Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change To Provide for the Clearance of Additional Western European Sovereign Single Names, 20278-20280 [2015-08542]
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20278
Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 7 of the Act and
subparagraph (f)(2) of Rule 19b–4 8
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 9 of the Act to
determine whether the proposed rule
change should be approved or
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:
tkelley on DSK3SPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2015–26 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549.
All submissions should refer to File
Number SR–NYSEMKT–2015–26. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://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
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
9 15 U.S.C. 78s(b)(2)(B).
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2015–26 and should be
submitted on or before May 6, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Brent J. Fields,
Secretary.
[FR Doc. 2015–08547 Filed 4–14–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74687; File No. SR–ICC–
2015–007]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing of
Proposed Rule Change To Provide for
the Clearance of Additional Western
European Sovereign Single Names
April 9, 2015.
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 April 7,
2015, ICE Clear Credit LLC (‘‘ICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared primarily by ICC.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The purpose of the proposed rule
change is to adopt rules that will
provide the basis for ICC to clear
additional credit default swap contracts.
7 15
10 17
8 17
1 15
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17:29 Apr 14, 2015
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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Specifically, ICC is proposing to amend
Subchapter 26I of its rules to provide for
the clearance of additional Standard
Western European Sovereign CDS
contracts (collectively, ‘‘SWES
Contracts’’). ICC currently clears six
SWES Contracts: the Republic of
Ireland, the Italian Republic, the
Portuguese Republic, the Kingdom of
Spain, the Kingdom of Belgium, and the
Republic of Austria. The proposed
changes to the ICC Rules would provide
for the clearance of additional SWES
Contracts, specifically the Kingdom of
the Netherlands, the Republic of
Finland, the Kingdom of Sweden, and
the Kingdom of Denmark.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICC
included statements concerning the
purpose of and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. ICC has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of these statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The purpose of the proposed rule
change is to adopt rules that will
provide the basis for ICC to clear
additional credit default swap contracts.
ICC currently clears six SWES
Contracts: the Republic of Ireland, the
Italian Republic, the Portuguese
Republic, the Kingdom of Spain, the
Kingdom of Belgium, and the Republic
of Austria. ICC proposes amending
Subchapter 26I of its Rules to provide
for the clearance of additional SWES
Contracts, specifically the Kingdom of
the Netherlands, the Republic of
Finland, the Kingdom of Sweden, and
the Kingdom of Denmark. ICC plans to
offer these additional SWES Contracts
on the 2003 and 2014 ISDA Credit
Derivatives Definitions. The addition of
these SWES Contracts will benefit the
market for credit default swaps by
providing market participants the
benefits of clearing, including reduction
in counterparty risk and safeguarding of
margin assets pursuant to clearing house
rules.
These additional SWES Contracts
have terms consistent with the other
SWES Contracts approved for clearing at
ICC and governed by Subchapter 26I of
the ICC Rules, namely the Republic of
E:\FR\FM\15APN1.SGM
15APN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices
Ireland, the Italian Republic, the
Portuguese Republic, the Kingdom of
Spain, the Kingdom of Belgium, and the
Republic of Austria. Minor revisions to
Subchapter 26I (Standard Western
European Sovereign (‘‘SWES’’) Single
Name) are made to provide for clearing
the additional SWES Contracts and
described as follows.
Rule 26I–102 is modified to include
the Kingdom of the Netherlands, the
Republic of Finland, the Kingdom of
Sweden, and the Kingdom of Denmark
in the list of specific Eligible SWES
Reference Entities to be cleared by ICC.
ICC’s Risk Management Framework
has also been revised to provide
enhancements to the General Wrong
Way Risk (‘‘GWWR’’) methodology
related to the clearance of additional
SWES Contracts. The proposed changes
to the ICC Risk Management Framework
extend the GWWR framework to the
portfolio level. Currently, there exists no
Clearing Participant-level cumulative
GWWR requirement incorporated in the
Jump-to-Default calculations. The
uncollateralized WWR exposure of a
Risk Factor needs to exceed its
corresponding WWR threshold in order
to trigger WWR collateralization. The
proposed enhancement is introduced to
account for the potential accumulation
of portfolio WWR through Risk Factor
specific WWR exposures. Under the
proposed approach, if the cumulative
uncollateralized exposure exceeds a predetermined portfolio GWWR threshold,
the amount above the threshold is
collateralized.
Section 17A(b)(3)(F) of the Act 3
requires, among other things, that the
rules of a clearing agency be designed to
promote the prompt and accurate
clearance and settlement of securities
transactions and, to the extent
applicable, derivative agreements,
contracts, and transactions and to
comply with the provisions of the Act
and the rules and regulations
thereunder. These contracts are similar
to the SWES Contracts currently cleared
by ICC, and the additional SWES
Contracts will be cleared pursuant to
ICC’s existing clearing arrangements and
related financial safeguards, protections
and risk management procedures,
except as described herein. The
additional SWES Contracts will allow
market participants an increased ability
to manage risk. ICC believes that
acceptance of the new contracts, on the
terms and conditions set out in the ICC
Rules, is consistent with the prompt and
accurate clearance of and settlement of
securities transactions and derivative
agreements, contracts and transactions
3 15
U.S.C. 78q–1(b)(3)(F).
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Jkt 235001
cleared by ICC, the safeguarding of
securities and funds in the custody or
control of ICC, and the protection of
investors and the public interest, within
the meaning of Section 17A(b)(3)(F) of
the Act.4 ICC performed a
comprehensive risk analysis related to
the clearing of additional SWES
Contracts and identified the potential
for uncollateralized GWWR exposure as
a new risk and accommodated for this
risk in the ICC Risk Management
Framework, as discussed herein. ICC
identified no additional risk or systemic
risk concerns introduced by clearing
additional SWES Contracts, not
accounted for by ICC’s existing risk
management procedures. As such,
clearing the additional SWES Contracts
is consistent with the requirement of
promoting and protecting the public
interest in Section 17A(b)(3)(F).5
Clearing of the additional SWES
Contracts will also satisfy the
requirements of Rule 17Ad–22.6 In
particular, in terms of financial
resources, ICC will apply its existing
initial margin methodology to the
additional contracts, with
enhancements to the GWWR
methodology discussed above. ICC
believes that this model will provide
sufficient initial margin requirements to
cover its credit exposure to its clearing
members from clearing such contracts,
consistent with the requirements of Rule
17Ad–22(b)(2).7 In addition, ICC
believes its Guaranty Fund, under its
existing methodology, will, together
with the required initial margin, provide
sufficient financial resources to support
the clearing of the additional contracts
consistent with the requirements of Rule
17Ad–22(b)(3).8 ICC also believes that
its existing operational and managerial
resources will be sufficient for clearing
of the additional contracts, consistent
with the requirements of Rule 17Ad–
22(d)(4),9 as the new contracts are
substantially the same from an
operational perspective as existing
contracts. Similarly, ICC will use its
existing settlement procedures and
account structures for the new contracts,
consistent with the requirements of Rule
17Ad–22(d)(5), (12) and (15) 10 as to the
finality and accuracy of its daily
settlement process and avoidance of the
risk to ICC of settlement failures. ICC
determined to accept the additional
SWES Contracts for clearing in
4 15
U.S.C. 78q–1(b)(3)(F).
5 Id.
6 17
CFR 240.17Ad–22.
CFR 240.17Ad–22(b)(2).
8 17 CFR 240.17Ad–22(b)(3).
9 17 CFR 240.17Ad–22(d)(4).
10 17 CFR 240.17Ad–22(d)(5), (12) and (15).
7 17
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20279
accordance with its governance process,
which included review of the contracts
and related risk management
considerations (and the enhancements
to the GWWR methodology discussed
herein) by the ICC Risk Committee and
approval by its Board. These governance
arrangements are consistent with the
requirements of Rule 17Ad–22(d)(8).11
Finally, ICC will apply its existing
default management policies and
procedures for the additional SWES
Contracts. ICC believes that these
procedures allow for it to take timely
action to contain losses and liquidity
pressures and to continue meeting its
obligations in the event of clearing
member insolvencies or defaults in
respect of the additional single names,
in accordance with Rule 17Ad–
22(d)(11).12
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The additional SWES Contracts will
be available to all ICC Participants for
clearing. The clearing of these
additional SWES Contracts by ICC does
not preclude the offering of the
additional SWES Contracts for clearing
by other market participants.
Accordingly, ICC does not believe that
clearance of the additional SWES
Contracts will impose any burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Act.
C. Self-Regulatory Organization’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. ICC will notify the
Commission of any written comments
received by ICC.
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
the proposed rule change or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
11 17
12 17
E:\FR\FM\15APN1.SGM
CFR 240.17Ad–22(d)(8).
CFR 240.17Ad–22(d)(11).
15APN1
20280
Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ICC–2015–007 on the subject line.
Paper Comments
tkelley on DSK3SPTVN1PROD with NOTICES
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ICC–2015–007. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of ICE Clear Credit and on ICE
Clear Credit’s Web site at https://
www.theice.com/clear-credit/regulation.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–ICC–2015–007 and should
be submitted on or before May 6, 2015.
13 17
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[FR Doc. 2015–08542 Filed 4–14–15; 8:45 am]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing of
Proposed Rule Change To Provide for
the Clearance of an Additional
Standard Emerging Market Sovereign
Single Name
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
April 9, 2015.
[Release No. 34–74642A; File No. SR–
NYSE–2014–59]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Withdrawal of a Proposed Rule
Change, as Modified by Partial
Amendment No. 1, Amending Rule 13
and Related Rules Governing Order
Types and Modifiers; Correction
April 9, 2015.
Securities and Exchange
Commission.
AGENCY:
ACTION:
Notice; correction.
The Securities and Exchange
Commission published a document in
the Federal Register on April 9, 2015,
concerning a Notice of Withdrawal of a
Proposed Rule Change, as Modified by
Partial Amendment No. 1, Amending
Rule 13 and Related Rules Governing
Order Types and Modifiers. The
document contained a typographical
error.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Steve Kuan, Division of Trading and
Markets, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549, (202) 551–5624.
Correction
In the Federal Register of April 9,
2015 in FR Doc. 2015–8107, on page
19097, in the fourth line in the first
column, correct the date ‘‘February 26,
2014’’ to ‘‘February 26, 2015.’’
Dated: April 9, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–08628 Filed 4–14–15; 8:45 am]
BILLING CODE 8011–01–P
CFR 200.30–3(a)(12).
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17:29 Apr 14, 2015
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[Release No. 34–74688; File No. SR–ICC–
2015–006]
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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 March 27,
2015, ICE Clear Credit LLC (‘‘ICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared primarily by ICC.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The purpose of the proposed rule
change is to adopt rules that will
provide the basis for ICC to clear an
additional credit default swap contract.
Specifically, ICC is proposing to amend
Subchapter 26D of its rules to provide
for the clearance of an additional
Standard Emerging Market Sovereign
CDS contract (‘‘SES Contract’’), namely
Ukraine.
ICC has been approved to clear twelve
SES Contracts: The Federative Republic
of Brazil, the United Mexican States, the
Bolivarian Republic of Venezuela, the
Argentine Republic, the Republic of
Turkey, the Russian Federation, the
Republic of Hungary, the Republic of
South Africa, the Republic of Chile, the
Republic of Peru, the Republic of
Colombia, and the Republic of Poland.3
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 34–
65588 (Oct. 18, 2011), 76 FR 65763 (Oct. 24, 2011)
(File No. SR–ICC–2011–01) (order approving rule
change to clear SES Contracts referencing the
Federative Republic of Brazil, the United Mexican
States, the Bolivian Republic of Venezuela, and the
Argentine Republic); Securities Exchange Act
Release No. 34–70849 (Nov. 12, 2013), 78 FR 69167
(Nov. 18, 2013) (File No. SR–ICC–2013–07) (order
approving rule change to clear SES Contracts
referencing the Republic of Turkey and the Russian
Federation); Securities Exchange Act Release No.
34–73220 (Sep. 25, 2014), 79 FR 59340 (Oct. 1,
2014) (File No. SR–ICC–2014–13) (order approving
rule change to clear SES Contracts referencing the
Republic of Hungary and the Republic of South
Africa); and Securities Exchange Act Release No.
34–74593 (Mar. 26, 2015), 80 FR 17538 (Apr. 1,
2 17
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Agencies
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20278-20280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08542]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74687; File No. SR-ICC-2015-007]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change To Provide for the Clearance of
Additional Western European Sovereign Single Names
April 9, 2015.
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 April 7, 2015, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared primarily by ICC. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The purpose of the proposed rule change is to adopt rules that will
provide the basis for ICC to clear additional credit default swap
contracts. Specifically, ICC is proposing to amend Subchapter 26I of
its rules to provide for the clearance of additional Standard Western
European Sovereign CDS contracts (collectively, ``SWES Contracts'').
ICC currently clears six SWES Contracts: the Republic of Ireland, the
Italian Republic, the Portuguese Republic, the Kingdom of Spain, the
Kingdom of Belgium, and the Republic of Austria. The proposed changes
to the ICC Rules would provide for the clearance of additional SWES
Contracts, specifically the Kingdom of the Netherlands, the Republic of
Finland, the Kingdom of Sweden, and the Kingdom of Denmark.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
The purpose of the proposed rule change is to adopt rules that will
provide the basis for ICC to clear additional credit default swap
contracts. ICC currently clears six SWES Contracts: the Republic of
Ireland, the Italian Republic, the Portuguese Republic, the Kingdom of
Spain, the Kingdom of Belgium, and the Republic of Austria. ICC
proposes amending Subchapter 26I of its Rules to provide for the
clearance of additional SWES Contracts, specifically the Kingdom of the
Netherlands, the Republic of Finland, the Kingdom of Sweden, and the
Kingdom of Denmark. ICC plans to offer these additional SWES Contracts
on the 2003 and 2014 ISDA Credit Derivatives Definitions. The addition
of these SWES Contracts will benefit the market for credit default
swaps by providing market participants the benefits of clearing,
including reduction in counterparty risk and safeguarding of margin
assets pursuant to clearing house rules.
These additional SWES Contracts have terms consistent with the
other SWES Contracts approved for clearing at ICC and governed by
Subchapter 26I of the ICC Rules, namely the Republic of
[[Page 20279]]
Ireland, the Italian Republic, the Portuguese Republic, the Kingdom of
Spain, the Kingdom of Belgium, and the Republic of Austria. Minor
revisions to Subchapter 26I (Standard Western European Sovereign
(``SWES'') Single Name) are made to provide for clearing the additional
SWES Contracts and described as follows.
Rule 26I-102 is modified to include the Kingdom of the Netherlands,
the Republic of Finland, the Kingdom of Sweden, and the Kingdom of
Denmark in the list of specific Eligible SWES Reference Entities to be
cleared by ICC.
ICC's Risk Management Framework has also been revised to provide
enhancements to the General Wrong Way Risk (``GWWR'') methodology
related to the clearance of additional SWES Contracts. The proposed
changes to the ICC Risk Management Framework extend the GWWR framework
to the portfolio level. Currently, there exists no Clearing
Participant-level cumulative GWWR requirement incorporated in the Jump-
to-Default calculations. The uncollateralized WWR exposure of a Risk
Factor needs to exceed its corresponding WWR threshold in order to
trigger WWR collateralization. The proposed enhancement is introduced
to account for the potential accumulation of portfolio WWR through Risk
Factor specific WWR exposures. Under the proposed approach, if the
cumulative uncollateralized exposure exceeds a pre-determined portfolio
GWWR threshold, the amount above the threshold is collateralized.
Section 17A(b)(3)(F) of the Act \3\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions and to comply with the provisions of the Act and the rules
and regulations thereunder. These contracts are similar to the SWES
Contracts currently cleared by ICC, and the additional SWES Contracts
will be cleared pursuant to ICC's existing clearing arrangements and
related financial safeguards, protections and risk management
procedures, except as described herein. The additional SWES Contracts
will allow market participants an increased ability to manage risk. ICC
believes that acceptance of the new contracts, on the terms and
conditions set out in the ICC Rules, is consistent with the prompt and
accurate clearance of and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, the
safeguarding of securities and funds in the custody or control of ICC,
and the protection of investors and the public interest, within the
meaning of Section 17A(b)(3)(F) of the Act.\4\ ICC performed a
comprehensive risk analysis related to the clearing of additional SWES
Contracts and identified the potential for uncollateralized GWWR
exposure as a new risk and accommodated for this risk in the ICC Risk
Management Framework, as discussed herein. ICC identified no additional
risk or systemic risk concerns introduced by clearing additional SWES
Contracts, not accounted for by ICC's existing risk management
procedures. As such, clearing the additional SWES Contracts is
consistent with the requirement of promoting and protecting the public
interest in Section 17A(b)(3)(F).\5\
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78q-1(b)(3)(F).
\4\ 15 U.S.C. 78q-1(b)(3)(F).
\5\ Id.
---------------------------------------------------------------------------
Clearing of the additional SWES Contracts will also satisfy the
requirements of Rule 17Ad-22.\6\ In particular, in terms of financial
resources, ICC will apply its existing initial margin methodology to
the additional contracts, with enhancements to the GWWR methodology
discussed above. ICC believes that this model will provide sufficient
initial margin requirements to cover its credit exposure to its
clearing members from clearing such contracts, consistent with the
requirements of Rule 17Ad-22(b)(2).\7\ In addition, ICC believes its
Guaranty Fund, under its existing methodology, will, together with the
required initial margin, provide sufficient financial resources to
support the clearing of the additional contracts consistent with the
requirements of Rule 17Ad-22(b)(3).\8\ ICC also believes that its
existing operational and managerial resources will be sufficient for
clearing of the additional contracts, consistent with the requirements
of Rule 17Ad-22(d)(4),\9\ as the new contracts are substantially the
same from an operational perspective as existing contracts. Similarly,
ICC will use its existing settlement procedures and account structures
for the new contracts, consistent with the requirements of Rule 17Ad-
22(d)(5), (12) and (15) \10\ as to the finality and accuracy of its
daily settlement process and avoidance of the risk to ICC of settlement
failures. ICC determined to accept the additional SWES Contracts for
clearing in accordance with its governance process, which included
review of the contracts and related risk management considerations (and
the enhancements to the GWWR methodology discussed herein) by the ICC
Risk Committee and approval by its Board. These governance arrangements
are consistent with the requirements of Rule 17Ad-22(d)(8).\11\
Finally, ICC will apply its existing default management policies and
procedures for the additional SWES Contracts. ICC believes that these
procedures allow for it to take timely action to contain losses and
liquidity pressures and to continue meeting its obligations in the
event of clearing member insolvencies or defaults in respect of the
additional single names, in accordance with Rule 17Ad-22(d)(11).\12\
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\6\ 17 CFR 240.17Ad-22.
\7\ 17 CFR 240.17Ad-22(b)(2).
\8\ 17 CFR 240.17Ad-22(b)(3).
\9\ 17 CFR 240.17Ad-22(d)(4).
\10\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
\11\ 17 CFR 240.17Ad-22(d)(8).
\12\ 17 CFR 240.17Ad-22(d)(11).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The additional SWES Contracts will be available to all ICC
Participants for clearing. The clearing of these additional SWES
Contracts by ICC does not preclude the offering of the additional SWES
Contracts for clearing by other market participants. Accordingly, ICC
does not believe that clearance of the additional SWES Contracts will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization'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. ICC will notify the Commission of any written
comments received by ICC.
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 the proposed rule change or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
[[Page 20280]]
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-ICC-2015-007 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ICC-2015-007. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of ICE Clear Credit
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICC-2015-007
and should be submitted on or before May 6, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-08542 Filed 4-14-15; 8:45 am]
BILLING CODE 8011-01-P