83 FR 54156 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to the Clearing Rules and the CDS Procedures

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 208 (October 26, 2018)

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54156-54157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23389]



[[Page 54156]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84464; File No. SR-ICEEU-2018-017]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating to Amendments to the Clearing Rules and the CDS Procedures

October 22, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 
1934, as amended (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is 
hereby given that on October 15, 2018, ICE Clear Europe Limited (``ICE 
Clear Europe'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule changes described in Items I, II and 
III below, which Items have been prepared primarily by ICE Clear 
Europe. Ice Clear Europe filed the proposed rule change pursuant to 
Section 19(b)(3)(A) \3\ of the Act and subparagraph (f)(4) \4\ of Rule 
19b-4 thereunder. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    ICE Clear Europe Limited proposes to modify certain provisions of 
its CDS Procedures (the ``CDS Procedures'') and its Clearing Rules (the 
``Rules'') \5\ to account for a change in the DC Secretary for the 
Credit Derivatives Determinations Committees.
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    \5\ Capitalized terms used but not defined herein have the 
meanings specified in the Rules and CDS Procedures.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

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

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

(a) Purpose
    ICE Clear Europe proposes to modify certain provisions of its CDS 
Procedures and its Rules to account for an expected change in the DC 
Secretary for the Credit Derivatives Determinations Committees. The DC 
Secretary performs certain administrative functions in respect of the 
Credit Derivatives Determinations Committees that make certain 
determinations relevant to cleared CDS Contracts under the Rules and 
CDS Procedures. The International Swaps and Derivatives Association 
(``ISDA''), which currently serves as the DC Secretary, has announced 
that it intends to cease performing that role and that it has appointed 
a new DC Secretary. Once the transition is complete, certain references 
in the Rules and CDS Procedures to ISDA will no longer be accurate.
    The amendments will add a new term in the CDS Procedures for ``DC 
Secretary,'' which will mean ISDA or such other secretary of the Credit 
Derivatives Determinations Committees as may be appointed from time to 
time under the Credit Derivatives Determinations Committees Rules to 
carry out the functions required thereunder. Certain references to 
actions by ISDA will be modified to refer to actions by either ISDA or 
the DC Secretary. Specifically, the definition of ``RMP Deadline 
Time'', which is a deadline for certain obligations upon a Relevant 
Restructuring Event, is being modified such that ``the date of 
publication by ISDA of the Final List'' will become ``the date of 
publication by ISDA or DC Secretary of the Final List''. Section 6.5(d) 
relating to Deliverable Obligations disputes will be amended such that 
relevant time periods will refer to the date on which ISDA or DC 
Secretary publicly announces the resolution of the Credit Derivatives 
Determinations Committee.
    Further pursuant to the proposed amendments, the definition of 
``Determining Body'' in the Rules is being amended to clarify that 
neither the Credit Derivatives Determination Committee nor a secretary 
of the Credit Derivatives Determination Committee (or any such other 
body or Person) is a Representative or committee of the Clearing House.
(b) Statutory Basis
    ICE Clear Europe believes that the changes described herein are 
consistent with the requirements of Section 17A of the Act \6\ and the 
regulations thereunder applicable to it. Section 17A(b)(3)(F) of the 
Act \7\ in particular requires, among other things, that the rules of 
the clearing agency be designed to promote the prompt and accurate 
clearance and settlement of securities transactions and, to the extent 
applicable, derivative agreements, contracts and transactions, to 
assure the safeguarding of securities and funds in the custody or 
control of the clearing agency or for which it is responsible and the 
protection of investors, and, in general, protect investors and the 
public interest. The proposed amendments are designed to address 
industry changes resulting in the appointment of a new DC Secretary for 
the Credit Derivatives Determinations Committees. Amending the CDS 
Procedures and Rules to be consistent with these industry changes 
ensures that they will continue to be effective for announcements or 
other actions by the DC Secretary. The amendments do not affect the 
substantive terms of cleared CDS Contracts. As a result, in ICE Clear 
Europe's view, the amendments are consistent with the prompt and 
accurate clearance and settlement of transactions and the protection of 
investors and the public interest (and will not affect the safeguarding 
of securities or funds in the custody or control of the clearing agency 
or for which it is responsible).
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    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule changes would 
have any impact, or impose any burden, on competition not necessary or 
appropriate in furtherance of the purpose of the Act. The proposed 
changes to the CDS Procedures and the Rules are intended to accommodate 
an industry-wide change in the administration of the Credit Derivatives 
Determination Committees, and will not change the substantive terms of 
cleared CDS Contracts. The change will apply uniformly across all CDS 
Clearing Members and market participants. ICE Clear Europe does not 
believe the amendments will adversely affect competition among CDS 
Clearing Members, the cost of clearing, or the ability of market 
participants to clear CDS contracts generally. Therefore, ICE Clear 
Europe does not believe the proposed rule changes impose any burden on 
competition that is inappropriate in furtherance of the purposes of the 
Act.

[[Page 54157]]

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been 
solicited or received by ICE Clear Europe. ICE Clear Europe will notify 
the Commission of any comments received with respect to the proposed 
rule change.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act and paragraph (f) of Rule 19b-4 thereunder. At 
any time within 60 days of the filing of the proposed rule change, the 
Commission summarily may temporarily suspend such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include 
File Number SR-ICEEU-2018-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2018-017. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Section, 100 F Street NE, Washington, 
DC 20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filings will also be available for inspection 
and copying at the principal office of ICE Clear Europe and on ICE 
Clear Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings. All comments received will be posted 
without change. Persons submitting comments are cautioned that we do 
not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
ICEEU-2018-017 and should be submitted on or before November 16, 2018.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-23389 Filed 10-25-18; 8:45 am]
 BILLING CODE 8011-01-P