Self-Regulatory Organizations; ICE Clear Europe Limited; Order Granting Accelerated Approval of Proposed Rule Change Relating to the ICE Clear Europe Limited CDS Procedures, CDS Risk Policy, and CDS Risk Model Description, 12630-12633 [2018-05793]
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12630
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices
proposed rule change (SR–BOX–2017–
36), as modified by Amendment No. 1,
be, and hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.43
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05794 Filed 3–21–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82890; File No. SR–ICEEU–
2018–002]
Self-Regulatory Organizations; ICE
Clear Europe Limited; Order Granting
Accelerated Approval of Proposed
Rule Change Relating to the ICE Clear
Europe Limited CDS Procedures, CDS
Risk Policy, and CDS Risk Model
Description
March 16, 2018.
I. Introduction
On February 6, 2018 ICE Clear Europe
Limited (‘‘ICE Clear Europe’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’),1 and
Rule 19b–4 thereunder,2 a proposed rule
change (SR–ICEEU–2018–002) to revise:
(i) Its CDS Procedures to support the
clearing of a new transaction type; and
(ii) its CDS Risk Policy, and CDS Risk
Model Description document to
incorporate certain modifications to its
risk management methodology.3 The
proposed rule change was published for
comment in the Federal Register on
February 15, 2018.4 The Commission
did not receive comments on the
proposed rule change. For the reasons
discussed below, the Commission is
approving the proposed rule change on
an accelerated basis.
II. Description of the Proposed Rule
Change
ICE Clear Europe proposed revisions
to its CDS Procedures, CDS Risk Policy,
and Risk Model Description document
in order to provide for the clearing of a
new transaction type, the Standard
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43 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Capitalized terms used in this order, but not
defined herein, have the same meaning as in the
ICE Clear Europe Rules, CDS Procedures, CDS Risk
Policy, or CDS Risk Model Description.
4 Securities Exchange Act Release No. 34–82678
(February 9, 2018), 83 FR 6909 (February 15, 2018)
(SR–ICEEU–2018–002) (‘‘Notice’’).
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European Senior Non-Preferred
Financial Corporate, and to provide for
revised risk management practices.
A. Changes to ICE Clear Europe CDS
Procedures
ICE Clear Europe proposed amending
Paragraph 4.3(c)(ii) of its CDS
Procedures, which sets forth the
requirements for Trade Particulars for
CDS that are submitted for Clearing, to
reference the Standard European Senior
Non-Preferred Financial Corporate
transaction type.5
ICE Clear Europe also proposed
amending Paragraph 11.3(i) to revise the
definition of ‘‘Non-STEC Single Name
Contract’’ to include the Standard
European Senior Non-Preferred
Financial Corporate transaction type in
the list of Reference Entities eligible to
be cleared by ICE Clear Europe, and also
proposed amending Paragraph 11.3(j) to
remove a requirement providing that the
relevant obligation must be ‘‘Senior
Level’’ and replace it with a requirement
that the relevant obligation be of the
‘‘applicable seniority level.’’ 6
B. Changes to ICE Clear Europe’s Risk
Model Description
As currently constructed, ICE Clear
Europe’s risk management methodology
takes into consideration the potential
losses associated with idiosyncratic
credit events, which ICE Clear Europe
refers to as ‘‘Loss-Given Default’’ or
‘‘LGD.’’ ICE Clear Europe deems each
Single Name (‘‘SN’’) reference entity a
Risk Factor, and each combination of
definition, doc-clause, tier, and
currency for a given SN Risk Factor as
a SN Risk Sub-Factor. ICE Clear Europe
currently measures losses associated
with credit events through a stressbased approach incorporating three
recovery rate scenarios: a minimum
recovery rate, an expected recovery rate,
and maximum recovery rate. ICE Clear
Europe combines exposures for Outright
and index-derived Risk Sub-Factors at
each recovery rate scenario.7
ICE Clear Europe currently uses the
results from the recovery rate scenarios
as an input into the Profit/Loss-GivenDefault (‘‘P/LGD’’) calculations at both
the Risk Sub-Factor and Risk Factor
levels. For each Risk Sub-Factor, ICE
Clear Europe calculates the P/LGD as
the worst credit event outcome, and for
each Risk Factor, ICE Clear Europe
calculates the P/LGD as the sum of the
worst credit outcomes per Risk SubFactor. These final P/LGD results are
5 Notice,
83 FR at 6909.
at 6909–10.
7 Id. at 6910.
6 Id.
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used as part of the determination of risk
requirements.8
ICE Clear Europe proposed changes to
its LGD framework at the Risk Factor
level with respect to the LGD
calculation. Specifically, ICE Clear
Europe proposed a change to its
approach by incorporating more
consistency in the calculation of the P/
LGD by using the same recovery rate
scenarios applied to the different Risk
Sub-Factors which are part of the
considered Risk Factor. For each Risk
Factor, ICE Clear Europe would
continue to calculate an ‘‘extreme
outcome’’ as the sum of the worst Risk
Sub-Factor P/LGDs across all scenarios
and also would, for each Risk Factor,
calculate an ‘‘expected outcome’’ as the
worst sum of all the Risk Sub-Factors P/
LGDs across all of the same scenarios.
Under the proposed changes, ICE Clear
Europe would then combine the results
of the ‘‘extreme outcome’’ calculation
and the ‘‘expected outcome’’ calculation
to compute the total LGD for each Risk
Factor.9 ICE Clear Europe proposed to
apply a weight of 25% to the extreme
outcome component in order to
implement certain requirements of
relevant regulatory technical standards
arising under the European Market
Infrastructure Regulation.10
ICE Clear Europe also proposed to
expand its LGD analysis to incorporate
a new ‘‘Risk Factor Group’’ level. Under
the proposed changes, a set of related
Risk Factors would form a Risk Factor
Group based on either (1) having a
common majority parental sovereign
ownership (e.g. quasi-sovereigns and
sovereigns), or (2) being a majority
owned subsidiary of a common parent
entity according to the Bloomberg
Related Securities Analysis. ICE Clear
Europe noted that a Risk Factor Group
could consist of only one Risk Factor.11
Under the proposed revisions, ICE
Clear Europe would calculate the total
quantity LGD on a Risk Factor Group
level, and account for the exposure due
to credit events associated with the
reference entities within a given Risk
Factor Group. Where a Risk Factor
Group contains only one Risk Factor,
ICE Clear Europe would compute the
LGD as the risk exposure due to a credit
event for a given underlying reference
8 Id.
9 Id.
10 See Commission Delegated Regulation (EU) No
153/2013 supplementing Regulation (EU) No 648/
2012 of the European Parliament and of the Council
with regard to regulatory technical standards on
requirements for central counterparties. ICE Clear
Europe is authorized as a central counterparty
under the European Market Infrastructure
Regulation and is subject to the requirements
thereof.
11 Notice, 83 FR at 6910.
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entity. Moreover, under the proposed
approach, ICE Clear Europe would sum
the P/LGDs for each Risk Factor in a
given Risk Factor Group, with limited
offsets in the event the Risk Factors
exhibit positive P/LGD. Using the
results of the above calculation, ICE
Clear Europe would obtain the Risk
Factor Group level LGD. The proposed
approach would also include a
calculation which allows for the Risk
Factor Group level LGD to be attributed
to each Risk Factor within the
considered Risk Factor Group.12
In addition to these changes, ICE
Clear Europe also proposed changes to
the ‘‘Loss Given Default Risk Analysis’’
section of its Risk Model Description
document to incorporate the Risk Factor
and Risk Factor Group LGD calculation
changes described above, as well as to
incorporate certain conforming changes
to other sections of the Risk Model
Description document to reflect the
proposed Risk Factor Group analysis.13
ICE Clear Europe also proposed
further changes with respect to the
‘‘Idiosyncratic Jump-to-Default
Requirements’’ section of the Risk
Model Description document. As
currently constructed, the portfolio
jump-to-default approach collateralizes
the worst uncollateralized LGD
(‘‘ULGD’’) exposure among all Risk
Factors. Under the proposed changes,
the portfolio jump-to-default (‘‘JTD’’)
approach would collateralize, through
the portfolio JTD initial margin
requirement that accounts for the Risk
Factor Group-specific LGD
collateralization, the worst ULGD
exposure among all Risk Factor Groups.
The ULGD exposure for a given Risk
Factor Group would be calculated as a
sum of the associated Risk Factor
ULGDs.14
ICE Clear Europe also proposed
certain minor edits to the Specific
Wrong-Way Risk and General Wrong
Way Risk sections of the Risk Model
Description document to update
language and calculation descriptions to
accommodate the introduction of the
Risk Factor Group to the ‘‘Idiosyncratic
Jump-to-Default Requirements’’
section.15
In addition, ICE Clear Europe
proposed changes to the ‘‘Guaranty
Fund Methodology’’ section of the Risk
Model Description document. ICE Clear
Europe’s current guaranty fund
methodology includes, among other
things, the assumption that up to three
credit events, different from the ones
associated with Clearing Members,
occur during the considered risk
horizon. ICE Clear Europe proposed
expanding this approach to the Risk
Factor Group level by assuming that
credit events associated with up to three
Risk Factor Groups, different from the
ones associated with the Clearing
Members and the Risk Factors that are
in the Risk Factor Groups as the
Clearing Participants, occur during the
considered risk horizon.16
Additional amendments to ICE Clear
Europe’s Risk Model Description
document include minor typographical
and technical corrections and
clarifications.17
C. Changes to ICE Clear Europe’s CDS
Risk Policy
ICE Clear Europe proposed
conforming edits to its CDS Risk Policy
in order to incorporate the changes
described above. Specifically, ICE Clear
Europe proposed to amend the
definition of Risk Sub-Factor, as set
forth in the CDS Risk Policy, so that it
is defined as a particular combination of
single-name reference, tier, currency,
and documentation clause.18 In
addition, ICE Clear Europe proposed to
amend the CDS Risk Policy to provide
that the worst LGD associated with a
Risk Factor Group will be used to
determine the JTD requirement, instead
of the worst single-name LGD, and also
proposed amendments that would
clarify that a Risk Factor Group would
consist of a set of Risk Factors related
by a common parental ownership.19
III. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act directs
the Commission to approve a proposed
rule change of a self-regulatory
organization if it finds that such
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to such organization.20 For
the reasons given below, the
Commission finds that the proposal is
consistent with Section 17A(b)(3)(F) of
the Act, and Rules 17Ad–22(b)(2), (b)(3),
(e)(4)(ii), and (e)(6)(i).
A. Consistency With Section
17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act
requires, among other things, that the
rules of a registered clearing agency be
designed to promote the prompt and
16 Id.
12 Id.
17 Id.
13 Id.
18 Id.
14 Id.
20 15
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, in general, to protect
investors and the public interest.21 The
proposed rule change will provide for
the clearance and settlement of the
Standard European Senior NonPreferred Financial Corporate, a new
type of transaction that is similar to
contracts already cleared by ICE Clear
Europe.
Separately, as described above, the
proposed rule change would also
provide for certain revisions to ICE
Clear Europe’s risk management
methodology with respect to its LGD
methodology. These changes entail (i)
incorporating a more consistent
approach with respect to ICE Clear
Europe’s recovery rate scenarios through
the application of the same recovery rate
scenarios to risk factors that form part
of the same Risk Factor Group, (ii)
combining the results of the ‘‘expected’’
and ‘‘extreme’’ P/LGD outcomes in
order to calculate the total LGD for each
Risk Factor, (iii) expanding ICE Clear
Europe’s LGD analysis to a new Risk
Factor Group level, (iv) revising the
calculation of the Uncollateralized Loss
Given Default to incorporate the Risk
Factor Group level LGD approach, and
(v) modifying ICE Clear Europe’s
Guaranty Fund Methodology to expand
the credit event analysis to include the
Risk Factor Group approach.
Based on a review of the Notice, the
Commission believes that the Standard
European Senior Non-Preferred
Financial Corporate transaction type is
substantially similar to other contracts
cleared by ICE Clear Europe. As such,
the Commission believes that ICE Clear
Europe’s existing clearing arrangements,
and related financial safeguards
(including as further modified by the
proposed rule change), protections and
risk management procedures will apply
to this new product on a substantially
similar basis to the other contracts
currently cleared by ICE Clear Europe.
Moreover, the Commission believes
that the proposed changes to ICE Clear
Europe’s risk management framework
described above will enhance the
manner by which ICE Clear Europe
considers and manages the risks
particular to the range of contracts it
clears, including the new Standard
European Senior Non-Preferred
Financial Corporate contract, because
such changes will enable ICE Clear
19 Id.
15 Id.
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U.S.C. 78s(b)(2)(C).
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21 15
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U.S.C. 78q–1(b)(3)(F).
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Europe to more accurately consider the
particular risks of each type of product
it clears, including security-based swap
products. Therefore, the Commission
finds that the proposed rule change is
intended to promote the prompt and
accurate clearance and settlement of
securities transactions and derivatives
agreements, contracts, and transactions,
as well as to assure the safeguarding of
securities and funds which are in the
custody or control of the clearing agency
or for which it is responsible and, in
general, to protect investors and the
public interest, and is therefore
consistent with Section 17A(b)(3)(F) of
the Act.22
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B. Consistency With Rules 17Ad–
22(b)(2) and (e)(6)(i)
The Commission further finds that the
proposed rule change is consistent with
Rules 17Ad–22(b)(2) and (e)(6)(i). Rule
17Ad–22(b)(2) requires, in relevant part,
a registered clearing agency that
performs central counterparty services
to establish, implement, maintain and
enforce written policies and procedures
reasonably designed to use margin
requirements to limit the registered
clearing agency’s credit exposures to
participants under normal market
conditions and use risk-based models
and parameters to set margin
requirements.23 Rule 17A–d22(e)(6)(i)
requires, in relevant part, that a covered
clearing agency that provides central
counterparty services establish,
implement, maintain and enforce
written policies and procedures
reasonably designed to cover its credit
exposures to its participants by
establishing a risk-based margin system
that, at a minimum, considers, and
produces margin levels commensurate
with, the risks and particular attributes
of each relevant product, portfolio, and
market.24
As described above, the proposed
changes would (i) amend the manner in
which ICE Clear Europe calculates its
Risk Factor-level LGD, (ii) expand the
LGD analysis to the Risk Factor Group
level, and (iii) amend the approach to
calculating the Uncollateralized LGD to
incorporate the Risk Factor Group level
approach. Specifically, ICE Clear Europe
would calculate, for each Risk Factor, an
extreme outcome as the sum of the
worst Risk Sub-factor P/LGDs across all
scenarios, and an expected outcome as
the worst sum of all Risk Sub-factor P/
LGDs using the same scenarios, and
then add the two components to
determine the total LGD for each Risk
Factor.
The LGD analysis would also be
modified to group individual Risk
Factors into Risk Factor Groups, and
would result in the total LGD being the
sum of the P/LGDs for each Risk Factor
within the Risk Factor Group. The
Commission believes that by making
these changes, ICE Clear Europe will
augment its ability to more accurately
consider the risks associated with the
products it clears, including the
Standard European Senior NonPreferred Financial Corporate
transaction type.
As a result, the Commission believes
that the proposed rule change will
facilitate the establishment of a riskbased margin system that considers, and
produces margin levels commensurate
with, the risks and particular attributes
of the relevant product, portfolio, and
market, and will also enable ICE Clear
Europe to more accurately determine
and collect the amount of resources
necessary to limit its credit exposures
under normal market conditions,
including credit exposures resulting
from clearing the new transaction type,
through the use of risk-based models.
Therefore the Commission finds that the
proposed rule change is consistent with
Rules 17Ad–22(b)(2) and (e)(6).25
C. Consistency With Rules 17Ad–
22(b)(3) and (e)(4)(ii)
The Commission further finds that the
proposed rule change is consistent with
Rules 17Ad–22(b)(3) and (e)(4)(ii). Rule
17Ad–22(b)(3) requires, in relevant part,
a registered clearing agency that
performs central counterparty services
to establish, implement, maintain and
enforce written policies and procedures
that are reasonably designed to maintain
sufficient financial resources to
withstand, at a minimum, a default by
the two participant families to which it
has the largest exposures in extreme but
plausible market conditions.26 Rule
17Ad–22(e)(4)(ii) requires, in relevant
part, that a covered clearing agency
establish, implement, maintain and
enforce written policies and procedures
reasonably designed to effectively
identify, measure, monitor, and manage
its credit exposures to participants and
those arising from its payment, clearing,
and settlement processes, including by,
for covered clearing agencies that are
clearing agencies involved in activities
with a more complex risk profile,
maintaining additional financial
resources at the minimum to enable it
to cover a wide range of foreseeable
22 Id.
27 17
23 17
CFR 240.17Ad–22(b)(2).
24 17 CFR 240.17Ad–22(e)(6)(i).
VerDate Sep<11>2014
stress scenarios that include, but are not
limited to, the default of the two
participant families that would
potentially cause the largest aggregate
credit exposure for the covered clearing
agency in extreme but plausible market
conditions.27
As described above, the proposed rule
change would amend certain
assumptions in ICE Clear Europe’s
Guaranty Fund Methodology, and the
calculation of the Specific Wrong Way
Risk component of its guaranty fund, by
incorporating the new Risk Factor
Group level analysis. Specifically, ICE
Clear Europe would expand its current
approach to assume that credit events
used in the guaranty fund analysis occur
at the Risk Factor Group level, and
would also base the specific wrong-way
risk component of its Guaranty Fund
Methodology on the Risk Factor Group
approach.
As with the changes to the LGD
approach, the Commission believes that
the proposed changes to ICE Clear
Europe’s Guaranty Fund Methodology
will permit ICE Clear Europe to more
accurately consider the particular risks
associated with the products it clears,
including the Standard European Senior
Non-Preferred Financial Corporate
transaction type, that will be cleared as
a result of the proposed changes to ICE
Clear Europe’s CDS Procedures
described above. As a result, the
Commission believes that the proposed
changes will enable ICE Clear Europe to
more accurately measure the risks of
associated with the products it clears
and thereby improve ICE Clear Europe’s
ability to collect and maintain the level
of financial resources necessary to cover
a wide range of foreseeable stress
scenarios that include, but are not
limited to, the default of the two
participant families that would
potentially cause the largest aggregate
credit exposure under extreme but
plausible market conditions. Therefore,
the Commission finds that the proposed
rule change is consistent with Rules
17Ad–22(b)(3) and (e)(4)(ii).28
Section 19(b)(2)(C)(iii) of the Act
allows the Commission to approve a
proposed rule change earlier than 30
days after the date of publication of the
notice of the proposed rule change
where the Commission finds good cause
for so doing and publishes the reason
for the finding.29 The Commission finds
good cause, pursuant to Section
19(b)(2)(C)(iii) of the Act, for approving
the proposed rule change on an
accelerated basis prior to the 30th day
19:32 Mar 21, 2018
25 17
CFR 240.17Ad–22(b)(2) and (e)(6)(i).
26 17 CFR 240.17Ad–22(b)(3).
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CFR 240.17Ad–22(e)(4)(ii).
CFR 240.17Ad–22(b)(3) and (e)(4)(ii).
29 15 U.S.C. 78s(b)(2)(C)(iii).
28 17
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after the date of publication of the
notice in the Federal Register in order
to facilitate the clearing of the Standard
European Senior Non-Preferred
Financial Corporate transaction type,
which the Commission understands
market participants will commence
trading beginning on March 20, 2018 30
and which are tied to European capital
and resolution regulations.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act and in
particular with the requirements of
Section 17A of the Act,31 and Rules
17Ad–22(b)(2), (b)((3), (e)(4)(ii), and
(e)(6)(i) thereunder.32
It Is Therefore Ordered pursuant to
Section 19(b)(2) of the Act 33 that the
proposed rule change (SR–ICEEU–2018–
002) be, and hereby is, approved on an
accelerated basis.34
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.35
Eduardo A. Aleman,
Assistant Secretary.
Time’’) pursuant to Rule 161 of the
Commission’s Rules of Practice 1 to
extend to April 12, 2018, the time
previously provided for the in the
Commission’s March 1, 2018, Order
Granting Petitions for Review and
Scheduling Filing of Statements.2 On
March 15, 2018, Cboe BZX Exchange,
Inc. filed a response stating that it does
not object to the Motion for an
Extension of Time.
Extensions of time are disfavored
absent a showing of good cause. It
appears appropriate to grant the
requested extension. Therefore,
It is Ordered, that the Motion for an
Extension of Time is hereby Granted.
The time for any party or other person
to file a statement in support of or in
opposition to the action made pursuant
to delegated authority is extended from
March 22, 2018 to April 12, 2018.
For the Commission, by its Secretary,
pursuant to delegated authority.3
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05791 Filed 3–21–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[FR Doc. 2018–05793 Filed 3–21–18; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–82892; File No. 4–698]
SECURITIES AND EXCHANGE
COMMISSION
Joint Industry Plan; Notice of
Withdrawal of Amendment No. 4 to the
National Market System Plan
Governing the Consolidated Audit Trail
[Release No. 82896]
Order Granting Motion for Extension of
Time
March 16, 2018.
In the Matter of the Cboe BZX Exchange,
Inc. for an Order Granting the Approval of
Proposed Rule Change to Introduce Cboe
Market Close, a Closing Match Process for
Non-BZX Listed Securities under New
Exchange Rule 11.28 (File No. SR–BatsBZX–
2017–34); Securities Exchange Act Of 1934.
daltland on DSKBBV9HB2PROD with NOTICES
On March 9, 2018, The Nasdaq Stock
Market LLC and NYSE Group, Inc. filed
a Motion for an Extension of Time to
File Statements in Opposition to the
Action Made Pursuant to Delegated
Authority (‘‘Motion for an Extension of
30 See IHS Markit iTraxx Europe Rule
Announcement, February 6, 2018 (stating that for
iTraxx Europe Series 29, for French bank OpCos
that qualify for inclusion in the index, the senior
non-preferred reference obligations will be selected
if available).
31 15 U.S.C. 78q–1.
32 17 CFR 240.17Ad–22(b)(2), (b)(3), (e)(4)(ii) and
(e)(6)(i).
33 15 U.S.C. 78s(b)(2).
34 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
35 17 CFR 200.30–3(a)(12).
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19:32 Mar 21, 2018
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March 16, 2018.
I. Introduction
On December 11, 2017, the Operating
Committee for CAT NMS, LLC (the
‘‘Company’’), on behalf of the parties to
the National Market System Plan
Governing the Consolidated Audit Trail
(the ‘‘CAT NMS Plan’’): BOX Options
Exchange LLC, Cboe BYX Exchange,
Inc., Cboe BZX Exchange, Inc., Cboe
EDGA Exchange, Inc., Cboe EDGX
Exchange, Inc., Cboe C2 Exchange, Inc.,
Cboe Exchange, Inc., Chicago Stock
Exchange, Inc., Financial Industry
Regulatory Authority, Inc., Investors’
Exchange LLC, Miami International
Securities Exchange, LLC, MIAX
PEARL, LLC, Nasdaq BX, Inc., Nasdaq
GEMX, LLC, Nasdaq ISE, LLC, Nasdaq
MRX, LLC, Nasdaq PHLX LLC, The
Nasdaq Stock Market LLC, New York
Stock Exchange LLC, NYSE American,
LLC and NYSE Arca, Inc., (the
‘‘Participants’’) filed with the Securities
1 17
CFR 201.161.
Act Release No. 82794 (March 1,
2 Exchange
2018).
3 17 CFR 200.30–7(a)(4).
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12633
and Exchange Commission
(‘‘Commission’’) pursuant to Section
11A of the of the Securities Exchange
Act of 1934 1 (the ‘‘Exchange Act’’) and
Rule 608 thereunder,2 Amendment No.
4 to the CAT NMS Plan to add a fee
schedule to the CAT NMS Plan that
would set forth fees to be paid by the
Participants to fund the Consolidated
Audit Trail.3 A Notice of Filing and
Immediate Effectiveness of Amendment
No. 4 was published for comment in the
Federal Register on January 11, 2018.4
The Commission is publishing this
notice to reflect that on January 11,
2018, prior to the end of the 60-day
period provided for in Exchange Act
Rule 608(b)(iii), the Participants
withdrew the Amendment.5
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05790 Filed 3–21–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82895; File No. SRCboeBZX–2018–020]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Its
Listing Rules Under Rule
14.11(d)(2)(K)(i) Related to Equity
Index-Linked Securities
March 16, 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 March 8,
2018, Cboe BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6)(iii)
1 15
U.S.C. 78k–1.
CFR 242.608.
3 See Letter from Michael Simon, Chair, CAT
NMS Plan Operating Committee, to Brent J. Fields,
Secretary, Commission, dated December 11, 2017.
4 See Exchange Act Release No. 82451 (January 5,
2018), 83 FR 1399 (January 11, 2018).
5 See Letter from Michael Simon, Chair, CAT
NMS Plan Operating Committee, to Brent J. Fields,
Secretary, Commission, dated January 10, 2018.
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
2 17
E:\FR\FM\22MRN1.SGM
22MRN1
Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12630-12633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05793]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82890; File No. SR-ICEEU-2018-002]
Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Granting Accelerated Approval of Proposed Rule Change Relating to the
ICE Clear Europe Limited CDS Procedures, CDS Risk Policy, and CDS Risk
Model Description
March 16, 2018.
I. Introduction
On February 6, 2018 ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change (SR-
ICEEU-2018-002) to revise: (i) Its CDS Procedures to support the
clearing of a new transaction type; and (ii) its CDS Risk Policy, and
CDS Risk Model Description document to incorporate certain
modifications to its risk management methodology.\3\ The proposed rule
change was published for comment in the Federal Register on February
15, 2018.\4\ The Commission did not receive comments on the proposed
rule change. For the reasons discussed below, the Commission is
approving the proposed rule change on an accelerated basis.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Capitalized terms used in this order, but not defined
herein, have the same meaning as in the ICE Clear Europe Rules, CDS
Procedures, CDS Risk Policy, or CDS Risk Model Description.
\4\ Securities Exchange Act Release No. 34-82678 (February 9,
2018), 83 FR 6909 (February 15, 2018) (SR-ICEEU-2018-002)
(``Notice'').
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II. Description of the Proposed Rule Change
ICE Clear Europe proposed revisions to its CDS Procedures, CDS Risk
Policy, and Risk Model Description document in order to provide for the
clearing of a new transaction type, the Standard European Senior Non-
Preferred Financial Corporate, and to provide for revised risk
management practices.
A. Changes to ICE Clear Europe CDS Procedures
ICE Clear Europe proposed amending Paragraph 4.3(c)(ii) of its CDS
Procedures, which sets forth the requirements for Trade Particulars for
CDS that are submitted for Clearing, to reference the Standard European
Senior Non-Preferred Financial Corporate transaction type.\5\
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\5\ Notice, 83 FR at 6909.
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ICE Clear Europe also proposed amending Paragraph 11.3(i) to revise
the definition of ``Non-STEC Single Name Contract'' to include the
Standard European Senior Non-Preferred Financial Corporate transaction
type in the list of Reference Entities eligible to be cleared by ICE
Clear Europe, and also proposed amending Paragraph 11.3(j) to remove a
requirement providing that the relevant obligation must be ``Senior
Level'' and replace it with a requirement that the relevant obligation
be of the ``applicable seniority level.'' \6\
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\6\ Id. at 6909-10.
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B. Changes to ICE Clear Europe's Risk Model Description
As currently constructed, ICE Clear Europe's risk management
methodology takes into consideration the potential losses associated
with idiosyncratic credit events, which ICE Clear Europe refers to as
``Loss-Given Default'' or ``LGD.'' ICE Clear Europe deems each Single
Name (``SN'') reference entity a Risk Factor, and each combination of
definition, doc-clause, tier, and currency for a given SN Risk Factor
as a SN Risk Sub-Factor. ICE Clear Europe currently measures losses
associated with credit events through a stress-based approach
incorporating three recovery rate scenarios: a minimum recovery rate,
an expected recovery rate, and maximum recovery rate. ICE Clear Europe
combines exposures for Outright and index-derived Risk Sub-Factors at
each recovery rate scenario.\7\
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\7\ Id. at 6910.
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ICE Clear Europe currently uses the results from the recovery rate
scenarios as an input into the Profit/Loss-Given-Default (``P/LGD'')
calculations at both the Risk Sub-Factor and Risk Factor levels. For
each Risk Sub-Factor, ICE Clear Europe calculates the P/LGD as the
worst credit event outcome, and for each Risk Factor, ICE Clear Europe
calculates the P/LGD as the sum of the worst credit outcomes per Risk
Sub-Factor. These final P/LGD results are used as part of the
determination of risk requirements.\8\
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\8\ Id.
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ICE Clear Europe proposed changes to its LGD framework at the Risk
Factor level with respect to the LGD calculation. Specifically, ICE
Clear Europe proposed a change to its approach by incorporating more
consistency in the calculation of the P/LGD by using the same recovery
rate scenarios applied to the different Risk Sub-Factors which are part
of the considered Risk Factor. For each Risk Factor, ICE Clear Europe
would continue to calculate an ``extreme outcome'' as the sum of the
worst Risk Sub-Factor P/LGDs across all scenarios and also would, for
each Risk Factor, calculate an ``expected outcome'' as the worst sum of
all the Risk Sub-Factors P/LGDs across all of the same scenarios. Under
the proposed changes, ICE Clear Europe would then combine the results
of the ``extreme outcome'' calculation and the ``expected outcome''
calculation to compute the total LGD for each Risk Factor.\9\ ICE Clear
Europe proposed to apply a weight of 25% to the extreme outcome
component in order to implement certain requirements of relevant
regulatory technical standards arising under the European Market
Infrastructure Regulation.\10\
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\9\ Id.
\10\ See Commission Delegated Regulation (EU) No 153/2013
supplementing Regulation (EU) No 648/2012 of the European Parliament
and of the Council with regard to regulatory technical standards on
requirements for central counterparties. ICE Clear Europe is
authorized as a central counterparty under the European Market
Infrastructure Regulation and is subject to the requirements
thereof.
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ICE Clear Europe also proposed to expand its LGD analysis to
incorporate a new ``Risk Factor Group'' level. Under the proposed
changes, a set of related Risk Factors would form a Risk Factor Group
based on either (1) having a common majority parental sovereign
ownership (e.g. quasi-sovereigns and sovereigns), or (2) being a
majority owned subsidiary of a common parent entity according to the
Bloomberg Related Securities Analysis. ICE Clear Europe noted that a
Risk Factor Group could consist of only one Risk Factor.\11\
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\11\ Notice, 83 FR at 6910.
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Under the proposed revisions, ICE Clear Europe would calculate the
total quantity LGD on a Risk Factor Group level, and account for the
exposure due to credit events associated with the reference entities
within a given Risk Factor Group. Where a Risk Factor Group contains
only one Risk Factor, ICE Clear Europe would compute the LGD as the
risk exposure due to a credit event for a given underlying reference
[[Page 12631]]
entity. Moreover, under the proposed approach, ICE Clear Europe would
sum the P/LGDs for each Risk Factor in a given Risk Factor Group, with
limited offsets in the event the Risk Factors exhibit positive P/LGD.
Using the results of the above calculation, ICE Clear Europe would
obtain the Risk Factor Group level LGD. The proposed approach would
also include a calculation which allows for the Risk Factor Group level
LGD to be attributed to each Risk Factor within the considered Risk
Factor Group.\12\
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\12\ Id.
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In addition to these changes, ICE Clear Europe also proposed
changes to the ``Loss Given Default Risk Analysis'' section of its Risk
Model Description document to incorporate the Risk Factor and Risk
Factor Group LGD calculation changes described above, as well as to
incorporate certain conforming changes to other sections of the Risk
Model Description document to reflect the proposed Risk Factor Group
analysis.\13\
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\13\ Id.
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ICE Clear Europe also proposed further changes with respect to the
``Idiosyncratic Jump-to-Default Requirements'' section of the Risk
Model Description document. As currently constructed, the portfolio
jump-to-default approach collateralizes the worst uncollateralized LGD
(``ULGD'') exposure among all Risk Factors. Under the proposed changes,
the portfolio jump-to-default (``JTD'') approach would collateralize,
through the portfolio JTD initial margin requirement that accounts for
the Risk Factor Group-specific LGD collateralization, the worst ULGD
exposure among all Risk Factor Groups. The ULGD exposure for a given
Risk Factor Group would be calculated as a sum of the associated Risk
Factor ULGDs.\14\
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\14\ Id.
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ICE Clear Europe also proposed certain minor edits to the Specific
Wrong-Way Risk and General Wrong Way Risk sections of the Risk Model
Description document to update language and calculation descriptions to
accommodate the introduction of the Risk Factor Group to the
``Idiosyncratic Jump-to-Default Requirements'' section.\15\
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\15\ Id.
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In addition, ICE Clear Europe proposed changes to the ``Guaranty
Fund Methodology'' section of the Risk Model Description document. ICE
Clear Europe's current guaranty fund methodology includes, among other
things, the assumption that up to three credit events, different from
the ones associated with Clearing Members, occur during the considered
risk horizon. ICE Clear Europe proposed expanding this approach to the
Risk Factor Group level by assuming that credit events associated with
up to three Risk Factor Groups, different from the ones associated with
the Clearing Members and the Risk Factors that are in the Risk Factor
Groups as the Clearing Participants, occur during the considered risk
horizon.\16\
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\16\ Id.
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Additional amendments to ICE Clear Europe's Risk Model Description
document include minor typographical and technical corrections and
clarifications.\17\
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\17\ Id. at 6911.
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C. Changes to ICE Clear Europe's CDS Risk Policy
ICE Clear Europe proposed conforming edits to its CDS Risk Policy
in order to incorporate the changes described above. Specifically, ICE
Clear Europe proposed to amend the definition of Risk Sub-Factor, as
set forth in the CDS Risk Policy, so that it is defined as a particular
combination of single-name reference, tier, currency, and documentation
clause.\18\ In addition, ICE Clear Europe proposed to amend the CDS
Risk Policy to provide that the worst LGD associated with a Risk Factor
Group will be used to determine the JTD requirement, instead of the
worst single-name LGD, and also proposed amendments that would clarify
that a Risk Factor Group would consist of a set of Risk Factors related
by a common parental ownership.\19\
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\18\ Id.
\19\ Id.
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III. Discussion and Commission Findings
Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\20\ For the reasons given below, the Commission finds
that the proposal is consistent with Section 17A(b)(3)(F) of the Act,
and Rules 17Ad-22(b)(2), (b)(3), (e)(4)(ii), and (e)(6)(i).
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\20\ 15 U.S.C. 78s(b)(2)(C).
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A. Consistency With Section 17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a registered clearing agency be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, 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, in general, to protect investors and the public
interest.\21\ The proposed rule change will provide for the clearance
and settlement of the Standard European Senior Non-Preferred Financial
Corporate, a new type of transaction that is similar to contracts
already cleared by ICE Clear Europe.
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\21\ 15 U.S.C. 78q-1(b)(3)(F).
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Separately, as described above, the proposed rule change would also
provide for certain revisions to ICE Clear Europe's risk management
methodology with respect to its LGD methodology. These changes entail
(i) incorporating a more consistent approach with respect to ICE Clear
Europe's recovery rate scenarios through the application of the same
recovery rate scenarios to risk factors that form part of the same Risk
Factor Group, (ii) combining the results of the ``expected'' and
``extreme'' P/LGD outcomes in order to calculate the total LGD for each
Risk Factor, (iii) expanding ICE Clear Europe's LGD analysis to a new
Risk Factor Group level, (iv) revising the calculation of the
Uncollateralized Loss Given Default to incorporate the Risk Factor
Group level LGD approach, and (v) modifying ICE Clear Europe's Guaranty
Fund Methodology to expand the credit event analysis to include the
Risk Factor Group approach.
Based on a review of the Notice, the Commission believes that the
Standard European Senior Non-Preferred Financial Corporate transaction
type is substantially similar to other contracts cleared by ICE Clear
Europe. As such, the Commission believes that ICE Clear Europe's
existing clearing arrangements, and related financial safeguards
(including as further modified by the proposed rule change),
protections and risk management procedures will apply to this new
product on a substantially similar basis to the other contracts
currently cleared by ICE Clear Europe.
Moreover, the Commission believes that the proposed changes to ICE
Clear Europe's risk management framework described above will enhance
the manner by which ICE Clear Europe considers and manages the risks
particular to the range of contracts it clears, including the new
Standard European Senior Non-Preferred Financial Corporate contract,
because such changes will enable ICE Clear
[[Page 12632]]
Europe to more accurately consider the particular risks of each type of
product it clears, including security-based swap products. Therefore,
the Commission finds that the proposed rule change is intended to
promote the prompt and accurate clearance and settlement of securities
transactions and derivatives agreements, contracts, and transactions,
as well as to assure the safeguarding of securities and funds which are
in the custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest, and is therefore consistent with Section 17A(b)(3)(F) of the
Act.\22\
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\22\ Id.
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B. Consistency With Rules 17Ad-22(b)(2) and (e)(6)(i)
The Commission further finds that the proposed rule change is
consistent with Rules 17Ad-22(b)(2) and (e)(6)(i). Rule 17Ad-22(b)(2)
requires, in relevant part, a registered clearing agency that performs
central counterparty services to establish, implement, maintain and
enforce written policies and procedures reasonably designed to use
margin requirements to limit the registered clearing agency's credit
exposures to participants under normal market conditions and use risk-
based models and parameters to set margin requirements.\23\ Rule 17A-
d22(e)(6)(i) requires, in relevant part, that a covered clearing agency
that provides central counterparty services establish, implement,
maintain and enforce written policies and procedures reasonably
designed to cover its credit exposures to its participants by
establishing a risk-based margin system that, at a minimum, considers,
and produces margin levels commensurate with, the risks and particular
attributes of each relevant product, portfolio, and market.\24\
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\23\ 17 CFR 240.17Ad-22(b)(2).
\24\ 17 CFR 240.17Ad-22(e)(6)(i).
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As described above, the proposed changes would (i) amend the manner
in which ICE Clear Europe calculates its Risk Factor-level LGD, (ii)
expand the LGD analysis to the Risk Factor Group level, and (iii) amend
the approach to calculating the Uncollateralized LGD to incorporate the
Risk Factor Group level approach. Specifically, ICE Clear Europe would
calculate, for each Risk Factor, an extreme outcome as the sum of the
worst Risk Sub-factor P/LGDs across all scenarios, and an expected
outcome as the worst sum of all Risk Sub-factor P/LGDs using the same
scenarios, and then add the two components to determine the total LGD
for each Risk Factor.
The LGD analysis would also be modified to group individual Risk
Factors into Risk Factor Groups, and would result in the total LGD
being the sum of the P/LGDs for each Risk Factor within the Risk Factor
Group. The Commission believes that by making these changes, ICE Clear
Europe will augment its ability to more accurately consider the risks
associated with the products it clears, including the Standard European
Senior Non-Preferred Financial Corporate transaction type.
As a result, the Commission believes that the proposed rule change
will facilitate the establishment of a risk-based margin system that
considers, and produces margin levels commensurate with, the risks and
particular attributes of the relevant product, portfolio, and market,
and will also enable ICE Clear Europe to more accurately determine and
collect the amount of resources necessary to limit its credit exposures
under normal market conditions, including credit exposures resulting
from clearing the new transaction type, through the use of risk-based
models. Therefore the Commission finds that the proposed rule change is
consistent with Rules 17Ad-22(b)(2) and (e)(6).\25\
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\25\ 17 CFR 240.17Ad-22(b)(2) and (e)(6)(i).
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C. Consistency With Rules 17Ad-22(b)(3) and (e)(4)(ii)
The Commission further finds that the proposed rule change is
consistent with Rules 17Ad-22(b)(3) and (e)(4)(ii). Rule 17Ad-22(b)(3)
requires, in relevant part, a registered clearing agency that performs
central counterparty services to establish, implement, maintain and
enforce written policies and procedures that are reasonably designed to
maintain sufficient financial resources to withstand, at a minimum, a
default by the two participant families to which it has the largest
exposures in extreme but plausible market conditions.\26\ Rule 17Ad-
22(e)(4)(ii) requires, in relevant part, that a covered clearing agency
establish, implement, maintain and enforce written policies and
procedures reasonably designed to effectively identify, measure,
monitor, and manage its credit exposures to participants and those
arising from its payment, clearing, and settlement processes, including
by, for covered clearing agencies that are clearing agencies involved
in activities with a more complex risk profile, maintaining additional
financial resources at the minimum to enable it to cover a wide range
of foreseeable stress scenarios that include, but are not limited to,
the default of the two participant families that would potentially
cause the largest aggregate credit exposure for the covered clearing
agency in extreme but plausible market conditions.\27\
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\26\ 17 CFR 240.17Ad-22(b)(3).
\27\ 17 CFR 240.17Ad-22(e)(4)(ii).
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As described above, the proposed rule change would amend certain
assumptions in ICE Clear Europe's Guaranty Fund Methodology, and the
calculation of the Specific Wrong Way Risk component of its guaranty
fund, by incorporating the new Risk Factor Group level analysis.
Specifically, ICE Clear Europe would expand its current approach to
assume that credit events used in the guaranty fund analysis occur at
the Risk Factor Group level, and would also base the specific wrong-way
risk component of its Guaranty Fund Methodology on the Risk Factor
Group approach.
As with the changes to the LGD approach, the Commission believes
that the proposed changes to ICE Clear Europe's Guaranty Fund
Methodology will permit ICE Clear Europe to more accurately consider
the particular risks associated with the products it clears, including
the Standard European Senior Non-Preferred Financial Corporate
transaction type, that will be cleared as a result of the proposed
changes to ICE Clear Europe's CDS Procedures described above. As a
result, the Commission believes that the proposed changes will enable
ICE Clear Europe to more accurately measure the risks of associated
with the products it clears and thereby improve ICE Clear Europe's
ability to collect and maintain the level of financial resources
necessary to cover a wide range of foreseeable stress scenarios that
include, but are not limited to, the default of the two participant
families that would potentially cause the largest aggregate credit
exposure under extreme but plausible market conditions. Therefore, the
Commission finds that the proposed rule change is consistent with Rules
17Ad-22(b)(3) and (e)(4)(ii).\28\
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\28\ 17 CFR 240.17Ad-22(b)(3) and (e)(4)(ii).
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Section 19(b)(2)(C)(iii) of the Act allows the Commission to
approve a proposed rule change earlier than 30 days after the date of
publication of the notice of the proposed rule change where the
Commission finds good cause for so doing and publishes the reason for
the finding.\29\ The Commission finds good cause, pursuant to Section
19(b)(2)(C)(iii) of the Act, for approving the proposed rule change on
an accelerated basis prior to the 30th day
[[Page 12633]]
after the date of publication of the notice in the Federal Register in
order to facilitate the clearing of the Standard European Senior Non-
Preferred Financial Corporate transaction type, which the Commission
understands market participants will commence trading beginning on
March 20, 2018 \30\ and which are tied to European capital and
resolution regulations.
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\29\ 15 U.S.C. 78s(b)(2)(C)(iii).
\30\ See IHS Markit iTraxx Europe Rule Announcement, February 6,
2018 (stating that for iTraxx Europe Series 29, for French bank
OpCos that qualify for inclusion in the index, the senior non-
preferred reference obligations will be selected if available).
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IV. Conclusion
On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular with the requirements of Section 17A of the Act,\31\ and
Rules 17Ad-22(b)(2), (b)((3), (e)(4)(ii), and (e)(6)(i) thereunder.\32\
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\31\ 15 U.S.C. 78q-1.
\32\ 17 CFR 240.17Ad-22(b)(2), (b)(3), (e)(4)(ii) and (e)(6)(i).
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It Is Therefore Ordered pursuant to Section 19(b)(2) of the Act
\33\ that the proposed rule change (SR-ICEEU-2018-002) be, and hereby
is, approved on an accelerated basis.\34\
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\33\ 15 U.S.C. 78s(b)(2).
\34\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
\35\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05793 Filed 3-21-18; 8:45 am]
BILLING CODE 8011-01-P