83_FR_6947 83 FR 6915 - Self-Regulatory Organizations; LCH SA; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission, or Advance Notice Relating to Self-Referencing Transactions

83 FR 6915 - Self-Regulatory Organizations; LCH SA; Notice of Filing of Proposed Rule Change, Security-Based Swap Submission, or Advance Notice Relating to Self-Referencing Transactions

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range6915-6917
FR Document2018-03111

Federal Register, Volume 83 Issue 32 (Thursday, February 15, 2018)
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6915-6917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03111]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82675; File No. SR-LCH SA-2018-001]


Self-Regulatory Organizations; LCH SA; Notice of Filing of 
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice 
Relating to Self-Referencing Transactions

February 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 31, 2018, Banque Centrale de Compensation, which conducts 
business under the name LCH SA (``LCH SA''), filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change 
described in Items I, II, and III below, which items have been prepared 
primarily by LCH SA. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    LCH SA is proposing to amend its CDS Clearing Supplement and 
Section 4 of the CDS Clearing Procedures in order to allow acceptation 
of client's self-referencing transactions on their clearing broker. The 
text of the proposed rule change has been annexed as Exhibit 5.

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

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of these statements.

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

1. Purpose
    In connection with the clearing of single name CDS referencing 
banks which are clearing members of CDSClear, LCH SA proposes to modify 
its eligibility requirements to allow for the clearing of clients 
``self-referencing transactions'' on their clearing broker.
    A ``self-referencing transaction'' refers to a single name CDS 
referencing a reference entity which is:

--In the case of a house transaction, either the clearing member itself 
or an affiliate of the clearing member;
--In the case of a client transaction, either the client itself or an 
affiliate of the client, or the clearing broker of the client or an 
affiliate of the clearing broker.

    Currently, clearing of both house and client self-referencing 
transactions are prohibited by LCH SA whereas clients commonly trade 
single name CDS referencing banks in the uncleared world (as they face 
directly their counterparty). Not allowing for the clearing of those 
transactions as a consequence of the intermediation of a clearing 
member required for clients to clear would thus impact their ability to 
continue trading the financial CDS single name market, as well as 
restrict their choice for clearing brokers.
    LCH SA is proposing to allow clients self-referencing transactions 
when the reference entity referenced by the single name CDS is either 
the client's clearing broker or an affiliate of the client's clearing 
broker.
    The risk arising from clients self-referencing transactions on 
their clearing broker would be captured by the existing framework and 
more specifically by the Self-Referencing Margin which charges the 
minimum between zero and the net Profit and Loss resulting from a 
credit event of the self-referenced name across all index, single name 
and index swaption transactions using a Recovery Rate of 0%. The net 
Profit and Loss calculation allows for netting of the exposures arising 
from index, index swaption and single name CDS transactions if they 
reference the same contractual definition and transaction type.
    The proposed rule change will consist in amending the following 
provisions of the CDS Clearing Supplement and Section 4 of the 
Procedures:

--The eligibility requirement in respect of single names in Section 4 
of the Procedures (paragraph 4.1(c)(iii)(B)(11)) to make the 
distinction between house and clients self-referencing transactions so 
as to allow clients to clear single name CDS transactions referencing 
their clearing broker or one of their affiliates but neither clients 
self-referencing transactions referencing the client itself nor house 
self-referencing transactions; and

[[Page 6916]]

--the provisions on the self referencing transactions in Part A and B 
of the CDS Clearing Supplement (Sections 1.2 and 9 and Appendix XIII of 
Parts A and B) to make a distinction between the remedies for house and 
client self-referencing transactions. More specifically, following the 
occurrence of a house self-referencing transaction, the clearing member 
shall notify LCH SA and the affected transactions could be auctioned 
and liquidated, whereas following the occurrence of a client self-
referencing transaction, the clearing broker of such client shall only 
notify LCH SA when it is a self-referencing transaction on the client 
itself (or one of its affiliates) in which case the positions could be 
auctioned and liquidated, but if the self-referencing transactions 
reference the clearing broker, then no specific action is required from 
the clearing broker.


    LCH SA is also taking this opportunity to make the following minor 
amendments to the CDS Clearing Supplement:

--Adding a missing reference to the Standard European Financial 
Corporate transaction types (Section 2.3 of Part B); and
--adding a reference to the Standard European Senior Non Preferred 
Financial Corporate transaction type (Section 2.3 of Part B) for which 
no change is needed in LCH SA's risk methodology as the specific risks 
arising from adding Senior Non Preferred transactions will be captured 
by the exact same framework developed when HoldCo entities were added; 
and
--clarifying that the underlying index transaction of an index swaption 
is an LCH cleared index transaction (Sections 1.2 and 7.1 of Part C).
2. Statutory Basis
    LCH SA believes that the proposed rule change in connection with 
the clearing of clients self-referencing transactions referencing the 
clearing broker is consistent with the requirements of Section 17A of 
the Securities Exchange Act of 1934 \3\ (the ``Act'') and the 
regulations thereunder, including the standards under Rule 17Ad-22.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1.
    \4\ 17 CFR 240.17Ad-22.
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    Specifically, Section 17(A)(b)(3)(F) of the Act requires, among 
other things, that the rules of a clearing agency be designed to 
promote the prompt and accurate clearance and settlement of securities 
transactions and derivative agreements, 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.\5\ As noted above, the current risk management framework 
and more specifically the Self-Referencing Margin, already 
appropriately manages the risk arising from the clearing of clients 
self-referencing transactions on their clearing broker such that the 
proposed rule change will have no impact on the safeguarding of 
securities and funds under control of LCH SA.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    LCH SA believes that the proposed change satisfies the requirements 
of Rule 17Ad-22(b)(2), (b)(3), (e)(1), (e)(4), and (e)(6).\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.17Ad-22(b)(2), (b)(3), (e)(1), (e)(4), and 
(e)(6).
---------------------------------------------------------------------------

    Rule 17Ad-22(b)(2) requires a clearing agency to use margin 
requirements to limit its credit exposures to participants under normal 
market conditions and to use risk-based models and parameters to set 
margin requirements.\7\ Rule 17Ad-22(b)(3) requires each clearing 
agency acting as a central counterparty for security-based swaps to 
maintain sufficient financial resources to withstand, at a minimum, a 
default by the two participant families to which it has the largest 
exposure in extreme but plausible market conditions (the ``cover two 
standard''). Rule 17Ad-22(e)(4) requires a covered clearing agency to 
effectively identify, measure, monitor, and manage its credit exposures 
to participants and those arising from its payment, clearing and 
settlement processes by maintaining sufficient financial resources,\8\ 
and Rule 17Ad-22(e)(6) requires a covered clearing agency that provides 
central counterparty services to cover its credit exposures to its 
participants by establishing a risk-based margin system that meets 
certain minimum requirements.\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17Ad-22(b)(22) [sic].
    \8\ 17 CFR 240.17Ad-22(e)(4)(i).
    \9\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------

    As described above, the Self-Referencing Margin in LCH SA current 
risk framework captures the worst potential Profit and Loss impact on a 
clearing member client portfolio resulting from the default of such 
clearing member which implies that the margin requirements set by LCH 
SA and use of such margin requirements limit LCH SA's credit exposures 
to participants in clearing clients self-referencing transactions 
referencing their clearing broker under normal market conditions, 
consistent with Rule 17Ad-22(b)(2). LCH SA also believes that its 
current risk-based margin methodology, including the Self-Referencing 
Margin) takes into account, and generates margin levels commensurate 
with, the risks and particular attributes of clients self-referencing 
transactions on their clearing broker at the product and portfolio 
levels, appropriate to the relevant market it serves, consistent with 
Rule 17Ad-22(e)(6)(i) and (v). In addition, LCH SA believes that the 
margin calculation under the current CDSClear margin framework would 
sufficiently account for the 5-day liquidation period for house account 
portfolio and 7-day liquidation period for client portfolio and 
therefore, is reasonably designed to cover LCH SA's potential future 
exposure to participants in the interval between the last margin 
collection and the close out of positions following a participant 
default, consistent with Rule 17Ad-22(e)(6)(iii).
    Further, Rule 17Ad-22(b)(3) requires a clearing agency acting as a 
central counterparty for security-based swaps to establish policies and 
procedures reasonably designed to maintain the ``cover two 
standard''.\10\ Similarly, Rule 17Ad-22(e)(4)(ii) requires a covered 
clearing agency that provides central counterparty services for 
security-based swaps to maintain financial resources additional to 
margin to enable it to cover a wide range of foreseeable stress 
scenarios that include, but are not limited to, meeting the cover two 
standard.\11\ LCH SA believes that its current Default Fund methodology 
will appropriately incorporate the risk of clearing clients self-
referencing transactions on their clearing broker, as together with the 
existing CDSClear margin framework (and more specifically the Self-
Referencing Margin), will be reasonably designed to ensure that LCH SA 
maintains sufficient financial resources to meet the cover two 
standard, in accordance with Rule 17Ad-22(b)(3) and (e)(4)(ii).\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22(b)(3).
    \11\ 17 CFR 240.17Ad-22(e)(4)(ii).
    \12\ 17 CFR 240.17Ad-22(b)(3) and (e)(4)(ii).
---------------------------------------------------------------------------

    LCH SA also believes that the proposed rule change is consistent 
with Rule 17Ad-22(e)(1), which requires each covered clearing agency's 
policies and procedures reasonably designed to provide for a well-
founded, clear, transparent, and enforceable legal basis for each 
aspect of its activities in all relevant jurisdictions.\13\ As 
described above, the proposed rule change would make a clear 
distinction on the clearing eligibility and remedies for house versus

[[Page 6917]]

clients self-referencing transactions. LCH SA believes that this change 
would provide for a clear and transparent legal basis for CDSClear 
clearing eligibility requirements, consistent with Rule 17Ad-22(e)(1).
---------------------------------------------------------------------------

    \13\ 17 CFR 240.17Ad-22(e)(1).
---------------------------------------------------------------------------

    For the reasons stated above, LCH SA believes that the proposed 
rule change is consistent with the requirements of prompt and accurate 
clearance and settlement of securities transactions and derivatives 
agreements, contracts and transactions, and assuring the safeguarding 
of securities and funds in the custody or control of the clearing 
agency or for which it is responsible, in accordance with Rule 
17A(b)(3)(F) of the Act.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act.\15\ LCH SA does 
not believe that the proposed rule change would impose burdens on 
competition that are not necessary or appropriate in furtherance of the 
purposes of the Act.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    Indeed, firstly the proposed rule change would apply equally to all 
CDSClear members and clients, and secondly it would give clients access 
to clearing of the same universe of products irrespective of their 
clearing broker.
    Further, the proposed rule change does not adversely affect the 
ability of such clearing members or other market participants generally 
to engage in cleared transactions or to access clearing services 
offered by LCH SA.
    Therefore, LCH SA does not believe that the proposed rule change 
imposes any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

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

    Written comments relating to the proposed rule change have not been 
solicited or received. LCH SA will notify the Commission of any written 
comments received by LCH SA.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-LCH SA-2018-001 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-LCH SA-2018-001. 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 the filing also will be available for inspection 
and copying at the principal office of LCH SA and on LCH SA's website 
at http://www.lch.com/asset-classes/cdsclear.
    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-LCH SA-2018-001 and should 
be submitted on or before March 8, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03111 Filed 2-14-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                                 6915

                                                Amendment No. 2 to the proposed rule                    SECURITIES AND EXCHANGE                                 the clearing of clients ‘‘self-referencing
                                                change, which amended and superseded                    COMMISSION                                              transactions’’ on their clearing broker.
                                                the proposed rule change as modified by                                                                            A ‘‘self-referencing transaction’’ refers
                                                                                                        [Release No. 34–82675; File No. SR–LCH
                                                Amendment No. 1.6 On November 16,                       SA–2018–001]                                            to a single name CDS referencing a
                                                2017, the Commission published notice                                                                           reference entity which is:
                                                of Amendment No. 2 and instituted                       Self-Regulatory Organizations; LCH                      —In the case of a house transaction,
                                                proceedings under Section 19(b)(2)(B) of                SA; Notice of Filing of Proposed Rule                      either the clearing member itself or an
                                                the Act 7 to determine whether to                       Change, Security-Based Swap                                affiliate of the clearing member;
                                                approve or disapprove the proposed                      Submission, or Advance Notice                           —In the case of a client transaction,
                                                rule change, as modified by Amendment                   Relating to Self-Referencing                               either the client itself or an affiliate of
                                                No. 2.8 The Commission has received no                  Transactions                                               the client, or the clearing broker of the
                                                comments on the proposed rule change.                   February 9, 2018.                                          client or an affiliate of the clearing
                                                   Section 19(b)(2) of the Act 9 provides                  Pursuant to Section 19(b)(1) of the                     broker.
                                                that, after initiating disapproval                      Securities Exchange Act of 1934                            Currently, clearing of both house and
                                                proceedings, the Commission shall issue                 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 client self-referencing transactions are
                                                an order approving or disapproving the                  notice is hereby given that on January                  prohibited by LCH SA whereas clients
                                                proposed rule change not later than 180                 31, 2018, Banque Centrale de                            commonly trade single name CDS
                                                days after the date of publication of                   Compensation, which conducts                            referencing banks in the uncleared
                                                notice of filing of the proposed rule                   business under the name LCH SA (‘‘LCH                   world (as they face directly their
                                                change. The Commission may extend                       SA’’), filed with the Securities and                    counterparty). Not allowing for the
                                                the period for issuing an order                         Exchange Commission (‘‘Commission’’)                    clearing of those transactions as a
                                                                                                        the proposed rule change described in                   consequence of the intermediation of a
                                                approving or disapproving the proposed
                                                                                                        Items I, II, and III below, which items                 clearing member required for clients to
                                                rule change by not more than 60 days
                                                                                                        have been prepared primarily by LCH                     clear would thus impact their ability to
                                                if the Commission determines that a                     SA. The Commission is publishing this                   continue trading the financial CDS
                                                longer period is appropriate and                        notice to solicit comments on the                       single name market, as well as restrict
                                                publishes the reasons for such                          proposed rule change from interested                    their choice for clearing brokers.
                                                determination. The proposed rule                        persons.                                                   LCH SA is proposing to allow clients
                                                change was published for notice and                                                                             self-referencing transactions when the
                                                comment in the Federal Register on                      I. Clearing Agency’s Statement of the
                                                                                                        Terms of Substance of the Proposed                      reference entity referenced by the single
                                                August 18, 2017. February 14, 2018 is                                                                           name CDS is either the client’s clearing
                                                180 days from that date, and April 15,                  Rule Change
                                                                                                                                                                broker or an affiliate of the client’s
                                                2018 is 240 days from that date.                           LCH SA is proposing to amend its                     clearing broker.
                                                                                                        CDS Clearing Supplement and Section 4
                                                   The Commission finds it appropriate                                                                             The risk arising from clients self-
                                                                                                        of the CDS Clearing Procedures in order
                                                to designate a longer period within                                                                             referencing transactions on their
                                                                                                        to allow acceptation of client’s self-
                                                which to issue an order approving or                                                                            clearing broker would be captured by
                                                                                                        referencing transactions on their
                                                disapproving the proposed rule change                                                                           the existing framework and more
                                                                                                        clearing broker. The text of the proposed
                                                so that it has sufficient time to consider                                                                      specifically by the Self-Referencing
                                                                                                        rule change has been annexed as Exhibit
                                                the proposed rule change, as modified                   5.                                                      Margin which charges the minimum
                                                by Amendment No. 2. Accordingly, the                                                                            between zero and the net Profit and Loss
                                                Commission, pursuant to Section                         II. Clearing Agency’s Statement of the                  resulting from a credit event of the self-
                                                19(b)(2) of the Act,10 designates April                 Purpose of, and Statutory Basis for, the                referenced name across all index, single
                                                15, 2018 as the date by which the                       Proposed Rule Change                                    name and index swaption transactions
                                                Commission shall either approve or                         In its filing with the Commission,                   using a Recovery Rate of 0%. The net
                                                disapprove the proposed rule change                     LCH SA included statements concerning                   Profit and Loss calculation allows for
                                                                                                        the purpose of and basis for the                        netting of the exposures arising from
                                                (File No. SR–NYSEArca–2017–69), as
                                                                                                        proposed rule change and discussed any                  index, index swaption and single name
                                                modified by Amendment No. 2.
                                                                                                        comments it received on the proposed                    CDS transactions if they reference the
                                                  For the Commission, by the Division of                rule change. The text of these statements               same contractual definition and
                                                Trading and Markets, pursuant to delegated              may be examined at the places specified                 transaction type.
                                                authority.11                                            in Item IV below. LCH SA has prepared                      The proposed rule change will consist
                                                Eduardo A. Aleman,                                      summaries, set forth in sections A, B,                  in amending the following provisions of
                                                Assistant Secretary.                                    and C below, of the most significant                    the CDS Clearing Supplement and
                                                [FR Doc. 2018–03113 Filed 2–14–18; 8:45 am]             aspects of these statements.                            Section 4 of the Procedures:
                                                BILLING CODE 8011–01–P                                  A. Clearing Agency’s Statement of the                   —The eligibility requirement in respect
                                                                                                        Purpose of, and Statutory Basis for, the                   of single names in Section 4 of the
                                                                                                        Proposed Rule Change                                       Procedures (paragraph
                                                                                                                                                                   4.1(c)(iii)(B)(11)) to make the
                                                  6 Amendment
                                                                                                        1. Purpose                                                 distinction between house and clients
                                                                 No. 2 is available at https://
                                                                                                                                                                   self-referencing transactions so as to
sradovich on DSK3GMQ082PROD with NOTICES




                                                www.sec.gov/comments/sr-nysearca-2017-69/                  In connection with the clearing of
                                                nysearca201769-2688277-161489.pdf.                      single name CDS referencing banks                          allow clients to clear single name CDS
                                                  7 15 U.S.C. 78s(b)(2)(B).                             which are clearing members of                              transactions referencing their clearing
                                                  8 See Securities Exchange Act Release No. 82105,      CDSClear, LCH SA proposes to modify                        broker or one of their affiliates but
                                                82 FR 55699 (November 22, 2017).                        its eligibility requirements to allow for                  neither clients self-referencing
                                                  9 15 U.S.C. 78s(b)(2).                                                                                           transactions referencing the client
                                                  10 Id.                                                  1 15   U.S.C. 78s(b)(1).                                 itself nor house self-referencing
                                                  11 17 CFR 200.30–3(a)(57).                              2 17   CFR 240.19b–4.                                    transactions; and


                                           VerDate Sep<11>2014   19:01 Feb 14, 2018   Jkt 244001   PO 00000   Frm 00082     Fmt 4703   Sfmt 4703   E:\FR\FM\15FEN1.SGM   15FEN1


                                                6916                         Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                —the provisions on the self referencing                  agreements, contracts, and transactions                 17Ad–22(b)(2). LCH SA also believes
                                                 transactions in Part A and B of the                     and to assure the safeguarding of                       that its current risk-based margin
                                                 CDS Clearing Supplement (Sections                       securities and funds which are in the                   methodology, including the Self-
                                                 1.2 and 9 and Appendix XIII of Parts                    custody or control of the clearing agency               Referencing Margin) takes into account,
                                                 A and B) to make a distinction                          or for which it is responsible.5 As noted               and generates margin levels
                                                 between the remedies for house and                      above, the current risk management                      commensurate with, the risks and
                                                 client self-referencing transactions.                   framework and more specifically the                     particular attributes of clients self-
                                                 More specifically, following the                        Self-Referencing Margin, already                        referencing transactions on their
                                                 occurrence of a house self-referencing                  appropriately manages the risk arising                  clearing broker at the product and
                                                 transaction, the clearing member shall                  from the clearing of clients self-                      portfolio levels, appropriate to the
                                                 notify LCH SA and the affected                          referencing transactions on their                       relevant market it serves, consistent
                                                 transactions could be auctioned and                     clearing broker such that the proposed                  with Rule 17Ad–22(e)(6)(i) and (v). In
                                                 liquidated, whereas following the                       rule change will have no impact on the                  addition, LCH SA believes that the
                                                 occurrence of a client self-referencing                 safeguarding of securities and funds                    margin calculation under the current
                                                 transaction, the clearing broker of                     under control of LCH SA.                                CDSClear margin framework would
                                                 such client shall only notify LCH SA                       LCH SA believes that the proposed                    sufficiently account for the 5-day
                                                 when it is a self-referencing                           change satisfies the requirements of                    liquidation period for house account
                                                 transaction on the client itself (or one                Rule 17Ad–22(b)(2), (b)(3), (e)(1), (e)(4),             portfolio and 7-day liquidation period
                                                 of its affiliates) in which case the                    and (e)(6).6                                            for client portfolio and therefore, is
                                                 positions could be auctioned and                           Rule 17Ad–22(b)(2) requires a                        reasonably designed to cover LCH SA’s
                                                 liquidated, but if the self-referencing                 clearing agency to use margin                           potential future exposure to participants
                                                 transactions reference the clearing                     requirements to limit its credit                        in the interval between the last margin
                                                 broker, then no specific action is                      exposures to participants under normal                  collection and the close out of positions
                                                 required from the clearing broker.                      market conditions and to use risk-based                 following a participant default,
                                                                                                         models and parameters to set margin                     consistent with Rule 17Ad–22(e)(6)(iii).
                                                  LCH SA is also taking this                             requirements.7 Rule 17Ad–22(b)(3)                          Further, Rule 17Ad–22(b)(3) requires
                                                opportunity to make the following                        requires each clearing agency acting as                 a clearing agency acting as a central
                                                minor amendments to the CDS Clearing                     a central counterparty for security-based               counterparty for security-based swaps to
                                                Supplement:                                              swaps to maintain sufficient financial                  establish policies and procedures
                                                —Adding a missing reference to the                       resources to withstand, at a minimum,                   reasonably designed to maintain the
                                                  Standard European Financial                            a default by the two participant families               ‘‘cover two standard’’.10 Similarly, Rule
                                                  Corporate transaction types (Section                   to which it has the largest exposure in                 17Ad–22(e)(4)(ii) requires a covered
                                                  2.3 of Part B); and                                    extreme but plausible market conditions                 clearing agency that provides central
                                                —adding a reference to the Standard                      (the ‘‘cover two standard’’). Rule 17Ad–                counterparty services for security-based
                                                  European Senior Non Preferred                          22(e)(4) requires a covered clearing                    swaps to maintain financial resources
                                                  Financial Corporate transaction type                   agency to effectively identify, measure,                additional to margin to enable it to
                                                  (Section 2.3 of Part B) for which no                   monitor, and manage its credit                          cover a wide range of foreseeable stress
                                                  change is needed in LCH SA’s risk                      exposures to participants and those                     scenarios that include, but are not
                                                  methodology as the specific risks                      arising from its payment, clearing and                  limited to, meeting the cover two
                                                  arising from adding Senior Non                         settlement processes by maintaining                     standard.11 LCH SA believes that its
                                                  Preferred transactions will be                         sufficient financial resources,8 and Rule               current Default Fund methodology will
                                                  captured by the exact same framework                   17Ad–22(e)(6) requires a covered                        appropriately incorporate the risk of
                                                  developed when HoldCo entities were                    clearing agency that provides central                   clearing clients self-referencing
                                                  added; and                                             counterparty services to cover its credit               transactions on their clearing broker, as
                                                —clarifying that the underlying index                    exposures to its participants by                        together with the existing CDSClear
                                                  transaction of an index swaption is an                 establishing a risk-based margin system                 margin framework (and more
                                                  LCH cleared index transaction                          that meets certain minimum                              specifically the Self-Referencing
                                                  (Sections 1.2 and 7.1 of Part C).                      requirements.9                                          Margin), will be reasonably designed to
                                                                                                            As described above, the Self-                        ensure that LCH SA maintains sufficient
                                                2. Statutory Basis
                                                                                                         Referencing Margin in LCH SA current                    financial resources to meet the cover
                                                   LCH SA believes that the proposed                     risk framework captures the worst                       two standard, in accordance with Rule
                                                rule change in connection with the                       potential Profit and Loss impact on a                   17Ad–22(b)(3) and (e)(4)(ii).12
                                                clearing of clients self-referencing                     clearing member client portfolio                           LCH SA also believes that the
                                                transactions referencing the clearing                    resulting from the default of such                      proposed rule change is consistent with
                                                broker is consistent with the                            clearing member which implies that the                  Rule 17Ad–22(e)(1), which requires
                                                requirements of Section 17A of the                       margin requirements set by LCH SA and                   each covered clearing agency’s policies
                                                Securities Exchange Act of 1934 3 (the                   use of such margin requirements limit                   and procedures reasonably designed to
                                                ‘‘Act’’) and the regulations thereunder,                 LCH SA’s credit exposures to                            provide for a well-founded, clear,
                                                including the standards under Rule                       participants in clearing clients self-                  transparent, and enforceable legal basis
                                                17Ad–22.4                                                referencing transactions referencing                    for each aspect of its activities in all
                                                   Specifically, Section 17(A)(b)(3)(F) of                                                                       relevant jurisdictions.13 As described
                                                                                                         their clearing broker under normal
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                                                the Act requires, among other things,                                                                            above, the proposed rule change would
                                                                                                         market conditions, consistent with Rule
                                                that the rules of a clearing agency be                                                                           make a clear distinction on the clearing
                                                designed to promote the prompt and                         5 15 U.S.C. 78q–1(b)(3)(F).                           eligibility and remedies for house versus
                                                accurate clearance and settlement of                       6 17 CFR 240.17Ad–22(b)(2), (b)(3), (e)(1), (e)(4),
                                                securities transactions and derivative                   and (e)(6).                                              10 17 CFR 240.17Ad–22(b)(3).
                                                                                                           7 17 CFR 240.17Ad–22(b)(22) [sic].                     11 17 CFR 240.17Ad–22(e)(4)(ii).
                                                  3 15   U.S.C. 78q–1.                                     8 17 CFR 240.17Ad–22(e)(4)(i).                         12 17 CFR 240.17Ad–22(b)(3) and (e)(4)(ii).
                                                  4 17   CFR 240.17Ad–22.                                  9 17 CFR 240.17Ad–22(e)(6)(i).                         13 17 CFR 240.17Ad–22(e)(1).




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                                                                              Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                                 6917

                                                clients self-referencing transactions.                    up to 90 days (i) as the Commission may               redact or edit personal identifying
                                                LCH SA believes that this change would                    designate if it finds such longer period              information from comment submissions.
                                                provide for a clear and transparent legal                 to be appropriate and publishes its                   You should submit only information
                                                basis for CDSClear clearing eligibility                   reasons for so finding or (ii) as to which            that you wish to make available
                                                requirements, consistent with Rule                        the self-regulatory organization                      publicly. All submissions should refer
                                                17Ad–22(e)(1).                                            consents, the Commission will:                        to File Number SR–LCH SA–2018–001
                                                   For the reasons stated above, LCH SA                     (A) By order approve or disapprove                  and should be submitted on or before
                                                believes that the proposed rule change                    such proposed rule change, or                         March 8, 2018.
                                                is consistent with the requirements of                      (B) institute proceedings to determine
                                                                                                                                                                  For the Commission, by the Division of
                                                prompt and accurate clearance and                         whether the proposed rule change                      Trading and Markets, pursuant to delegated
                                                settlement of securities transactions and                 should be disapproved.                                authority.16
                                                derivatives agreements, contracts and                     IV. Solicitation of Comments                          Eduardo A. Aleman,
                                                transactions, and assuring the                                                                                  Assistant Secretary.
                                                safeguarding of securities and funds in                     Interested persons are invited to
                                                                                                          submit written data, views, and                       [FR Doc. 2018–03111 Filed 2–14–18; 8:45 am]
                                                the custody or control of the clearing
                                                agency or for which it is responsible, in                 arguments concerning the foregoing,                   BILLING CODE 8011–01–P

                                                accordance with Rule 17A(b)(3)(F) of                      including whether the proposed rule
                                                the Act.14                                                change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                   SMALL BUSINESS ADMINISTRATION
                                                B. Clearing Agency’s Statement on                         the following methods:
                                                Burden on Competition                                                                                           Data Collection Available for Public
                                                                                                          Electronic Comments                                   Comments
                                                  Section 17A(b)(3)(I) of the Act
                                                requires that the rules of a clearing                       • Use the Commission’s internet
                                                                                                          comment form (http://www.sec.gov/                           60-day notice and request for
                                                                                                                                                                ACTION:
                                                agency not impose any burden on                                                                                 comments.
                                                competition not necessary or                              rules/sro.shtml); or
                                                appropriate in furtherance of the                           • Send an email to rule-comments@                   SUMMARY:    The Small Business
                                                purposes of the Act.15 LCH SA does not                    sec.gov. Please include File Number SR–               Administration (SBA) intends to request
                                                believe that the proposed rule change                     LCH SA–2018–001 on the subject line.                  approval, from the Office of
                                                would impose burdens on competition                       Paper Comments                                        Management and Budget (OMB) for the
                                                that are not necessary or appropriate in                     • Send paper comments in triplicate                collection of information described
                                                furtherance of the purposes of the Act.                   to Secretary, Securities and Exchange                 below. The Paperwork Reduction Act
                                                  Indeed, firstly the proposed rule                       Commission, 100 F Street NE,                          (PRA) requires federal agencies to
                                                change would apply equally to all                         Washington, DC 20549–1090.                            publish a notice in the Federal Register
                                                CDSClear members and clients, and                                                                               concerning each proposed collection of
                                                                                                          All submissions should refer to File
                                                secondly it would give clients access to                                                                        information before submission to OMB,
                                                                                                          Number SR–LCH SA–2018–001. This
                                                clearing of the same universe of                                                                                and to allow 60 days for public
                                                                                                          file number should be included on the
                                                products irrespective of their clearing                                                                         comment in response to the notice. This
                                                                                                          subject line if email is used. To help the
                                                broker.                                                                                                         notice complies with that requirement.
                                                  Further, the proposed rule change                       Commission process and review your
                                                                                                                                                                DATES: Submit comments on or before
                                                does not adversely affect the ability of                  comments more efficiently, please use
                                                                                                          only one method. The Commission will                  April 16, 2018.
                                                such clearing members or other market                                                                           ADDRESSES: Send all comments to Carol
                                                participants generally to engage in                       post all comments on the Commission’s
                                                                                                          internet website (http://www.sec.gov/                 Fendler, Director, Licensing and
                                                cleared transactions or to access clearing                                                                      Program Standards Office of Investment
                                                services offered by LCH SA.                               rules/sro.shtml). Copies of the
                                                                                                          submission, all subsequent                            and Innovation, Small Business
                                                  Therefore, LCH SA does not believe                                                                            Administration, 409 3rd Street, 6th
                                                that the proposed rule change imposes                     amendments, all written statements
                                                                                                          with respect to the proposed rule                     Floor, Washington, DC 20416.
                                                any burden on competition that is not
                                                                                                          change that are filed with the                        FOR FURTHER INFORMATION CONTACT:
                                                necessary or appropriate in furtherance
                                                                                                          Commission, and all written                           Carol Fendler, Director, Licensing and
                                                of the purposes of the Act.
                                                                                                          communications relating to the                        Program Standards Office of Investment
                                                C. Clearing Agency’s Statement on                         proposed rule change between the                      and Innovation 202–205–7559,
                                                Comments on the Proposed Rule                             Commission and any person, other than                 carol.fendler@sba.gov, or Curtis B. Rich,
                                                Change Received From Members,                             those that may be withheld from the                   Management Analyst, 202–205–7030,
                                                Participants or Others                                    public in accordance with the                         curtis.rich@sba.gov.
                                                  Written comments relating to the                        provisions of 5 U.S.C. 552, will be                   SUPPLEMENTARY INFORMATION: Small
                                                proposed rule change have not been                        available for website viewing and                     Business Investment Companies will
                                                solicited or received. LCH SA will                        printing in the Commission’s Public                   use this form to request a determination
                                                notify the Commission of any written                      Reference Room, 100 F Street NE,                      of eligibility for SBA leverage in form of
                                                comments received by LCH SA.                              Washington, DC 20549 on official                      a deferred interest ‘‘energy saving
                                                                                                          business days between the hours of                    debenture’’ which can be used only to
                                                III. Date of Effectiveness of the                         10:00 a.m. and 3:00 p.m. Copies of the                make an ‘‘Energy Saving Qualified
                                                Proposed Rule Change and Timing for
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                                                                                                          filing also will be available for                     Investment’’ Eligibility is based on
                                                Commission Action                                         inspection and copying at the principal               whether the Small Business to be
                                                   Within 45 days of the date of                          office of LCH SA and on LCH SA’s                      financed with leverage proceeds
                                                publication of this notice in the Federal                 website at http://www.lch.com/asset-                  ‘‘primarily engaged’’ in Energy Savings
                                                Register or within such longer period                     classes/cdsclear.                                     Activities as defined in the SBIC
                                                                                                             All comments received will be posted               program regulations.
                                                  14 15   U.S.C. 78q–1(b)(3)(F).                          without change; Persons submitting
                                                  15 15   U.S.C. 78q–1(b)(3)(I).                          comments are cautioned that we do not                   16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-15 00:21:20
Document Modified: 2018-02-15 00:21:20
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 6915 

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