Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Proposed Rule Change, Security-Based Swap Submission, or Advance Notice Relating to the ICC Clearing Rules and the ICC Treasury Operations Policies and Procedures, 31121-31123 [2017-14013]
Download as PDF
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
is listed on another national securities
exchange.
The Commission has previously
approved substantively identical rules
for the listing and trading of ETPs on
NYSE Arca and NYSE. The Exchange
represents that it will not list, but only
trade, ETPs on a UTP basis. The
Exchange represents that to trade
pursuant to UTP any ETP that is listed
and traded on another national
securities exchange, NYSE MKT would
be required to file Form 19b–4(e) with
the Commission.
The Commission believes that the
Exchange’s proposal does not raise any
novel issues, and the proposed rules of
the Exchange are consistent with the
rules of other national securities
exchanges that trade securities,
including ETPs.29 Additionally, the
Exchange represents, and its proposed
rules specify, that NYSE MKT will not
list any ETPs unless it first obtains
Commission approval of a proposed rule
change under Section 19(b)(2) of the
Act. Therefore, the provisions of
proposed Rules 5E and 8E that permit
the listing of ETPs would only be
effective if the Commission approves a
proposed rule change for the Exchange
to amend its rules to comply with Rules
10A–3 and 10C–1 under the Act and to
incorporate other applicable listing
criteria. Finally, the Commission notes
that NYSE MKT has represented that it
will be responsible for accepting the
obligations applicable to a UTP market,
including specific requirements for
registered market makers, books and
records production, surveillance
procedures, suitability and prospectus
requirements, and requisite Exchange
approvals.30
The Commission believes that the
UTP trading on NYSE MKT of NMS
stocks, including ETPs, listed on other
national securities exchanges is
consistent with existing UTP trading of
NMS stocks on other national securities
exchanges and that is designed to
increase competition among the
different securities markets to the
benefit of market participants. The
Commission therefore finds that NYSE
MKT’s proposed rules governing trading
on a UTP basis on its Pillar platform are
consistent with the Act.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,31 that the
proposed rule change (SR–NYSEMKT–
2016–103), as modified by Amendments
29 See, e.g., Rule 14.1 of Bats BYX Exchange, Inc.
and Rule 14.1 of Bats EDGA Exchange, Inc.
30 See proposed Rule 5.1E.
31 15 U.S.C. 78s(b)(2).
VerDate Sep<11>2014
17:57 Jul 03, 2017
Jkt 241001
No. 1, 2, and 3, be, and it hereby is,
approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.32
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–14014 Filed 7–3–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–427, OMB Control No.
3235–0476]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736
Extension: Rule 10b–17
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 10b–17 (17 CFR
240.10b–17), under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.). The Commission plans to submit
this existing collection of information to
the Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 10b–17 requires any issuer of a
class of securities publicly traded by the
use of any means or instrumentality of
interstate commerce or of the mails or
of any facility of any national securities
exchange to give notice of the following
specific distributions relating to such
class of securities: (1) A dividend or
other distribution in cash or in kind
other than interest payments on debt
securities; (2) a stock split or reverse
stock split; or (3) a rights or other
subscription offering.
There are approximately 12,127
respondents per year. These
respondents make approximately 27,144
responses per year. Each response takes
approximately 10 minutes to complete.
Thus, the total compliance burden per
year is 4,524 burden hours. The total
internal labor cost of compliance for the
respondents, associated with producing
and filing the reports, is approximately
$317,991.96.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
PO 00000
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
Please direct your written comments
to: Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
Dated: June 28, 2017.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–14065 Filed 7–3–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81037; File No. SR–ICC–
2017–010]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Proposed
Rule Change, Security-Based Swap
Submission, or Advance Notice
Relating to the ICC Clearing Rules and
the ICC Treasury Operations Policies
and Procedures
June 28, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 1 and
Rule 19b–4 thereunder,2 notice is
hereby given that on June 16, 2017, ICE
Clear Credit LLC (‘‘ICC’’) filed with the
Securities and Exchange Commission
the proposed rule change, securitybased swap submission, or advance
notice, 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,
security-based swap submission, or
advance notice from interested persons.
1 15
32 17
CFR 200.30–3(a)(12).
Frm 00083
Fmt 4703
Sfmt 4703
31121
2 17
E:\FR\FM\05JYN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
05JYN1
31122
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
to the ICC Rules and ICC Treasury
Policy are described in detail as follows.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed changes is to make changes to
the ICC Clearing Rules (the ‘‘ICC Rules’’)
and ICC Treasury Operations Policies
and Procedures (‘‘Treasury Policy’’) to
remove eligibility of Japanese yen
(‘‘JPY’’), Great British pounds (‘‘GBP’’),
and Canadian dollars (‘‘CAD’’) to meet
Initial Margin and Guaranty Fund
requirements.
II. Clearing Agency’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.
sradovich on DSK3GMQ082PROD with NOTICES
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
ICC Clearing Participants are required
to post Initial Margin and contribute to
the Guaranty Fund to collateralize their
individual credit exposure to ICC.
Currently, a Clearing Participant may
meet the final 35% of their Initial
Margin and Guaranty Fund
requirements with JPY, GBP, or CAD, in
aggregate. To date, ICC has never
received GBP and CAD, and has
received small deposits of JPY from a
limited number of Clearing Participants
(i.e. less than 1% of total margin
deposits). JPY, GBP, and CAD are not
considered to be ‘liquid’ resources from
an ICC perspective, as they must be
converted to another currency (USD or
Euro). JPY additionally has a significant
timing issue related to conversion.
Further, ICC has found securitization for
these currencies impractical, especially
for the small balances of JPY received.
For the aforementioned reasons, ICC
proposes revising the ICC Rules and ICC
Treasury Operations Policies and
Procedures to remove eligibility of JPY,
GBP, and CAD to meet Initial Margin
and Guaranty Fund requirements.
Clearing Participants will continue to be
able to meet their Initial Margin and
Guaranty Fund requirements using Euro
cash, U.S. cash and/or U.S. Treasuries,
in accordance with the collateral
thresholds set forth in Schedule 401 of
the ICC Rules. The proposed revisions
VerDate Sep<11>2014
17:57 Jul 03, 2017
Jkt 241001
ICC Rules
ICC proposes updates to Schedule 401
of the ICC Rules. Specifically, ICC
proposes removing references to G7
cash,3 and defining ‘All Eligible
Collateral’ for both Non-Client Initial
Margin and Guaranty Fund Liquidity
Requirements and Client-Related Initial
Margin Liquidity Requirements to be
U.S. cash, Euro cash, and/or U.S.
Treasuries. Under the proposed
changes, U.S. cash, Euro cash, and/or
U.S. Treasuries will be eligible for
meeting the final 35% of Initial Margin
and Guaranty Fund requirements for all
Non-Client Initial Margin and Guaranty
Fund Liquidity Requirements and
Client-Related USD denominated Initial
Margin Requirements; and U.S. cash,
Euro cash, and/or U.S. Treasuries will
be eligible for meeting a maximum of
100% of Initial Margin requirements for
Client-Related Euro Denominated
Product Requirements.
ICC Treasury Policy
ICC also proposes updates to the ICC
Treasury Policy to remove references to
CAD, GBP, and JPY as eligible collateral.
ICC proposes removing references to
CAD, GBP, and JPY in the ‘Collateral
Liquidation Assumptions’ tables (for
both Euro and U.S. Dollar denominated
requirements). Under the proposed
changes, the tables will set forth
collateral liquidity assumptions for U.S.
cash, Euro cash, and U.S. Treasuries
only.
ICC proposes updating the House
Initial Margin and Guaranty Fund
Liquidity Requirements (for Non-Client
U.S. Dollar and Euro denominated
requirements) chart to remove reference
to G7 cash and to define ‘All Eligible
Collateral’ to be U.S. cash, Euro cash,
and/or U.S. Treasuries. ICC proposes
updating the list of acceptable forms of
collateral for Initial Margin to
specifically include U.S. Treasury
Securities, U.S. cash, and Euro cash,
and to remove the general reference to
G7 currencies. ICC also proposes
updating the list of acceptable forms of
collateral for the Guaranty Fund to
include U.S. Treasury Securities, U.S.
cash, and Euro cash, and to remove the
general reference to G7 currencies. ICC
proposes updates to the ‘Eligible Client
Collateral’ section of the Treasury Policy
to note that ICC’s eligible collateral for
client Initial Margin includes U.S. cash,
Euro cash, and U.S. government
securities in line with current eligible
collateral for House exposures (i.e. U.S.
Treasuries). ICC also proposes updates
to the ‘Client-Related Initial Margin
Liquidity Requirements’ section of the
Treasury Policy to reflect the proposed
liquidity requirement changes, namely
U.S. denominated product requirements
of 65% U.S. cash and/or U.S.
Treasuries, and 35% remainder eligible
U.S. cash, U.S. Treasuries, and/or Euro
cash; and Euro denominated product
requirements of 100% U.S. cash, Euro
cash, and/or U.S. Treasuries.
Section 17A(b)(3)(F) of the Act 4
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; to assure the
safeguarding of securities and funds
which are in the custody or control of
the clearing agency or for which it is
responsible; and to comply with the
provisions of the Act and the rules and
regulations thereunder. ICC believes
that the proposed rule changes are
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to ICC, in
particular, to Section 17A(b)(3)(F),5
because ICC believes that removing
eligibility of JPY, GBP, and CAD to meet
Initial Margin and Guaranty Fund
requirements will promote the prompt
and accurate clearance and settlement of
securities transactions, derivatives
agreements, contracts, and transactions,
and contribute to the safeguarding of
securities and funds associated with
security-based swap transactions in
ICC’s custody or control, or for which
ICC is responsible. The proposed update
will promote the liquidity of ICC
collateral. Such changes are consistent
with the eligible collateral accepted by
other market participants. Further, from
a practical standpoint, the proposed
updates will have minimal impact on
ICC’s financial resource composition, as
such currencies have been rarely
utilized by Clearing Participants to meet
Initial Margin and Guaranty Fund
requirements. ICC will continue to
accept U.S. cash, Euro cash, and U.S.
Treasuries as eligible collateral, in
accordance with Schedule 401 of the
ICC Rules. Such collateral will continue
to be held in a manner whereby risk of
loss or of delay in access to them is
minimized, consistent with Section
17A(b)(3)(F) 6 and Rule 17Ad–22(d)(3).7
4 15
U.S.C. 78q–1(b)(3)(F).
5 Id.
3 G7 cash includes U.S. cash, Euro cash, JPY,
GBP, and CAD.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
6 Id.
7 17
E:\FR\FM\05JYN1.SGM
CFR 240.17Ad–22(d)(3).
05JYN1
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
(B) Clearing Agency’s Statement on
Burden on Competition
ICC does not believe the proposed
rule changes would have any impact, or
impose any burden, on competition.
The changes to ICC’s eligible collateral
apply uniformly across all market
participants. Therefore, ICC does not
believe the proposed rule changes
impose any burden on competition that
is inappropriate 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. 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
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–2017–010 and should
be submitted on or before July 26, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017–14013 Filed 7–3–17; 8:45 am]
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–2017–010 on the subject line.
sradovich on DSK3GMQ082PROD with 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:
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing of
Advance Notice To Adopt a New Stock
Options and Futures Settlement
Agreement With The Options Clearing
Corporation
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–2017–010. 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
June 28, 2017.
VerDate Sep<11>2014
17:57 Jul 03, 2017
Jkt 241001
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81039; File No. SR–NSCC–
2017–803]
Pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
entitled the Payment, Clearing, and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’ or
‘‘Payment, Clearing and Settlement
Supervision Act’’) 1 and Rule 19b–
PO 00000
8 17
1 12
CFR 200.30–3(a)(12).
U.S.C. 5465(e)(1).
Frm 00085
Fmt 4703
Sfmt 4703
31123
4(n)(1)(i) under the Securities Exchange
Act of 1934 (‘‘Act’’),2 notice is hereby
given that on June 1, 2017, National
Securities Clearing Corporation
(‘‘NSCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the advance notice SR–NSCC–2017–803
(‘‘Advance Notice’’) as described in
Items I, II and III below, which Items
have been prepared by the clearing
agency.3 The Commission is publishing
this notice to solicit comments on the
Advance Notice from interested
persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This Advance Notice has been filed
by NSCC in connection with proposed
changes relating to a new Stock Options
and Futures Settlement Agreement
(‘‘New Accord’’) between NSCC and The
Options Clearing Corporation (‘‘OCC,’’
collectively NSCC and OCC may be
referred to herein as the ‘‘clearing
agencies’’), and proposed amendments
to Procedures III and XV of the Rules &
Procedures of NSCC (‘‘NSCC Rules’’) to
accommodate the proposed provisions
of the New Accord, as described in
greater detail below.4
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission, the
clearing agency included statements
concerning the purpose of and basis for
the Advance Notice and discussed any
comments it received on the Advance
Notice. The text of these statements may
be examined at the places specified in
Item IV below. The clearing agency has
prepared summaries, set forth in
sections A and B below, of the most
significant aspects of such statements.
2 17
CFR 240.19b–4(n)(1)(i).
June 1, 2017, NSCC filed this Advance
Notice as a proposed rule change (SR–NSCC–2017–
007) with the Commission pursuant to Section
19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
19b–4, 17 CFR 240.19b–4. A copy of the proposed
rule change is available at https://www.dtcc.com/
legal/sec-rule-filings.aspx. The Options Clearing
Corporation also has filed proposed rule change and
advance notice filings with the Commission in
connection with this proposal. See OCC filings SR–
OCC–2017–013 and SR–OCC–2017–804.
4 Terms not defined herein are defined in the
NSCC Rules, available at https://www.dtcc.com/∼/
media/Files/Downloads/legal/rules/nscc_rules.pdf,
or in OCC’s By-Laws and Rules, available at https://
optionsclearing.com/about/publications/bylaws.jsp,
as the context implies.
3 On
E:\FR\FM\05JYN1.SGM
05JYN1
Agencies
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31121-31123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14013]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81037; File No. SR-ICC-2017-010]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice
Relating to the ICC Clearing Rules and the ICC Treasury Operations
Policies and Procedures
June 28, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on June
16, 2017, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission the proposed rule change, security-based swap
submission, or advance notice, 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, security-based swap submission, or advance notice from
interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
[[Page 31122]]
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the proposed changes is to make changes to
the ICC Clearing Rules (the ``ICC Rules'') and ICC Treasury Operations
Policies and Procedures (``Treasury Policy'') to remove eligibility of
Japanese yen (``JPY''), Great British pounds (``GBP''), and Canadian
dollars (``CAD'') to meet Initial Margin and Guaranty Fund
requirements.
II. Clearing Agency'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) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
ICC Clearing Participants are required to post Initial Margin and
contribute to the Guaranty Fund to collateralize their individual
credit exposure to ICC. Currently, a Clearing Participant may meet the
final 35% of their Initial Margin and Guaranty Fund requirements with
JPY, GBP, or CAD, in aggregate. To date, ICC has never received GBP and
CAD, and has received small deposits of JPY from a limited number of
Clearing Participants (i.e. less than 1% of total margin deposits).
JPY, GBP, and CAD are not considered to be `liquid' resources from an
ICC perspective, as they must be converted to another currency (USD or
Euro). JPY additionally has a significant timing issue related to
conversion. Further, ICC has found securitization for these currencies
impractical, especially for the small balances of JPY received.
For the aforementioned reasons, ICC proposes revising the ICC Rules
and ICC Treasury Operations Policies and Procedures to remove
eligibility of JPY, GBP, and CAD to meet Initial Margin and Guaranty
Fund requirements. Clearing Participants will continue to be able to
meet their Initial Margin and Guaranty Fund requirements using Euro
cash, U.S. cash and/or U.S. Treasuries, in accordance with the
collateral thresholds set forth in Schedule 401 of the ICC Rules. The
proposed revisions to the ICC Rules and ICC Treasury Policy are
described in detail as follows.
ICC Rules
ICC proposes updates to Schedule 401 of the ICC Rules.
Specifically, ICC proposes removing references to G7 cash,\3\ and
defining `All Eligible Collateral' for both Non-Client Initial Margin
and Guaranty Fund Liquidity Requirements and Client-Related Initial
Margin Liquidity Requirements to be U.S. cash, Euro cash, and/or U.S.
Treasuries. Under the proposed changes, U.S. cash, Euro cash, and/or
U.S. Treasuries will be eligible for meeting the final 35% of Initial
Margin and Guaranty Fund requirements for all Non-Client Initial Margin
and Guaranty Fund Liquidity Requirements and Client-Related USD
denominated Initial Margin Requirements; and U.S. cash, Euro cash, and/
or U.S. Treasuries will be eligible for meeting a maximum of 100% of
Initial Margin requirements for Client-Related Euro Denominated Product
Requirements.
---------------------------------------------------------------------------
\3\ G7 cash includes U.S. cash, Euro cash, JPY, GBP, and CAD.
---------------------------------------------------------------------------
ICC Treasury Policy
ICC also proposes updates to the ICC Treasury Policy to remove
references to CAD, GBP, and JPY as eligible collateral. ICC proposes
removing references to CAD, GBP, and JPY in the `Collateral Liquidation
Assumptions' tables (for both Euro and U.S. Dollar denominated
requirements). Under the proposed changes, the tables will set forth
collateral liquidity assumptions for U.S. cash, Euro cash, and U.S.
Treasuries only.
ICC proposes updating the House Initial Margin and Guaranty Fund
Liquidity Requirements (for Non-Client U.S. Dollar and Euro denominated
requirements) chart to remove reference to G7 cash and to define `All
Eligible Collateral' to be U.S. cash, Euro cash, and/or U.S.
Treasuries. ICC proposes updating the list of acceptable forms of
collateral for Initial Margin to specifically include U.S. Treasury
Securities, U.S. cash, and Euro cash, and to remove the general
reference to G7 currencies. ICC also proposes updating the list of
acceptable forms of collateral for the Guaranty Fund to include U.S.
Treasury Securities, U.S. cash, and Euro cash, and to remove the
general reference to G7 currencies. ICC proposes updates to the
`Eligible Client Collateral' section of the Treasury Policy to note
that ICC's eligible collateral for client Initial Margin includes U.S.
cash, Euro cash, and U.S. government securities in line with current
eligible collateral for House exposures (i.e. U.S. Treasuries). ICC
also proposes updates to the `Client-Related Initial Margin Liquidity
Requirements' section of the Treasury Policy to reflect the proposed
liquidity requirement changes, namely U.S. denominated product
requirements of 65% U.S. cash and/or U.S. Treasuries, and 35% remainder
eligible U.S. cash, U.S. Treasuries, and/or Euro cash; and Euro
denominated product requirements of 100% U.S. cash, Euro cash, and/or
U.S. Treasuries.
Section 17A(b)(3)(F) of the Act \4\ 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; to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible; and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule changes
are consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(F),\5\ because ICC believes that removing eligibility of JPY,
GBP, and CAD to meet Initial Margin and Guaranty Fund requirements will
promote the prompt and accurate clearance and settlement of securities
transactions, derivatives agreements, contracts, and transactions, and
contribute to the safeguarding of securities and funds associated with
security-based swap transactions in ICC's custody or control, or for
which ICC is responsible. The proposed update will promote the
liquidity of ICC collateral. Such changes are consistent with the
eligible collateral accepted by other market participants. Further,
from a practical standpoint, the proposed updates will have minimal
impact on ICC's financial resource composition, as such currencies have
been rarely utilized by Clearing Participants to meet Initial Margin
and Guaranty Fund requirements. ICC will continue to accept U.S. cash,
Euro cash, and U.S. Treasuries as eligible collateral, in accordance
with Schedule 401 of the ICC Rules. Such collateral will continue to be
held in a manner whereby risk of loss or of delay in access to them is
minimized, consistent with Section 17A(b)(3)(F) \6\ and Rule 17Ad-
22(d)(3).\7\
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78q-1(b)(3)(F).
\5\ Id.
\6\ Id.
\7\ 17 CFR 240.17Ad-22(d)(3).
---------------------------------------------------------------------------
[[Page 31123]]
(B) Clearing Agency's Statement on Burden on Competition
ICC does not believe the proposed rule changes would have any
impact, or impose any burden, on competition. The changes to ICC's
eligible collateral apply uniformly across all market participants.
Therefore, ICC does not believe the proposed rule changes impose any
burden on competition that is inappropriate 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. 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 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-ICC-2017-010 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-2017-010. 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-2017-010
and should be submitted on or before July 26, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------
\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-14013 Filed 7-3-17; 8:45 am]
BILLING CODE 8011-01-P