83_FR_64410 83 FR 64171 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, Relating to Amendments to the ICE Clear Europe Limited Liquidity Plan

83 FR 64171 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, Relating to Amendments to the ICE Clear Europe Limited Liquidity Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64171-64173
FR Document2018-26945

Federal Register, Volume 83 Issue 239 (Thursday, December 13, 2018)
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64171-64173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26945]



[[Page 64171]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84754; File No. SR-ICEEU-2018-015]


Self-Regulatory Organizations; ICE Clear Europe Limited; Notice 
of Filing of Amendment No. 1 and Order Granting Accelerated Approval of 
a Proposed Rule Change, as Modified by Amendment No. 1, Relating to 
Amendments to the ICE Clear Europe Limited Liquidity Plan

December 7, 2018.

I. Introduction

    On October 22, 2018, ICE Clear Europe Limited (``ICE Clear 
Europe'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change (SR-ICEEU-2018-015) to amend its Liquidity Plan 
\3\ to (i) refer to approved financial institutions (``AFI'') (such as 
investment agents and custodians) more generally, rather than to 
specific institutions; (ii) add an additional default scenario; (iii) 
revise procedures related to liquid resources and make other 
miscellaneous updates, including (a) clarifying the sources of 
liquidity to be relied upon in stress scenarios, (b) indicating which 
resources are excluded from those considered potential sources of 
liquidity, (c) updating key risk and performance indicators used in 
determining credit and liquidity standards of investments, and (d) 
removing unnecessary risk default scenarios and correcting 
typographical errors; and (iv) streamline its internal reporting 
process. The proposed rule change was published for comment in the 
Federal Register on November 9, 2018.\4\ On November 30, ICE Clear 
Europe filed Amendment No. 1 to the proposed rule change to make a 
technical change to the Liquidity Plan. The Commission did not receive 
comments on the proposed rule change. The Commission is publishing this 
notice to solicit comment on Amendment No. 1 from interested persons 
and is approving the proposed rule change, as modified by Amendment No. 
1, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used in this order, but not defined 
herein, have the same meaning as in the ICE Clear Europe Rules.
    \4\ Securities and Exchange Act Release No. 34-84533 (November 
5, 2018), 83 FR 56107 (November 9, 2018) (SR-ICEEU-2018-015) 
(``Notice'').
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II. Description of the Proposed Rule Change

A. Changes to Approved Financial Institution

    ICE Clear Europe proposes to amend its Liquidity Plan to reflect 
changes in its treasury arrangements and certain other enhancements.\5\ 
Specifically, the approved AFI default and AFI plus Member default 
liquidity stress testing scenarios have been revised to refer to AFIs 
more generally, rather than to specific institutions.\6\ Currently, 
these two scenarios refer to specific institutions. However, ICE Clear 
Europe believes that because it may use a number of different financial 
institutions in these roles at various times, not naming a specific 
institution would assist in keeping its Liquidity Plan up to date as 
these service providers change.\7\
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    \5\ Notice, 83 FR 56107.
    \6\ Id.
    \7\ Id.
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B. Additional Default Scenario

    ICE Clear Europe proposes to amend the Liquidity Plan to add a new 
Central Securities Depository (CSD) default scenario, which is defined 
as a CSD being unable to process settlements.\8\ Currently, the 
Liquidity Plan does not have a stress testing scenario assessing the 
liquidity impact of the possibility that CSDs such as Euroclear Bank or 
Euroclear UK & Ireland cease to be functional and not able to process 
settlements. Under the scenario being proposed, available liquidity is 
assessed against the expected net cash payment outflow for a single day 
on a per currency basis, to determine if such a default could result in 
a delay in payment to clearing members.\9\
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    \8\ Id.
    \9\ Id.
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C. Updates and Clarifications to Liquidity Stress Testing Scenarios

    Other proposed updates and clarifications to the Liquidity Plan 
include: adding intra-day overdraft facilities to the sources used for 
the risk tolerance and risk appetite evaluations in the liquidity 
stress testing scenarios; eliminating references to an ICE Inc. (ICE 
Clear Europe's parent company) credit facility; in calculating the 
investment loss component of liquidity stress losses in clearing member 
default scenario, time deposits are assumed to have a 100% liquidity 
loss; for liquidity stress testing scenarios that look at cash invested 
with a one-day maturity, U.S. dollar investments in reverse repurchase 
agreements in assets denominated in Euro or pounds sterling will be 
excluded from available liquidity resources and cross-currency 
investments for Euro and British pounds sterling balances are not 
permitted; key risk and performance indicators used by ICE Clear Europe 
to determine if investments meet its credit and liquidity standards 
have been added; typographical errors corrected and a cross-reference 
to various treasury operating procedures was updated; and certain risk 
default scenarios have been removed.\10\
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    \10\ Id.
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D. Changes in Reporting and Governance

    ICE Clear Europe has also proposed changes related to its internal 
reporting process. Specifically, several weekly and monthly liquidity 
reports will no longer be sent to the Board Risk Committee and the 
Board. Instead, the Audit Committee will receive certain liquidity 
metrics, the Business Risk Committee will receive a liquidity 
management summary and other summary data, and the Board will receive 
collateral and investment data, certain liquidity metrics and 
assessments, and key risk and performance indicators.\11\
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    \11\ Id.
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    Other proposed revisions to the Liquidity Plan include that the 
Executive Risk Committee, as opposed to the Business Control Committee, 
will review the plan annually and that aspects of the Liquidity Plan 
will be tested annually.\12\
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    \12\ Id.
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III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and the rules and regulations thereunder applicable to such 
organization.\13\ For the reasons given below, the Commission finds 
that the proposal is consistent with Section 17A(b)(3)(F) of the Act, 
and Rule 17Ad-22(e)(7).
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    \13\ 15 U.S.C. 78s(b)(2)(C).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act requires, among other things, that 
the rules of a registered clearing agency be designed to promote the 
prompt and accurate clearance and settlement of securities transactions 
and, to the extent applicable, derivatives agreements,

[[Page 64172]]

contracts and transactions, and to assure the safeguarding of 
securities and funds which are in the custody or control of the 
clearing agency or for which it is responsible and, in general, to 
protect investors and the public interest.\14\
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    \14\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that the proposed changes described above, 
taken as a whole, should improve ICE Clear Europe's ability to monitor 
and test its liquidity in a variety of scenarios. First, by referring 
to AFIs generally, ICE Clear Europe can efficiently plan for the 
default by any AFI rather than having its plans linked to a particular 
financial institution. This gives ICE Clear Europe the ability to 
replace an AFI with another AFI without needing to first change the 
text of its Liquidity Plan. This in turn would promote ICE Clear 
Europe's ability manage the liquidity needed to promptly and accurately 
clear and settle securities transactions and to safeguard the 
securities and funds which are in its custody or control or for which 
it is responsible by helping to ensure that ICE Clear Europe always has 
an AFI to serve as an investment agent and/or custodian.
    Similarly, the Commission believes that the other amendments 
described above serve to enhance the Liquidity Plan, thereby promoting 
prompt and accurate clearance and settlement and the safeguarding of 
funds and securities. For example, the Commission believes that adding 
a new default scenario to liquidity stress testing and clarifying the 
sources used to evaluate risk tolerance and appetite would enhance ICE 
Clear Europe's ability to use the Liquidity Plan to anticipate 
liquidity risks and the sources necessary to cope with such risks. 
Further, the Commission believes that excluding investments in 
repurchase agreements with foreign currency as collateral from 
available liquid resources would assist ICE Clear Europe in avoiding 
reliance on assets considered to contain more risk, thereby bolstering 
ICE Clear Europe's overall approach to liquidity management. Likewise, 
the Commission believes that the manner in which ICE Clear Europe has 
added to and revised its key risk and performance indicators would 
enhance the compliance tool used to test if investments made by 
investment agents meet credit and liquidity requirements. As a result, 
the Commission believes that these proposed changes to the Liquidity 
Plan would in turn assist ICE Clear Europe in maintaining a level of 
liquidity sufficient to promptly and accurately clear and settle 
transactions and safeguard securities and funds. The Commission 
therefore finds that the proposed rule changes are consistent with the 
requirements of Section 17A(b)(3)(F) of the Act.\15\
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    \15\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(7)

    Rule 17Ad-22(e)(7) requires in relevant part that a clearing agency 
establish, implement, maintain and enforce written policies and 
procedures reasonably designed to effectively measure, monitor, and 
manage the liquidity risk that arises in or is borne by it, including 
through liquidity testing and by holding qualified liquid 
resources.\16\ As described above, ICE Clear Europe proposes to refer 
in its liquidity stress testing procedures to third party financial 
institutions that serve as investment agents or custodians in general 
terms rather than naming a specific institution. The Commission 
believes that this change would bolster the Liquidity Plan by enhancing 
the efficiency of the process ICE Clear Europe will use to account for 
changes in such agents. This in turn would contribute to ICE Clear 
Europe's ability to manage its liquidity risks.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17Ad-22(e)(7).
---------------------------------------------------------------------------

    As described above, ICE Clear Europe proposes to add a CSD default 
scenario to its stress testing procedures. The Commission believes that 
adding another default scenario would enhance ICE Clear Europe's 
Liquidity Plan by anticipating specifically how to prepare for a 
default of a key participant in the clearing process, thereby 
furthering ICE Clear Europe's ability to effectively measure, monitor, 
and manage its liquidity risk.
    The Commission believes that the various other updates to the 
Liquidity Plan described above would help ICE Clear Europe to 
effectively measure, monitor, and manage its liquidity risk. For 
instance, clarifying in the Liquidity Plan that ICE Clear Europe has 
intra-day overdraft facilities to rely upon in various stress scenarios 
would explain with greater specificity what sources of liquidity are 
available to ICE Clear Europe to manage its liquidity risk. 
Additionally, as noted above, other changes to the Liquidity Plan 
include the fact that time deposits are assumed to have 100% liquidity 
loss similar to other unsecured investments and that in scenarios which 
include cash invested with a one day maturity, collateral underlying 
investments that are denominated in foreign currency are excluded from 
available liquid resources. The Commission believes that these changes 
would enhance ICE Clear Europe's ability to manage liquidity risk by 
specifying more clearly which resources constitute potential measures 
to manage liquidity risk for the purposes of Rule 17Ad-22(e)(7) and 
which resources do not.
    As described above, the Liquidity Plan also updates the table of 
key performance indicators that it uses to determine if investments 
meet credit and liquidity standards. For instance, the Liquidity Plan 
now includes, among others, ratings checks for unsecured investments 
and repo balance per counterparty. The Commission believes the proposed 
changes to the key risk and performance indicators would enhance ICE 
Clear Europe's liquidity monitoring by giving it more tools to monitor 
investments and hence its liquidity.
    As described above, ICE Clear Europe also is revising its reporting 
process so that certain reports would no longer be routinely provided 
to the Board but rather to the Audit and Business Risk Committees. The 
Commission believes these changes would enhance the Liquidity Plan by 
prioritizing reporting to the most relevant level. Additionally, ICE 
Clear Europe is revising its procedures so that certain testing is done 
on an annual rather than periodic basis, the Liquidity Plan is reviewed 
by the Executive Risk Committee, and certain irrelevant risk default 
scenarios have been removed. Overall, the Commission believes that 
these changes will enable ICE Clear Europe to efficiently measure and 
monitor its liquidity risk by ensuring that relevant scenarios are 
reviewed by appropriate staff on a regular basis.
    As a result of the foregoing, the Commission finds that the 
proposed rule change is consistent with the requirements of Rule 17Ad-
22(e)(7).\17\
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    \17\ Id.
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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-2018-015 on the subject line.

[[Page 64173]]

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-2018-015. 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 Room, 100 F Street, NE, Washington, 
DC 20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of such filings will also be available for inspection 
and copying at the principal office of ICE Clear Europe and on ICE 
Clear Europe's website at https://www.theice.com/clear-europe/regulation#rule-filing. 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-2018-015 
and should be submitted on or before January 3, 2019.

V. Accelerated Approval of Proposed Rule Change, as Modified by 
Amendment No. 1

    In its filing, ICE Clear Europe requested that the Commission grant 
accelerated approval of the proposed rule change pursuant to Section 
19(b)(2) of the Exchange Act.\18\ Under Section 19(b)(2)(C)(iii) of the 
Act,\19\ the Commission may grant accelerated approval of a proposed 
rule change if the Commission finds good cause for doing so. ICE Clear 
Europe believes that accelerated approval is warranted because the 
proposed rule change, as modified by Amendment No. 1, is not expected 
to change the rights or obligations of clearing members or other 
persons using the clearing service or the terms or conditions of any 
cleared contract. Accordingly, ICE Clear Europe does not believe that 
any delay in implementing amendments with respect to such matters will 
benefit clearing members, their customers or any other market 
participants. Rather, ICE Clear Europe is seeking to enable the full 
onboarding of additional treasury service providers as soon as 
possible.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
    \19\ 15 U.S.C. 78s(b)(2)(C)(iii).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 
19(b)(2)(C)(iii) of the Act,\20\ for approving the proposed rule 
change, as modified by Amendment No. 1, on an accelerated basis, prior 
to the 30th day after the date of publication of notice in the Federal 
Register, because the proposed rule change is required as soon as 
possible in order to facilitate ICE Clear Europe's efforts to provide 
further treasury services. The Commission also finds good cause to 
approve the proposed rule change, as modified by Amendment No. 1, prior 
to the thirtieth day after the date of publication of the notice of 
Amendment No. 1 in the Federal Register. As discussed above, ICE Clear 
Europe submitted Amendment No. 1 to make a technical change to the 
Liquidity Plan. The Commission believes that Amendment No. 1 does not 
raise any novel issues or alter the proposed changes in any way. In 
addition, the Commission finds that the proposed rule change, as 
modified by Amendment No. 1, is consistent with the Exchange Act and 
applicable rules thereunder for the reasons discussed above. 
Accordingly, the Commission finds good cause to approve the proposed 
rule change, as modified by Amendment No. 1, on an accelerated basis, 
pursuant to Section 19(b)(2) of the Exchange Act.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(C)(iii).
---------------------------------------------------------------------------

VI. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed rule change is consistent with the requirements of Section 17A 
of the Act,\21\ and Rule 17Ad-22(e)(7) \22\ thereunder.
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    \21\ 15 U.S.C. 78q-1.
    \22\ 17 CFR 240.17Ad-22(e)(7).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act 
\23\ that the proposed rule change (File Number SR-ICEEU-2018-015), as 
modified by Amendment No. 1, be, and hereby is, approved on an 
accelerated basis.\24\
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    \23\ 15 U.S.C. 78s(b)(2).
    \24\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2018-26945 Filed 12-12-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                        Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices                                            64171

                                              SECURITIES AND EXCHANGE                                 II. Description of the Proposed Rule                   Euro or pounds sterling will be
                                              COMMISSION                                              Change                                                 excluded from available liquidity
                                                                                                                                                             resources and cross-currency
                                                                                                      A. Changes to Approved Financial
                                              [Release No. 34–84754; File No. SR–ICEEU–                                                                      investments for Euro and British pounds
                                              2018–015]
                                                                                                      Institution
                                                                                                                                                             sterling balances are not permitted; key
                                                                                                         ICE Clear Europe proposes to amend                  risk and performance indicators used by
                                              Self-Regulatory Organizations; ICE                      its Liquidity Plan to reflect changes in               ICE Clear Europe to determine if
                                              Clear Europe Limited; Notice of Filing                  its treasury arrangements and certain                  investments meet its credit and liquidity
                                              of Amendment No. 1 and Order                            other enhancements.5 Specifically, the                 standards have been added;
                                              Granting Accelerated Approval of a                      approved AFI default and AFI plus                      typographical errors corrected and a
                                              Proposed Rule Change, as Modified by                    Member default liquidity stress testing                cross-reference to various treasury
                                              Amendment No. 1, Relating to                            scenarios have been revised to refer to                operating procedures was updated; and
                                              Amendments to the ICE Clear Europe                      AFIs more generally, rather than to                    certain risk default scenarios have been
                                              Limited Liquidity Plan                                  specific institutions.6 Currently, these               removed.10
                                              December 7, 2018.
                                                                                                      two scenarios refer to specific
                                                                                                      institutions. However, ICE Clear Europe                D. Changes in Reporting and
                                              I. Introduction                                         believes that because it may use a                     Governance
                                                 On October 22, 2018, ICE Clear                       number of different financial                             ICE Clear Europe has also proposed
                                              Europe Limited (‘‘ICE Clear Europe’’)                   institutions in these roles at various                 changes related to its internal reporting
                                              filed with the Securities and Exchange                  times, not naming a specific institution               process. Specifically, several weekly
                                              Commission (‘‘Commission’’), pursuant                   would assist in keeping its Liquidity                  and monthly liquidity reports will no
                                              to Section 19(b)(1) of the Securities                   Plan up to date as these service                       longer be sent to the Board Risk
                                              Exchange Act of 1934 (‘‘Act’’),1 and                    providers change.7                                     Committee and the Board. Instead, the
                                              Rule 19b–4 thereunder,2 a proposed rule                                                                        Audit Committee will receive certain
                                                                                                      B. Additional Default Scenario
                                              change (SR–ICEEU–2018–015) to amend                                                                            liquidity metrics, the Business Risk
                                              its Liquidity Plan 3 to (i) refer to                      ICE Clear Europe proposes to amend                   Committee will receive a liquidity
                                              approved financial institutions (‘‘AFI’’)               the Liquidity Plan to add a new Central                management summary and other
                                              (such as investment agents and                          Securities Depository (CSD) default                    summary data, and the Board will
                                              custodians) more generally, rather than                 scenario, which is defined as a CSD                    receive collateral and investment data,
                                              to specific institutions; (ii) add an                   being unable to process settlements.8                  certain liquidity metrics and
                                              additional default scenario; (iii) revise               Currently, the Liquidity Plan does not                 assessments, and key risk and
                                              procedures related to liquid resources                  have a stress testing scenario assessing               performance indicators.11
                                              and make other miscellaneous updates,                   the liquidity impact of the possibility                   Other proposed revisions to the
                                              including (a) clarifying the sources of                 that CSDs such as Euroclear Bank or                    Liquidity Plan include that the
                                              liquidity to be relied upon in stress                   Euroclear UK & Ireland cease to be                     Executive Risk Committee, as opposed
                                              scenarios, (b) indicating which                         functional and not able to process                     to the Business Control Committee, will
                                              resources are excluded from those                       settlements. Under the scenario being                  review the plan annually and that
                                              considered potential sources of                         proposed, available liquidity is assessed              aspects of the Liquidity Plan will be
                                              liquidity, (c) updating key risk and                    against the expected net cash payment                  tested annually.12
                                              performance indicators used in                          outflow for a single day on a per
                                                                                                                                                             III. Discussion and Commission
                                              determining credit and liquidity                        currency basis, to determine if such a
                                                                                                                                                             Findings
                                              standards of investments, and (d)                       default could result in a delay in
                                                                                                      payment to clearing members.9                            Section 19(b)(2)(C) of the Act directs
                                              removing unnecessary risk default
                                                                                                                                                             the Commission to approve a proposed
                                              scenarios and correcting typographical                  C. Updates and Clarifications to                       rule change of a self-regulatory
                                              errors; and (iv) streamline its internal                Liquidity Stress Testing Scenarios                     organization if it finds that such
                                              reporting process. The proposed rule
                                                                                                         Other proposed updates and                          proposed rule change is consistent with
                                              change was published for comment in
                                                                                                      clarifications to the Liquidity Plan                   the requirements of the Act and the
                                              the Federal Register on November 9,
                                                                                                      include: adding intra-day overdraft                    rules and regulations thereunder
                                              2018.4 On November 30, ICE Clear
                                                                                                      facilities to the sources used for the risk            applicable to such organization.13 For
                                              Europe filed Amendment No. 1 to the
                                                                                                      tolerance and risk appetite evaluations                the reasons given below, the
                                              proposed rule change to make a
                                                                                                      in the liquidity stress testing scenarios;             Commission finds that the proposal is
                                              technical change to the Liquidity Plan.
                                                                                                      eliminating references to an ICE Inc.                  consistent with Section 17A(b)(3)(F) of
                                              The Commission did not receive
                                                                                                      (ICE Clear Europe’s parent company)                    the Act, and Rule 17Ad–22(e)(7).
                                              comments on the proposed rule change.
                                                                                                      credit facility; in calculating the
                                              The Commission is publishing this                                                                              A. Consistency With Section
                                                                                                      investment loss component of liquidity
                                              notice to solicit comment on                                                                                   17A(b)(3)(F)
                                                                                                      stress losses in clearing member default
                                              Amendment No. 1 from interested                                                                                  Section 17A(b)(3)(F) of the Act
                                                                                                      scenario, time deposits are assumed to
                                              persons and is approving the proposed                                                                          requires, among other things, that the
                                                                                                      have a 100% liquidity loss; for liquidity
                                              rule change, as modified by Amendment                                                                          rules of a registered clearing agency be
                                                                                                      stress testing scenarios that look at cash
                                              No. 1, on an accelerated basis.                                                                                designed to promote the prompt and
                                                                                                      invested with a one-day maturity, U.S.
                                                                                                                                                             accurate clearance and settlement of
amozie on DSK3GDR082PROD with NOTICES1




                                                1 15
                                                                                                      dollar investments in reverse repurchase
                                                      U.S.C. 78s(b)(1).                                                                                      securities transactions and, to the extent
                                                2 17
                                                                                                      agreements in assets denominated in
                                                      CFR 240.19b–4.
                                                 3 Capitalized terms used in this order, but not
                                                                                                                                                             applicable, derivatives agreements,
                                                                                                        5 Notice,   83 FR 56107.
                                              defined herein, have the same meaning as in the
                                                                                                        6 Id.                                                  10 Id.
                                              ICE Clear Europe Rules.
                                                 4 Securities and Exchange Act Release No. 34–          7 Id.                                                  11 Id.
                                                                                                        8 Id.                                                  12 Id.
                                              84533 (November 5, 2018), 83 FR 56107 (November
                                              9, 2018) (SR–ICEEU–2018–015) (‘‘Notice’’).                9 Id.                                                  13 15    U.S.C. 78s(b)(2)(C).



                                         VerDate Sep<11>2014   17:12 Dec 12, 2018   Jkt 247001   PO 00000   Frm 00075    Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM      13DEN1


                                              64172                        Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices

                                              contracts and transactions, and to assure                 safeguard securities and funds. The                     Clear Europe’s ability to manage
                                              the safeguarding of securities and funds                  Commission therefore finds that the                     liquidity risk by specifying more clearly
                                              which are in the custody or control of                    proposed rule changes are consistent                    which resources constitute potential
                                              the clearing agency or for which it is                    with the requirements of Section                        measures to manage liquidity risk for
                                              responsible and, in general, to protect                   17A(b)(3)(F) of the Act.15                              the purposes of Rule 17Ad–22(e)(7) and
                                              investors and the public interest.14                                                                              which resources do not.
                                                 The Commission believes that the                       B. Consistency With Rule 17Ad–22(e)(7)
                                                                                                           Rule 17Ad–22(e)(7) requires in                          As described above, the Liquidity
                                              proposed changes described above,
                                                                                                        relevant part that a clearing agency                    Plan also updates the table of key
                                              taken as a whole, should improve ICE
                                                                                                        establish, implement, maintain and                      performance indicators that it uses to
                                              Clear Europe’s ability to monitor and
                                              test its liquidity in a variety of                        enforce written policies and procedures                 determine if investments meet credit
                                              scenarios. First, by referring to AFIs                    reasonably designed to effectively                      and liquidity standards. For instance,
                                              generally, ICE Clear Europe can                           measure, monitor, and manage the                        the Liquidity Plan now includes, among
                                              efficiently plan for the default by any                   liquidity risk that arises in or is borne               others, ratings checks for unsecured
                                              AFI rather than having its plans linked                   by it, including through liquidity testing              investments and repo balance per
                                              to a particular financial institution. This               and by holding qualified liquid                         counterparty. The Commission believes
                                              gives ICE Clear Europe the ability to                     resources.16 As described above, ICE                    the proposed changes to the key risk
                                              replace an AFI with another AFI                           Clear Europe proposes to refer in its                   and performance indicators would
                                              without needing to first change the text                  liquidity stress testing procedures to                  enhance ICE Clear Europe’s liquidity
                                              of its Liquidity Plan. This in turn would                 third party financial institutions that                 monitoring by giving it more tools to
                                              promote ICE Clear Europe’s ability                        serve as investment agents or custodians                monitor investments and hence its
                                              manage the liquidity needed to                            in general terms rather than naming a                   liquidity.
                                              promptly and accurately clear and settle                  specific institution. The Commission                       As described above, ICE Clear Europe
                                              securities transactions and to safeguard                  believes that this change would bolster                 also is revising its reporting process so
                                              the securities and funds which are in its                 the Liquidity Plan by enhancing the                     that certain reports would no longer be
                                              custody or control or for which it is                     efficiency of the process ICE Clear                     routinely provided to the Board but
                                              responsible by helping to ensure that                     Europe will use to account for changes                  rather to the Audit and Business Risk
                                              ICE Clear Europe always has an AFI to                     in such agents. This in turn would                      Committees. The Commission believes
                                              serve as an investment agent and/or                       contribute to ICE Clear Europe’s ability                these changes would enhance the
                                              custodian.                                                to manage its liquidity risks.                          Liquidity Plan by prioritizing reporting
                                                 Similarly, the Commission believes                        As described above, ICE Clear Europe                 to the most relevant level. Additionally,
                                              that the other amendments described                       proposes to add a CSD default scenario                  ICE Clear Europe is revising its
                                              above serve to enhance the Liquidity                      to its stress testing procedures. The                   procedures so that certain testing is
                                              Plan, thereby promoting prompt and                        Commission believes that adding                         done on an annual rather than periodic
                                              accurate clearance and settlement and                     another default scenario would enhance                  basis, the Liquidity Plan is reviewed by
                                              the safeguarding of funds and securities.                 ICE Clear Europe’s Liquidity Plan by                    the Executive Risk Committee, and
                                              For example, the Commission believes                      anticipating specifically how to prepare                certain irrelevant risk default scenarios
                                              that adding a new default scenario to                     for a default of a key participant in the               have been removed. Overall, the
                                              liquidity stress testing and clarifying the               clearing process, thereby furthering ICE                Commission believes that these changes
                                              sources used to evaluate risk tolerance                   Clear Europe’s ability to effectively                   will enable ICE Clear Europe to
                                              and appetite would enhance ICE Clear                      measure, monitor, and manage its                        efficiently measure and monitor its
                                              Europe’s ability to use the Liquidity                     liquidity risk.                                         liquidity risk by ensuring that relevant
                                              Plan to anticipate liquidity risks and the                   The Commission believes that the
                                                                                                                                                                scenarios are reviewed by appropriate
                                              sources necessary to cope with such                       various other updates to the Liquidity
                                                                                                                                                                staff on a regular basis.
                                              risks. Further, the Commission believes                   Plan described above would help ICE
                                              that excluding investments in                             Clear Europe to effectively measure,                       As a result of the foregoing, the
                                              repurchase agreements with foreign                        monitor, and manage its liquidity risk.                 Commission finds that the proposed
                                              currency as collateral from available                     For instance, clarifying in the Liquidity               rule change is consistent with the
                                              liquid resources would assist ICE Clear                   Plan that ICE Clear Europe has intra-day                requirements of Rule 17Ad–22(e)(7).17
                                              Europe in avoiding reliance on assets                     overdraft facilities to rely upon in                    IV. Solicitation of Comments
                                              considered to contain more risk, thereby                  various stress scenarios would explain
                                              bolstering ICE Clear Europe’s overall                     with greater specificity what sources of                  Interested persons are invited to
                                              approach to liquidity management.                         liquidity are available to ICE Clear                    submit written data, views, and
                                              Likewise, the Commission believes that                    Europe to manage its liquidity risk.                    arguments concerning the foregoing,
                                              the manner in which ICE Clear Europe                      Additionally, as noted above, other                     including whether the proposed rule
                                              has added to and revised its key risk                     changes to the Liquidity Plan include                   change is consistent with the Act.
                                              and performance indicators would                          the fact that time deposits are assumed                 Comments may be submitted by any of
                                              enhance the compliance tool used to                       to have 100% liquidity loss similar to                  the following methods:
                                              test if investments made by investment                    other unsecured investments and that in
                                              agents meet credit and liquidity                          scenarios which include cash invested                   Electronic Comments
                                              requirements. As a result, the                            with a one day maturity, collateral                       • Use the Commission’s internet
                                              Commission believes that these                            underlying investments that are
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                                                                                                                                                                comment form (http://www.sec.gov/
                                              proposed changes to the Liquidity Plan                    denominated in foreign currency are                     rules/sro.shtml) or
                                              would in turn assist ICE Clear Europe in                  excluded from available liquid
                                              maintaining a level of liquidity                          resources. The Commission believes                        • Send an email to rule-comments@
                                              sufficient to promptly and accurately                     that these changes would enhance ICE                    sec.gov. Please include File Number SR–
                                              clear and settle transactions and                                                                                 ICEEU–2018–015 on the subject line.
                                                                                                          15 Id.
                                                14 15   U.S.C. 78q–1(b)(3)(F).                            16 17    CFR 240.17Ad–22(e)(7).                         17 Id.




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                                                                          Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices                                                   64173

                                              Paper Comments                                           modified by Amendment No. 1, is not                     For the Commission, by the Division of
                                                                                                       expected to change the rights or                      Trading and Markets, pursuant to delegated
                                                 • Send paper comments in triplicate                                                                         authority.25
                                              to Secretary, Securities and Exchange                    obligations of clearing members or other
                                                                                                       persons using the clearing service or the             Brent J. Fields,
                                              Commission, 100 F Street NE,
                                                                                                       terms or conditions of any cleared                    Secretary.
                                              Washington, DC 20549–1090.
                                                                                                       contract. Accordingly, ICE Clear Europe               [FR Doc. 2018–26945 Filed 12–12–18; 8:45 am]
                                              All submissions should refer to File
                                                                                                       does not believe that any delay in                    BILLING CODE 8011–01–P
                                              Number SR–ICEEU–2018–015. This file
                                                                                                       implementing amendments with respect
                                              number should be included on the
                                                                                                       to such matters will benefit clearing
                                              subject line if email is used. To help the
                                                                                                       members, their customers or any other                 DEPARTMENT OF STATE
                                              Commission process and review your
                                                                                                       market participants. Rather, ICE Clear
                                              comments more efficiently, please use                                                                          [Public Notice: 10627]
                                                                                                       Europe is seeking to enable the full
                                              only one method. The Commission will
                                                                                                       onboarding of additional treasury                     Overseas Schools Advisory Council;
                                              post all comments on the Commission’s
                                                                                                       service providers as soon as possible.                Notice of Meeting
                                              internet website (http://www.sec.gov/
                                                                                                          The Commission finds good cause,
                                              rules/sro.shtml). Copies of the                                                                                   The Overseas Schools Advisory
                                                                                                       pursuant to Section 19(b)(2)(C)(iii) of
                                              submission, all subsequent                                                                                     Council, Department of State, will hold
                                                                                                       the Act,20 for approving the proposed
                                              amendments, all written statements                                                                             its Annual Committee Meeting on
                                                                                                       rule change, as modified by Amendment
                                              with respect to the proposed rule                                                                              Wednesday, January 16, 2019 from 1:00
                                                                                                       No. 1, on an accelerated basis, prior to
                                              change that are filed with the                                                                                 p.m. until 4:00 p.m. at the Melrose
                                                                                                       the 30th day after the date of
                                              Commission, and all written                                                                                    Georgetown Hotel, Clifton Room, 2430
                                                                                                       publication of notice in the Federal
                                              communications relating to the                                                                                 Pennsylvania Ave. A second meeting
                                                                                                       Register, because the proposed rule
                                              proposed rule change between the                                                                               will be held on Thursday, January 17,
                                                                                                       change is required as soon as possible
                                              Commission and any person, other than                                                                          2019 from 9:00 a.m. until approximately
                                                                                                       in order to facilitate ICE Clear Europe’s
                                              those that may be withheld from the                                                                            2:00 p.m. in Conference Room 1482,
                                                                                                       efforts to provide further treasury
                                              public in accordance with the                                                                                  Department of State, 2201 C Street NW,
                                                                                                       services. The Commission also finds
                                              provisions of 5 U.S.C. 552, will be                                                                            Washington, DC The meetings are open
                                                                                                       good cause to approve the proposed rule
                                              available for website viewing and                                                                              to the public.
                                                                                                       change, as modified by Amendment No.
                                              printing in the Commission’s Public                                                                               The Overseas Schools Advisory
                                                                                                       1, prior to the thirtieth day after the date
                                              Reference Room, 100 F Street, NE,                                                                              Council works closely with the U.S.
                                                                                                       of publication of the notice of
                                              Washington, DC 20549, on official                                                                              business community in improving
                                                                                                       Amendment No. 1 in the Federal
                                              business days between the hours of                                                                             American-sponsored schools overseas
                                                                                                       Register. As discussed above, ICE Clear
                                              10:00 a.m. and 3:00 p.m. Copies of such                                                                        that are assisted by the Department of
                                                                                                       Europe submitted Amendment No. 1 to
                                              filings will also be available for                                                                             State and attended by dependents of
                                                                                                       make a technical change to the Liquidity
                                              inspection and copying at the principal                                                                        U.S. government employees, and the
                                                                                                       Plan. The Commission believes that
                                              office of ICE Clear Europe and on ICE                                                                          children of employees of U.S.
                                                                                                       Amendment No. 1 does not raise any
                                              Clear Europe’s website at https://                                                                             corporations and foundations abroad.
                                                                                                       novel issues or alter the proposed
                                              www.theice.com/clear-europe/                                                                                      These meetings will deal with issues
                                                                                                       changes in any way. In addition, the
                                              regulation#rule-filing. All comments                                                                           related to the work and the support
                                                                                                       Commission finds that the proposed
                                              received will be posted without change.                                                                        provided by the Overseas Schools
                                                                                                       rule change, as modified by Amendment
                                              Persons submitting comments are                                                                                Advisory Council to the American-
                                                                                                       No. 1, is consistent with the Exchange
                                              cautioned that we do not redact or edit                                                                        sponsored overseas schools. There will
                                                                                                       Act and applicable rules thereunder for
                                              personal identifying information from                                                                          be a report and discussion about the
                                                                                                       the reasons discussed above.
                                              comment submissions. You should                                                                                status of the Council-sponsored projects
                                                                                                       Accordingly, the Commission finds
                                              submit only information that you wish                                                                          on child protection and special needs.
                                                                                                       good cause to approve the proposed rule
                                              to make available publicly. All                                                                                Moreover, the Regional Education
                                                                                                       change, as modified by Amendment No.
                                              submissions should refer to File                                                                               Officers in the Office of Overseas
                                                                                                       1, on an accelerated basis, pursuant to
                                              Number SR–ICEEU–2018–015 and                                                                                   Schools will make presentations on the
                                                                                                       Section 19(b)(2) of the Exchange Act.
                                              should be submitted on or before                                                                               activities and initiatives in the
                                              January 3, 2019.                                         VI. Conclusion                                        American-sponsored overseas schools.
                                              V. Accelerated Approval of Proposed                        On the basis of the foregoing, the                     Members of the public may attend the
                                              Rule Change, as Modified by                              Commission finds that the proposed                    meetings and join in the discussion,
                                              Amendment No. 1                                          rule change is consistent with the                    subject to the instructions of the Chair.
                                                                                                       requirements of Section 17A of the                    Admission of public members will be
                                                In its filing, ICE Clear Europe                                                                              limited to the seating available. Access
                                              requested that the Commission grant                      Act,21 and Rule 17Ad–22(e)(7) 22
                                                                                                       thereunder.                                           to the Department of State is controlled,
                                              accelerated approval of the proposed                                                                           and individual building passes are
                                              rule change pursuant to Section 19(b)(2)                   It is therefore ordered pursuant to
                                                                                                       Section 19(b)(2) of the Act 23 that the               required for all attendees. Persons who
                                              of the Exchange Act.18 Under Section                                                                           plan to attend should advise the office
                                                                                                       proposed rule change (File Number SR–
                                              19(b)(2)(C)(iii) of the Act,19 the                                                                             of Mr. Thomas Shearer, Department of
                                                                                                       ICEEU–2018–015), as modified by
                                              Commission may grant accelerated                                                                               State, Office of Overseas Schools,
                                                                                                       Amendment No. 1, be, and hereby is,
                                              approval of a proposed rule change if                                                                          telephone 202–261–8200, prior to
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                                                                                                       approved on an accelerated basis.24
                                              the Commission finds good cause for                                                                            January 9, 2019. Each visitor will be
                                              doing so. ICE Clear Europe believes that                   20 15 U.S.C. 78s(b)(2)(C)(iii).                     asked to provide his/her date of birth
                                              accelerated approval is warranted                          21 15 U.S.C. 78q–1.                                 and either driver’s license or passport
                                              because the proposed rule change, as                       22 17 CFR 240.17Ad–22(e)(7).
                                                                                                         23 15 U.S.C. 78s(b)(2).                             efficiency, competition, and capital formation. 15
                                                18 15 U.S.C. 78s(b)(2).                                  24 In approving the proposed rule change, the       U.S.C. 78c(f).
                                                19 15 U.S.C. 78s(b)(2)(C)(iii).                        Commission considered the proposal’s impact on           25 17 CFR 200.30–3(a)(12).




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Document Created: 2018-12-13 01:15:11
Document Modified: 2018-12-13 01:15:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 64171 

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