standards                            an exemption permitting the investment                    option from Regulation 1.25, but also
                                               established in the Paperwork Reduction                   of futures and swap customer funds in                     acknowledged that the safety of
                                               Act (44 U.S.C. chapter 35) (PRA), in                     certain categories of euro-denominated                    sovereign debt issuances of one country
                                               OMB Circular A–130, and in the OMB                       sovereign debt. The Commission is also                    may vary greatly from those of another,
                                                                                                        granting exemptive relief to expand the                   and stated that it was amenable to
                                               information quality guidelines.
                                                                                                        universe of permissible counterparties                    considering requests for section 4(c)
                                                  Frequency: On occasion.                                                                                         exemptions from this restriction.8
                                                                                                        and depositories that can be used in
                                                  Respondent’s Obligation: Required to                  connection with these investments                         Specifically, the Commission stated that
                                               Obtain or Retain Benefits.                               given the structure of the market for                     it would consider permitting foreign
                                                                                                        repurchase agreements in euro-                            sovereign debt investments (1) to the
                                                  OMB Desk Officer: Nicholas A. Fraser,
                                                                                                        denominated sovereign debt.                               extent that the petitioner has balances in
                                               email: Nicholas_A._Fraser@                                                                                         segregated accounts owed to customers
                                               omb.eop.gov.                                             DATES: Applicable as of July 25, 2018.
                                                                                                                                                                  or clearing member futures commission
                                                  Once submitted, the request will be                   FOR FURTHER INFORMATION CONTACT:                          merchants in that country’s currency
                                               publicly available in electronic format                  Eileen A. Donovan, Deputy Director,                       and (2) to the extent that the sovereign
                                               through reginfo.gov. Follow the                          (202) 418–5096, edonovan@cftc.gov,                        debt serves to preserve principal and
                                               instructions to view Department of                       Division of Clearing and Risk, or Lihong                  maintain liquidity of customer funds as
                                               Commerce collections currently under                     McPhail, Research Economist, (202)
                                               review by OMB.                                           418–5722, lmcphail@cftc.gov, Office of                      27  U.S.C. 6d.
                                                                                                        the Chief Economist, Commodity                              3 17 CFR 1.25(a) (2017).
                                                  Further information can be obtained                   Futures Trading Commission, Three                           4 Although Regulation 1.25 by its terms applies

                                               by:                                                      Lafayette Centre, 1155 21st Street NW,                    only to futures customer funds, Regulation 22.3(d)
                                                                                                                                                                  requires that a DCO investing cleared swap
                                                  • Email: InformationCollection@                       Washington, DC 20581; or Tad Polley,                      customer funds comply with the requirements of
                                               uspto.gov. Include ‘‘0651–0016                           Associate Director, (312) 596–0551,                       Regulation 1.25.
                                               comment’’ in the subject line of the                     tpolley@cftc.gov, or Scott Sloan,                           5 See 7 U.S.C. 6d(a)(2) (futures), (f)(4) (cleared

                                                                                                        Attorney-Advisor, (312) 596–0708,                         swaps).
                                               message.                                                                                                             6 Regulation 1.25 permits investment of customer
                                                                                                        ssloan@cftc.gov, Division of Clearing
                                                  • Mail: Raul Tamayo, Senior Legal                     and Risk, Commodity Futures Trading
                                                                                                                                                                  funds in: (i) Obligations of the United States and
                                               Advisor, Office of Patent Legal                                                                                    obligations fully guaranteed as to principal and
                                                                                                        Commission, 525 West Monroe Street,                       interest by the United States (U.S. government
                                               Administration,, United States Patent                    Chicago, Illinois 60661.                                  securities); (ii) General obligations of any State or
                                               and Trademark Office, P.O. Box 1450,                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  of any political subdivision thereof (municipal
                                               Alexandria, VA 22313–1450.                                                                                         securities); (iii) Obligations of any United States
                                                                                                                                                                  government corporation or enterprise sponsored by
                                                  Written comments and                                  I. Background                                             the United States government (U.S. agency
                                               recommendations for the proposed                            By petition dated June 22, 2017, the                   obligations); (iv) Certificates of deposit issued by a
                                                                                                        Petitioners, all registered derivatives                   bank (certificates of deposit) as defined in section
                                               information collection should be sent on                                                                           3(a)(6) of the Securities Exchange Act of 1934, or
                                               or before August 24, 2018 to Nicholas A.                 clearing organizations (‘‘DCOs’’),                        a domestic branch of a foreign bank that carries
                                               Fraser, OMB Desk Officer, via email to                   requested an exemptive order under                        deposits insured by the Federal Deposit Insurance
                                                                                                        section 4(c) of the Commodity Exchange                    Corporation; (v) Commercial paper fully guaranteed
                                               Nicholas_A._Fraser@omb.eop.gov, or by                                                                              as to principal and interest by the United States
                                               fax to 202–395–5167, marked to the                       Act (‘‘CEA’’ or ‘‘Act’’) permitting the ICE               under the Temporary Liquidity Guarantee Program
                                               attention of Nicholas A. Fraser.                         DCOs to invest futures and cleared swap                   as administered by the Federal Deposit Insurance
                                                                                                        customer funds in certain categories of                   Corporation (commercial paper); (vi) Corporate
                                               Marcie Lovett,                                           euro-denominated sovereign debt. On                       notes or bonds fully guaranteed as to principal and
                                                                                                                                                                  interest by the United States under the Temporary
                                               Director, Records and Information                        December 15, 2017, the Commission
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                                                                                                                                                                  Liquidity Guarantee Program as administered by the
                                               Governance Division, Office of the Chief                 published a proposed order that would                     Federal Deposit Insurance Corporation (corporate
                                               Technology Officer, United States Patent and             grant the requested exemption                             notes or bonds); and (vii) Interests in money market
                                               Trademark Office.                                        (‘‘Proposed Order’’) and requested                        mutual funds.
                                                                                                                                                                    7 See 17 CFR 1.25(a) (2005).
                                               [FR Doc. 2018–15877 Filed 7–24–18; 8:45 am]              public comment on the Proposed                              8 Investment of Customer Funds and Funds Held
                                               BILLING CODE 3510–16–P                                   Order.1                                                   in an Account for Foreign Futures and Foreign
                                                                                                                                                                  Options Transactions, 76 FR 78776, 78782 (Dec. 19,
                                                                                                             1 82   FR 59586 (Dec. 15, 2017).                     2011).



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                                               35242                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               required for all other investments of                    III. Section 4(c) Analysis                               Sovereign Debt poses less risk to
                                               customer funds under Regulation 1.25.9                      In connection with the Proposed                       customer funds than the current
                                                  In connection with their proposal to                  Order, the Commission preliminarily                      alternative of holding the funds at a
                                               invest customer funds in foreign                         determined that granting the requested                   commercial bank, on the basis that
                                               sovereign debt, the ICE DCOs have also                   exemption would be consistent with                       exposure to high-quality sovereign debt
                                                                                                        Section 4(c) of the Act.12 After                         is preferable to facing the credit risk of
                                               requested an exemption from
                                                                                                        reviewing the comments received in                       commercial banks through unsecured
                                               Regulations 1.25(d)(2) and (7).
                                                                                                        response to the Proposed Order, all of                   bank demand deposit accounts. While
                                               Regulation 1.25(d)(2) limits the
                                                                                                        which supported an exemption, the                        investments through reverse repurchase
                                               counterparties with which a DCO can                                                                               agreements (as opposed to direct
                                               enter into a repurchase agreement                        Commission has determined that the
                                                                                                        exemption detailed below satisfies the                   investments) still involve exposure to a
                                               involving customer funds to a bank as                                                                             commercial counterparty, a DCO would
                                               defined in section 3(a)(6) of the                        requirements of Section 4(c)(2) of the
                                                                                                        Act.13                                                   receive the additional benefit of
                                               Securities Exchange Act of 1934, a                                                                                receiving securities as collateral against
                                               domestic branch of a foreign bank                           Specifically, the Commission has
                                                                                                        determined that the restriction on                       that counterparty’s credit risk. The ICE
                                               insured by the Federal Deposit                                                                                    DCOs also represented that in the event
                                                                                                        investments of customer funds by DCOs
                                               Insurance Corporation, a securities                                                                               a securities custodian enters insolvency
                                                                                                        should not apply to Designated Foreign
                                               broker or dealer, or a government                                                                                 proceedings, they would have a claim to
                                                                                                        Sovereign Debt. As the Commission
                                               securities broker or government                                                                                   specific securities rather than a general
                                                                                                        previously observed, the ICE DCOs
                                               securities dealer registered with the                    demonstrated that the Designated                         claim against the assets of the custodian.
                                               Securities and Exchange Commission or                    Foreign Sovereign Debt has credit,                          Further, the Commission has
                                               which has filed notice pursuant to                       liquidity, and volatility characteristics                determined that the exemption is
                                               section 15C(a) of the Government                         that are comparable to U.S. Government                   consistent with the public interest and
                                               Securities Act of 1986. Regulation                       Securities, which are permitted                          the purposes of the Act, which include
                                               1.25(d)(7) requires a DCO to hold the                    investments under the Act and                            ensuring the financial integrity of
                                               securities transferred to the DCO under                  Regulation 1.25. For example, as                         transactions and avoiding systemic
                                               a repurchase agreement in a safekeeping                  evidence of the creditworthiness of                      risk.14 As noted above, investing
                                               account with a bank as referred to in                    France and Germany, the ICE DCOs                         customer funds in Designated Foreign
                                               Regulation 1.25(d)(2), a Federal Reserve                 provided data demonstrating that credit                  Sovereign Debt is often a prudent
                                               Bank, a DCO, or the Depository Trust                     default swap spreads of France and                       alternative to holding cash at a
                                               Company in an account that complies                      Germany have historically been similar                   commercial bank from a risk
                                               with the requirements of Regulation                      to those of the United States. To                        management perspective, and granting
                                               1.26.                                                    demonstrate the liquidity of the                         the exemption thus serves to protect
                                                                                                        markets, the ICE DCOs pointed to, for                    market participants and the public. For
                                               II. The ICE DCOs’ Petition                                                                                        the same reasons, granting the
                                                                                                        example, the substantial amount of
                                                                                                        outstanding marketable French and                        exemption may enhance the financial
                                                 The ICE DCOs request a limited
                                                                                                                                                                 integrity of the DCO and thereby help to
                                               exemption from section 4d of the Act                     German debt and the daily transaction
                                                                                                                                                                 avoid systemic risk.
                                               and Commission Regulation 1.25(a) to                     value of the repo markets for their debt.
                                                                                                                                                                    Finally, the Commission has
                                               invest euro-denominated customer                         And with respect to volatility, the ICE                  determined that granting an exemption
                                               funds in sovereign debt issued by the                    DCOs provided data on daily changes to                   allowing investment of customer funds
                                               French Republic and the Federal                          sovereign debt yields demonstrating that                 in instruments with risk characteristics
                                               Republic of Germany (‘‘Designated                        the price stability of French and German                 comparable to currently permitted
                                               Foreign Sovereign Debt’’) through both                   debt is comparable to that of U.S.                       investments does not have a material
                                               direct investment and repurchase                         Government Securities.                                   adverse effect on the ability of the
                                               agreements.10 The Petitioners also                          The Commission also observed that
                                                                                                                                                                 Commission or any contract market to
                                               request an exemption from Regulation                     the ICE DCOs demonstrated that
                                                                                                                                                                 discharge its regulatory or self-
                                               1.25(d)(2) that would permit them to                     investing in the Designated Foreign                      regulatory duties under the Act.15
                                               enter into reverse repurchase                                                                                        Based on the foregoing, the
                                                                                                           12 Section 4(c)(1) of the Act empowers the
                                               agreements with certain foreign banks,                                                                            Commission has determined that
                                                                                                        Commission to promote responsible economic or
                                               certain regulated securities dealers, or                 financial innovation and fair competition by             granting the exemption provided in the
                                               the European Central Bank and the                        exempting any transaction or class of transactions       order below satisfies the requirements of
                                               central banks of Germany and France.11                   (including any person or class of persons offering,      section 4(c) of the Act.
                                               Lastly, the ICE DCOs request an                          entering into, rendering advice or rendering other
                                                                                                        services with respect to, the agreement, contract, or    IV. Proposed Order
                                               exemption from Regulation 1.25(d)(7)                     transaction), from any of the provisions of the Act,
                                               that would permit them to hold the                       subject to exceptions not relevant here. 7 U.S.C.          The Commission proposed an
                                               securities purchased through reverse                     6(c)(1).                                                 exemption to permit the ICE DCOs,
                                               repurchase agreements in a safekeeping
                                                                                                           13 Section 4(c)(2) of the Act provides that the
                                                                                                                                                                 subject to certain conditions, to invest
                                                                                                        Commission may grant exemptions under Section            customer funds in Designated Foreign
                                               account with a non-U.S. bank that                        4(c)(1) only when it determines that the
                                               qualifies as a depository under the                      requirements for which an exemption is being
                                                                                                                                                                 Sovereign Debt. The first condition
                                               requirements of Regulation 1.49.                         provided should not be applied to the agreements,        required that the ICE DCOs only use
                                                                                                        contracts, or transactions at issue; that the            customer euro cash to invest in the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        exemption is consistent with the public interest and     Designated Foreign Sovereign Debt. This
                                                 9 Id.
                                                                                                        the purposes of the Act; that the agreements,
                                                  10 A copy of the petition is available on the
                                                                                                        contracts, or transactions will be entered into solely
                                                                                                                                                                 restriction was previously included in
                                               Commission’s website at http://www.cftc.gov/idc/         between appropriate persons; and that the
                                               groups/public/@requestsandactions/documents/             exemption will not have a material adverse effect          14 See 7 U.S.C. 5(b).
                                               ifdocs/icedcos4cappl6-22-17.pdf.                         on the ability of the Commission or any contract           15 The section 4(c)(2) factor of whether an
                                                  11 The ICE DCOs have indicated they may not           market or derivatives transaction execution facility     agreement, contract or transaction is entered into
                                               currently be able to enter into repurchase               to discharge its regulatory or self-regulatory           solely between appropriate persons does not apply
                                               agreements with these central banks.                     responsibilities under the Act.                          here.



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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                         35243

                                               Regulation 1.25 16 when the rule                         Sovereign Debt, to limit permitted                         V. Comments on the Proposed Order
                                               permitted the investment of customer                     investments to those with a lower risk                        The Commission published a request
                                               funds in foreign sovereign debt, and the                 profile. Specifically, the Proposed Order                  for comments regarding the Proposed
                                               Commission believes it is still an                       contained a requirement that each of the                   Order in the Federal Register on
                                               appropriate restriction on the amount                    ICE DCOs ensure that the dollar-                           December 15, 2017.19
                                               that may be invested in these                            weighted average of the time-to-maturity                      The Commission received three
                                               instruments.                                             of their portfolio of direct investments                   comment letters.20 Each of the
                                                  Second, the Commission proposed to                    in each type of Designated Foreign                         commenters supported an exemption
                                               permit the ICE DCOs to invest in                         Sovereign Debt does not exceed 60 days.                    and suggested several changes to the
                                               Designated Foreign Sovereign Debt only                   This restriction was modeled on                            Proposed Order. Both Eurex and FIA
                                               so long as the two-year credit default                   Securities and Exchange Commission                         stated that the proposed exemption is
                                               spread of the issuing sovereign is 45                    requirements for money market mutual                       consistent with the Regulation 1.25
                                               basis points (‘‘BPS’’) or less. The                      funds,18 which have liquidity timing                       objectives of preserving principle and
                                               Commission explained that because the                    needs appropriately analogous to those                     maintaining liquidity.
                                               proposed order was not intended to                       of a DCO in this instance, and was                            All three commenters recommended
                                               expand the universe of permitted                         designed to ensure that the investments                    that the Commission expand the scope
                                               investments beyond instruments with a                    will mature relatively quickly,                            of the order to grant relief to additional
                                               risk profile similar to those that are                   providing the ICE DCOs with access to                      registrants. Eurex, a registered DCO,
                                               currently permitted, U.S. Government                     euro cash.                                                 requested that it be included within the
                                               Securities provide an appropriate                                                                                   scope of the exemption. CME
                                               benchmark to confine permitted                             To provide the ICE DCOs with the
                                                                                                                                                                   encouraged the Commission to include
                                               investments in foreign sovereign debt.                   ability to invest customer funds in the
                                                                                                                                                                   all DCOs in the scope of the exemption,
                                               The Commission proposed the cap of 45                    Designated Foreign Sovereign Debt, the
                                                                                                                                                                   and FIA recommended including all
                                               BPS based on a historical analysis of the                Commission proposed to exempt the                          DCOs and their FCM clearing members.
                                               two-year credit default spread of the                    ICE DCOs from the counterparty and                            CME and Eurex argued that
                                               United States (‘‘U.S. Spread’’). Forty-                  depository requirements of Regulation                      expanding the scope of the order is
                                               five BPS is approximately two standard                   1.25(d)(2) and (7), subject to conditions.                 consistent with the promotion of fair
                                               deviations above the mean U.S. Spread                    As a practical matter, complying with                      competition, which is one of the stated
                                               over the past eight years and represents                 these requirements would severely                          purposes of section 4(c) exemptions.21
                                               a risk level that the U.S. Spread has                    restrict the ICE DCOs’ ability to enter                    They also highlighted the benefits of
                                               exceeded approximately 5% of the time                    into repurchase agreements for                             investing customer funds in Designated
                                               over that period.17 The Proposed Order                   Designated Foreign Sovereign Debt.                         Foreign Sovereign Debt as justification
                                               provided that if the spread exceeds 45                     Specifically the Commission                              for expanding the scope of the order.
                                               BPS, the ICE DCOs would not be                           proposed to exempt the ICE DCOs from                       Eurex stated that investing in
                                               permitted to make new investments in                     the counterparty restrictions of                           Designated Foreign Sovereign Debt is
                                               the relevant debt. They also would not                   Regulation 1.25(d)(2), subject to the                      safer than holding euro cash at a
                                               need to immediately divest all current                   condition that counterparties be limited                   commercial bank. Additionally, CME
                                               investments, however, due to risks                       to certain categories that are intended to                 noted that investing in Designated
                                               associated with selling assets in a                      limit the risk associated with reverse                     Foreign Sovereign Debt promotes
                                               potentially volatile market. The                                                                                    effective management of liquidity risk
                                                                                                        repurchase transactions. The ICE DCOs
                                               Commission explained that prohibiting                                                                               by aligning collateral types with
                                                                                                        represented that the principal
                                               new investments, together with the                                                                                  potential liquidity obligations and by
                                                                                                        participants in the European sovereign
                                               length to maturity condition discussed                                                                              diversifying risk in the investment
                                                                                                        debt repurchase markets are non-U.S.
                                               immediately below, sufficiently protects                                                                            portfolio. CME further stated that
                                                                                                        banks, non-U.S. securities dealers, and
                                               customer funds in the event that a                                                                                  investments in Designated Foreign
                                               country’s Designated Foreign Sovereign                   foreign branches of U.S. banks. As a
                                                                                                        result, the counterparty requirements                      Sovereign Debt allow DCOs to better
                                               Debt were to exceed the 45 BPS spread                                                                               mitigate collateral concentration risk
                                               limit.                                                   under Regulation 1.25(d)(2) would
                                                                                                        significantly constrain the use of euro-                   and argued that these benefits are not
                                                  Third, the Commission proposed to                                                                                unique to any particular DCO.
                                               limit the length to maturity of direct                   denominated sovereign debt repurchase
                                                                                                                                                                      The Commission agrees that the
                                               investments in Designated Foreign                        agreements. Additionally, the ICE DCOs
                                                                                                                                                                   benefits of the Proposed Order are not
                                                                                                        represented that it would be impractical                   unique to the ICE DCOs and is
                                                 16 See 17 CFR 1.25(b)(4)(D) (2005) (providing that     and inefficient to hold such securities at                 accordingly expanding the scope of the
                                               sovereign debt is subject to the following limits: A     a U.S. custodian, and the Commission                       Proposed Order to permit all DCOs to
                                               futures commission merchant may invest in the            proposed to exempt the ICE DCOs from
                                               sovereign debt of a country to the extent it has                                                                    invest customer funds in Designated
                                               balances in segregated accounts owed to its
                                                                                                        the depository requirement of                              Foreign Sovereign Debt, subject to the
                                               customers denominated in that country’s currency;        Regulation 1.25(d)(7), so long as the                      conditions of the order. The
                                               a DCO may invest in the sovereign debt of a country      depository qualifies as a permitted                        Commission notes, however, that some
                                               to the extent it has balances in segregated accounts     depository under Regulation 1.49. The
                                               owed to its clearing member futures commission                                                                      DCOs have access to a central bank
                                               merchants denominated in that country’s currency).       Commission explained that the                              account for euro deposits and believes
                                                 17 The Commission reviewed the daily U.S.              proposed restrictions on permitted                         that such access can, in certain
                                               Spread from July 3, 2009 to July 3, 2017. Over this      counterparties and depositories are
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                                               time period, the U.S. Spread had a mean of               designed to ensure that the                                  19 82
                                               approximately 26.5 BPS and a standard deviation                                                                              FR 59586 (Dec. 15, 2017).
                                               of approximately 9.72 BPS. Over this same period,
                                                                                                        counterparties and depositories used by                      20 Letters were submitted by CME Group, Inc
                                               the two-year German spread exceeded 45 BPS               the ICE DCOs will be regulated entities                    (‘‘CME’’), Eurex Clearing AG (‘‘Eurex’’), and the
                                               approximately 6% of the time, and the two-year           comparable to those currently permitted                    Futures Industry Association (‘‘FIA’’). All comment
                                               French spread exceeded 45 BPS approximately 25%                                                                     letters are available through the Commission’s
                                                                                                        under Regulation 1.25(d)(2) and (7).                       website at: https://comments.cftc.gov/Public
                                               of the time. Neither the German nor the French two-
                                               year spread has exceeded 45 BPS since September                                                                     Comments/CommentList.aspx?id=2850.
                                               2012.                                                         18 See   17 CFR 270.2a–7.                                21 See 7 U.S.C. 6(c)(1).




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                                               35244                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               circumstances, reduce or eliminate the                   direct investments may unduly limit                   investments of customer funds in
                                               need for investing customer funds in                     investments in Designated Foreign                     Designated Foreign Sovereign Debt will
                                               Designated Foreign Sovereign Debt. The                   Sovereign Debt, and the Commission is                 be limited to the amount of euro cash
                                               Commission therefore encourages DCOs                     therefore amending the calculation of                 held by DCOs, the Commission does not
                                               to deposit customer euro with a central                  the limitation. Under the final order, the            believe that an asset-based
                                               bank when it is practical to do so.22 The                dollar-weighted average time-to-                      concentration limit is necessary.
                                               comments received did not provide                        maturity of all investments in                          In addition, the Commission is
                                               support for an expansion of the                          Designated Foreign Sovereign Debit,                   amending the Proposed Order to permit
                                               exemption to FCMs,23 a separate class of                 including repurchase agreements, may                  DCOs a reasonable amount of time after
                                               registrants subject to differing regulatory              not exceed 60 days. The Commission is                 the two-year CDS spread of France or
                                               obligations that the Commission would                    also, however, limiting individual direct             Germany exceeds 45 basis points to
                                               need to carefully consider on their own                  investments in Designated Foreign                     determine an appropriate alternative
                                               terms. As a result, the Commission                       Sovereign Debt to securities that have a              investment or depository for funds that
                                               declines to expand the order to permit                   remaining maturity of 180 days or less.               had been invested in a repurchase
                                               FCMs to invest customer funds in                         While the risk characteristics of                     agreement for the relevant Designated
                                               Designated Foreign Sovereign Debt at                     Designated Foreign Sovereign Debt are                 Foreign Sovereign Debt. The
                                               this time.                                               broadly comparable to those of U.S.                   Commission does not believe it is
                                                  Both Eurex and FIA encouraged the                     Government Securities, Designated                     prudent to immediately require DCOs to
                                               Commission to expand the weighted                        Foreign Sovereign Debt is somewhat                    locate depositories for potentially large
                                               average time-to-maturity limit beyond                    less liquid than U.S. Government                      amounts of cash without notice. The
                                               the proposed 60 days. Eurex                              Securities and the cap on the time-to-                order as revised will require DCOs to
                                               recommended limiting portfolios,                         maturity of individual investments is                 stop entering into repurchase
                                               including repurchase agreements, to a                    intended to address that reduced                      agreements as soon as practicable under
                                               two-year time-to-maturity requirement,                   liquidity.                                            the circumstances while the French or
                                               consistent with the current limit in                        FIA recommended using the five-year                German two-year CDS spread exceeds
                                               Regulation 1.25 for the overall portfolio                credit default swap (‘‘CDS’’) spread as               45 basis points. The Commission is not
                                               of investments purchased with customer                   the measure of credit quality for                     amending the restriction that no new
                                               funds. It argued that because the                        Designated Foreign Sovereign Debt,                    direct investments in the relevant debt
                                               Commission found the risk                                arguing that the two-year CDS is thinly               may be made if the two-year spread is
                                               characteristics of German and French                     traded and quoted compared to the five-               greater than 45 basis points.
                                               debt to be similar to those of U.S.                      year instrument. FIA recommended                        The Commission is also making a
                                               Government Securities, the same time-                    permitting investments in French and                  change to the Proposed Order to clarify
                                               to-maturity limit should apply. FIA                      German debt when the five-year CDS                    that the exemption to Regulation
                                               recommended using a six month time-                      spread is at 60 basis points or less.                 1.25(d)(2) and (7) only applies to
                                               to-maturity limit.24 Based on                               The Commission understands that the                investments in Designated Foreign
                                               discussions with trading desks at                        five-year CDS is more commonly traded                 Sovereign Debt and not all securities
                                               several member firms, FIA suggested                      than the two-year, but believes that the              purchased with customer funds.
                                               that the 60-day limit would be too                       two-year spread is more suitable for this               The Commission does not intend this
                                               restrictive. It explained that the new                   purpose because it more closely tracks                order to relieve a DCO of any obligation
                                               issuance supply of French and German                     the duration of the investments that                  relating to investments in Designated
                                               sovereign debt that could be used to                     DCOs will make in Designated Foreign                  Foreign Sovereign Debt that would
                                               satisfy this restriction is limited and                  Sovereign debt. While liquidity of the                apply if Designated Foreign Sovereign
                                               thinly traded and quoted, which could                    two-year product may not match that of                Debt were a permitted investment under
                                               force participants to invest in less-liquid              the five-year, the Commission believes                Commission Regulation 1.25. The
                                               secondary market securities. Further,                    that data and quotes on the two-year                  Commission is adding a new paragraph
                                               FIA noted that although the discussion                   spread are adequately available for their             to the order to clarify that certain
                                               of the proposed 60-day time-to-maturity                  intended use as a measure of                          Commission regulations apply to
                                               limit noted the SEC’s requirement for                    creditworthiness.                                     investments made pursuant to this
                                               mutual funds as a point of reference, the                   FIA noted that under the proposed                  order.
                                               SEC rule includes overnight repos in the                 exemption from Regulation 1.25(d)(2)
                                                                                                        and (7), the ICE DCOs would be                        VI. Order
                                               calculation, which significantly reduces
                                               the average time-to-maturity of the                      required to comply with the remaining                   After considering the above factors
                                               portfolio as a whole.                                    provisions of Regulation 1.25(d). FIA                 and the comment letters received in
                                                  The 60-day average time-to-maturity                   stated that these requirements provide                response to its request for comments,
                                               limitation as proposed to apply only to                  important protections for customer                    the Commission has determined to issue
                                                                                                        funds employed in repurchase                          the following:
                                                  22 See Comm. on Payment and Settlement Sys.           agreements and should not be waived.                    (1) The Commission, pursuant to its
                                               and Technical Comm. of the Int’l Org. of Sec.            The Commission agrees and confirms                    authority under section 4(c) of the
                                               Comm’ns [CPSS–IOSCO, now CPMI–IOSCO]
                                               Principles for Financial Market Infrastructures,         that DCOs must continue to comply                     Commodity Exchange Act (‘‘Act’’) and
                                               Princ. 7 Key Consideration 8 (2012) (‘‘An FMI with       with all requirements in Regulation 1.25              subject to the conditions below, hereby
                                               access to central bank accounts, payment services,       not exempted by the order.                            grants registered derivatives clearing
                                               or security services should use these services,             Eurex requested the Commission                     organizations (‘‘DCOs’’) a limited
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                                               where practical, to enhance its management of
                                               liquidity risk.’’).                                      clarify that like U.S. Government                     exemption to section 4d of the Act and
                                                  23 See FIA comment letter at 3 (providing only        Securities, Foreign Sovereign Debt is not             to Commission Regulation 1.25(a) to
                                               that ‘‘[w]e see no reason why the proposed relief        subject to an asset-based concentration               permit all registered DCOs to invest
                                               should not be’’ available to FCMs holding euro-          limit. The Commission confirms that the               euro-denominated futures and cleared
                                               denominated segregated balances).
                                                  24 FIA did not specify whether repurchase
                                                                                                        order does not subject Designated                     swap customer funds in euro-
                                               agreements would be included in the calculation of       Foreign Sovereign Debt to an asset-                   denominated sovereign debt issued by
                                               the time-to-maturity limit it proposed.                  based concentration limit. Because                    the French Republic and the Federal


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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                             35245

                                               Republic of Germany (‘‘Designated                        Bundesanstalt für                                    of the exemptive order are the costs and
                                               Foreign Sovereign Debt’’).                               Finanzdienstleistungsaufsicht (BaFin),                benefits that DCOs and the public
                                                 (2) The Commission, subject to the                     the French Autorité Des Marchés                     would face if the Commission does not
                                               conditions below, additionally grants:                   Financiers (AMF) or Autorité de                      grant the order, or in other words, the
                                                 (a) A limited exemption to                             Contrôle Prudentiel et de Résolution                status quo. In that scenario, DCOs
                                               Commission Regulation 1.25(d)(2) to                      (ACPR), or the Italian Commissione                    would be limited to investing customer
                                               permit registered DCOs to use customer                   Nazionale per le Società e la Borsa                  funds in the instruments listed in
                                               funds to enter into repurchase                           (CONSOB); or                                          Regulation 1.25.
                                               agreements for Designated Foreign                           (iii) The European Central Bank, the
                                                                                                        Deutsche Bundesbank, or the Banque de                 2. Costs and Benefits
                                               Sovereign Debt with foreign banks and
                                               foreign securities brokers or dealers; and               France.                                                  The costs and benefits of the order are
                                                 (b) A limited exemption to                                (f) A DCO may hold customer                        not presently susceptible to meaningful
                                               Commission Regulation 1.25(d)(7) to                      Designated Foreign Sovereign Debt                     quantification. Therefore, the
                                               permit registered DCOs to hold                           purchased under a repurchase                          Commission discusses costs and
                                               Designated Foreign Sovereign Debt                        agreement with a depository that does                 benefits in qualitative terms.
                                               purchased under a repurchase                             not meet the requirements of                             The Commission does not believe
                                               agreement in a safekeeping account at a                  Commission Regulation 1.25(d)(7) only                 granting the exemption will impose
                                               foreign bank.                                            if the depository meets the location and              additional costs on DCOs. The order
                                                 (3) This order is subject to the                       qualification requirements contained in               permits but does not require DCOs to
                                               following conditions:                                    Commission Regulation 1.49(c) and (d)                 invest customer funds in Designated
                                                 (a) Investments of customer funds in                   and if the account complies with the                  Foreign Sovereign Debt. Each DCO may
                                               Designated Foreign Sovereign Debt by a                   requirements of Commission Regulation                 therefore decide whether to accept any
                                               DCO must be limited to investments                       1.26.                                                 costs and benefits of an investment. The
                                               made with euro customer cash.                               (4) A DCO must continue to comply                  Commission also does not expect the
                                                 (b) If the two-year credit default                     with all other requirements in                        order to impose additional costs on
                                               spread of an issuing sovereign of                        Commission Regulation 1.25, including                 other market participants or the public,
                                               Designated Foreign Sovereign Debt is                     but not limited to the counterparty                   which do not face any direct costs from
                                               greater than 45 basis points:                            concentration limits in Commission                    the order. While other market
                                                 (i) A DCO must discontinue investing                   Regulation 1.25(b)(3)(v), and other                   participants or the public could
                                               customer funds in the relevant debt                      applicable Commission regulations.                    potentially face costs from riskier
                                               through repurchase transactions as soon                     (5) Investments made pursuant to this              investment activity leading to financial
                                               as practicable under the circumstances;                  order will be considered ‘‘instruments                instability at a DCO, the Commission
                                                 (ii) A DCO may not make any new                        described in § 1.25’’ for the purposes of             believes that this is unlikely, because
                                               direct investments in the relevant debt                  Commission Regulation 1.29 and will be                the order prescribes limits on
                                               using customer funds. Direct investment                  considered to be made ‘‘in accordance                 investments of customer funds in
                                               refers to purchases of Designated                        with § 1.25’’ for the purposes of                     Designated Foreign Sovereign Debt
                                               Foreign Sovereign Debt unaccompanied                     Commission Regulation 22.3.                           designed to preserve principal and
                                               by a contemporaneous agreement to                        IV. Related Matters                                   maintain liquidity. In addition, the
                                               resell the securities.                                                                                         flexibility to hold customer funds in
                                                 (c) The dollar-weighted average of the                 A. Paperwork Reduction Act                            Designated Foreign Sovereign Debt
                                               time-to-maturity of a DCO’s portfolio of                    The Paperwork Reduction Act                        rather than in euro cash at a commercial
                                               investments in each sovereign’s                          (‘‘PRA’’) imposes certain requirements                bank provides risk management benefits
                                               Designated Foreign Sovereign Debt may                    on federal agencies (including the                    as described above.
                                               not exceed 60 days.                                      Commission) in connection with their                     The Commission believes that DCOs
                                                 (d) A DCO may not make a direct                        conducting or sponsoring any collection               will benefit from the order. The
                                               investment in any Designated Foreign                     of information as defined by the PRA.                 exemption provides DCOs additional
                                               Sovereign Debt that has a remaining                      This exemptive order does not involve                 flexibility in how they manage and hold
                                               maturity of greater than 180 calendar                    a collection of information.                          customer funds and allows them to
                                               days.                                                    Accordingly, the PRA does not apply.                  improve the risk management of their
                                                 (e) A DCO may use customer funds to                                                                          customer accounts. Further, if DCOs
                                               enter into repurchase agreements for                     B. Cost-Benefit Analysis                              invest customer funds in Designated
                                               Designated Foreign Sovereign Debt with                      Section 15(a) of the CEA requires the              Foreign Sovereign Debt, other
                                               a counterparty that does not meet the                    Commission to consider the costs and                  participants in the relevant market may
                                               requirements of Commission Regulation                    benefits of its action before issuing an              benefit from the additional liquidity.
                                               1.25(d)(2) only if the counterparty is:                  order under the CEA. By its terms,                    Moreover, as described above, it is safer
                                                 (i) A foreign bank that qualifies as a                 section 15(a) does not require the                    from a risk management perspective to
                                               permitted depository under Commission                    Commission to quantify the costs and                  hold Foreign Sovereign Debt in a
                                               Regulation 1.49(d)(3) and that is located                benefits of an order or to determine                  safekeeping account than to hold euro
                                               in a money center country (as defined                    whether the benefits of the order                     cash at a commercial bank. Therefore,
                                               in Commission Regulation 1.49(a)(1)) or                  outweigh its costs. Rather, section 15(a)             market participants and the public may
                                               in another jurisdiction that has adopted                 simply requires the Commission to                     also benefit from the exemption.
                                               the euro as its currency;                                ‘‘consider the costs and benefits’’ of its
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                                                 (ii) A securities dealer located in a                                                                        3. Section 15(a) Factors
                                                                                                        action. The Commission did not receive
                                               money center country as defined in                       any comments on its proposed costs and                   Section 15(a) of the CEA further
                                               Commission Regulation 1.49(a)(1) that is                 benefits.                                             specifies that costs and benefits shall be
                                               regulated by a national financial                                                                              evaluated in light of five broad areas of
                                               regulator such as the UK Prudential                      1. Baseline                                           market and public concern: protection
                                               Regulation Authority or Financial                           The Commission’s baseline for                      of market participants and the public;
                                               Conduct Authority, the German                            consideration of the costs and benefits               efficiency, competitiveness, and


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                                               35246                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               financial integrity of futures markets;                    Issued in Washington, DC, on July 19,               Department of Defense (DoD) and the
                                               price discovery; sound risk management                   2018, by the Commission.                              Designated Federal Officer, the meeting
                                               practices; and other public interest                     Robert Sidman,                                        schedule for the previously announced
                                               considerations. The Commission could                     Deputy Secretary of the Commission.                   meeting of the Board of Visitors of the
                                               in its discretion give greater weight to                                                                       U.S. Air Force Academy on July 27,
                                                                                                        Appendix To Order Granting
                                               any one of the five enumerated areas                                                                           2018 was changed and the Designated
                                                                                                        Exemption From Certain Provisions of
                                               and could in its discretion determine                                                                          Federal Officer to the Board of Visitors
                                                                                                        the Commodity Exchange Act
                                               that, notwithstanding its costs, a                                                                             of the U.S. Air Force Academy was
                                                                                                        Regarding Investment of Customer
                                               particular order was necessary or                                                                              unable to provide sufficient public
                                                                                                        Funds and From Certain Related
                                               appropriate to protect the public interest                                                                     notification of this change as required
                                                                                                        Commission Regulations—Commission
                                               or to effectuate any of the provisions or                                                                      by 41 CFR 102–3.150(a). Accordingly,
                                                                                                        Voting Summary
                                               to accomplish any of the purposes of the                                                                       the Advisory Committee Management
                                                                                                          On this matter, Chairman Giancarlo and              Officer for the Department of Defense,
                                               CEA. The Commission is considering                       Commissioners Quintenz and Behnam voted               pursuant to 41 CFR 102–3.150(b),
                                               the costs and benefits of this exemptive                 in the affirmative. No Commissioner voted in          waives the 15-calendar day notification
                                               order in light of the specific provisions                the negative.                                         requirement. This meeting is being held
                                               of section 15(a) of the CEA, as follows:                 [FR Doc. 2018–15860 Filed 7–24–18; 8:45 am]
                                                                                                                                                              under the provisions of the Federal
                                                                                                        BILLING CODE 6351–01–P
                                                  1. Protection of market participants                                                                        Advisory Committee Act (FACA) of
                                               and the public. As described above,                                                                            1972 (5 U.S.C., Appendix, as amended),
                                               investing in the Designated Foreign                                                                            the Government in the Sunshine Act of
                                               Sovereign Debt as requested by the                       DEPARTMENT OF DEFENSE                                 1976 (5 U.S.C. 552b, as amended), and
                                               Petitioners can provide risk                                                                                   41 CFR 102–3.140 and 102–3.150.
                                                                                                        Office of the Department of the Air
                                               management benefits relative to the                                                                               Purpose of the Meeting: No change.
                                                                                                        Force
                                               current alternative of holding euro                                                                               Agenda:
                                               collateral in a commercial bank.                         Board of Visitors of the U.S. Air Force               0730–0735 Introductions & opening
                                               Granting the exemption thus serves to                    Academy; Notice of Federal Advisory                        remarks by Designated Federal
                                               protect market participants and the                      Committee Meeting                                          Officer (Ms. Love)
                                               public.                                                                                                        0735–0740 Call to Order and Agenda
                                                                                                        AGENCY: Board of Visitors of the U.S. Air                  Overview, BoV Chairman: Gen (Ret)
                                                  2. Efficiency, competition, and                       Force Academy, Department of the Air                       Rice
                                               financial integrity. Granting the                        Force.                                                0740–0745 Chairman’s Opening
                                               exemption may increase efficiency by                     ACTION: Notice of Federal Advisory                         Comments
                                               providing DCOs additional flexibility in                 Committee meeting.                                    0745–0845 Superintendent’s Update
                                               how they manage customer funds.                                                                                0845–0900 Comfort Break
                                               Making the investments permitted by                      SUMMARY:   On Thursday, July 5, 2018,
                                                                                                                                                              0900–0945 Commandant’s Update
                                               the order is elective, within the                        the Department of Defense published a                 0945–1030 Dean’s Update
                                               discretion of each DCO, and thus does                    notice to announce a Federal Advisory                 1030–1100 SAPR Update
                                               not impose additional costs. Further, as                 Committee meeting of the Board of                     1100–1130 CCLD’s Update
                                               discussed in the above, DCOs can                         Visitors of the U.S. Air Force Academy                1130–1215 BREAK: Group Photo,
                                               exercise prudent risk management by                      to be held on July 27, 2018. Subsequent                    Lunch served
                                               investing in the Designated Foreign                      to the publication of the notice, the                 1215–1315 Admissions Update
                                                                                                        meeting timeframe for opening and                     1315–1330 Comfort Break
                                               Sovereign Debt, which may enhance the
                                                                                                        closing was changed, as well as part of               1330–1400 Athletic Director’s Update
                                               financial integrity of the DCO.
                                                                                                        the order of agenda topics. All other                 1400–1430 Superintendent’s Summary
                                                  3. Price discovery. The exemption is                  information in the July 5, 2018 notice                     Remarks
                                               unlikely to impact price discovery in                    remains the same.                                     1430–1500 Chairman’s Concluding
                                               the derivatives markets.                                 DATES: Open to the public Friday July                      Remarks
                                                  4. Sound risk management practices.                   27, 2018 from 7:30 a.m. to 3:00 p.m.                  1500 Public Comment/Adjourn (DFO)
                                               As described above, investing customer                   (Mountain Time).                                         Meeting Accessibility: Open to the
                                               funds in the Designated Foreign                          ADDRESSES: United States Air Force                    public subject to the availability of
                                               Sovereign Debt is intended to advance                    Academy, Blue and Silver Club,                        space. Registration of members of the
                                               sound risk management practices,                         Colorado Springs, CO.                                 public who wish to attend the meeting
                                               including by limiting custodian and                      FOR FURTHER INFORMATION CONTACT: Jean                 will begin upon publication of this
                                               collateral concentration risks.                          R. Love, (703) 692–7757 (Voice), 703–                 meeting notice and end three business
                                                  5. Other public interest                              693–4244 (Facsimile), jean.r.love.civ@                days (24 July) prior to the start of the
                                               considerations. The Commission                           mail.mil (Email). Mailing address is                  meeting. All members of the public
                                               believes that the relevant cost-benefit                  SAF/MRM, 1660 Air Force Pentagon,                     must contact Capt Campos at the phone
                                                                                                        Washington, DC 20330–1660. Website:                   number or email listed in the FOR
                                               considerations are captured in the four
                                                                                                        https://www.usafa.edu/about/bov/.                     FURTHER INFORMATION CONTACT. Seating
                                               factors above.                                             Captain Natalie Campos, Officer of the              is limited and is on a first-to-arrive
                                                                                                        Deputy Assistant Secretary of the Air                 basis. Attendees will be asked to
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                                                                                                        Force, SAF/MRM, Executive Officer and                 provide their name, title, affiliation, and
                                                                                                        Force Management Action Officer, 1660                 contact information to include email
                                                                                                        Air Force Pentagon, Washington, DC                    address and daytime telephone number
                                                                                                        20330, (703) 697–7058,                                to the POC listed in the FOR FURTHER
                                                                                                        natalie.m.campos.mil@mail.mil.                        INFORMATION CONTACT section. Any
                                                                                                        SUPPLEMENTARY INFORMATION: Due to                     interested person may attend the
                                                                                                        circumstances beyond the control of the               meeting, file written comments or


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Document Created: 2018-07-25 00:44:40
Document Modified: 2018-07-25 00:44:40
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
ActionOrder.
DatesApplicable as of July 25, 2018.
ContactEileen A. Donovan, Deputy Director, (202) 418-5096, [email protected], Division of Clearing and Risk, or Lihong McPhail, Research Economist, (202) 418-5722, [email protected], Office of the Chief Economist, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; or Tad Polley, Associate Director, (312) 596-0551, [email protected]c.gov, or Scott Sloan, Attorney-Advisor, (312) 596-0708, [email protected], Division of Clearing and Risk, Commodity Futures Trading Commission, 525 West Monroe Street, Chicago, Illinois 60661.
FR Citation83 FR 35241 

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