Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendments to the ICE Clear Europe Delivery Procedures., 9555-9557 [2021-02995]
Download as PDF
Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule changes will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. While the
proposed rule changes will apply only
to companies primarily operating in
Restrictive Markets, Nasdaq and the SEC
have identified specific concerns with
such companies that make the
imposition of additional initial listing
criteria on such companies appropriate
to enhance investor protection, which is
a central purpose of the Act. Any impact
on competition, either among listed
companies or between exchanges, is
incidental to that purpose.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
khammond on DSKJM1Z7X2PROD with NOTICES
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 Exchange consents, the Commission
shall: (a) By order approve or
disapprove such proposed rule change,
or (b) institute proceedings to determine
whether the proposed rule change
should be disapproved.
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2021–007 and
should be submitted on or before March
9, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.42
J. Matthew DeLesDernier,
Assistant Secretary.
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:
[FR Doc. 2021–02993 Filed 2–12–21; 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–
NASDAQ–2021–007 on the subject line.
Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to
Amendments to the ICE Clear Europe
Delivery Procedures.
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–NASDAQ–2021–007. This
file number should be included on the
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 February
2, 2021, ICE Clear Europe Limited (‘‘ICE
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17:04 Feb 12, 2021
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91091; File No. SR–ICEEU–
2021–003]
February 9, 2021.
Clear Europe’’ or the ‘‘Clearing House’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule changes described in
Items I, II and III below, which Items
have been prepared by ICE Clear
Europe. ICE Clear Europe filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4)(ii) 4 thereunder, such that
the proposed rule was immediately
effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed amendments is for ICE Clear
Europe to amend its Delivery
Procedures (the ‘‘Delivery Procedures’’)
to add a new Section 11 and a new Part
GG to address delivery relating to the
ICE Futures Abu Dhabi Murban Crude
Oil Futures Contracts (the ‘‘ICE Murban
Crude Oil Futures Contracts’’ or the
‘‘Contracts’’).5
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICE
Clear Europe 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. ICE
Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C)
below, of the most significant aspects of
such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
ICE Clear Europe is proposing to
amend its Delivery Procedures to add a
new Section 11 and a new Part GG to
address delivery relating to the ICE
Murban Crude Oil Futures Contracts.
The Contracts will be traded on ICE
Futures Abu Dhabi and cleared by ICE
Clear Europe.
New Part GG would set out the
delivery specifications and procedures
for deliveries of Murban crude oil under
the ICE Murban Crude Oil Futures
3 15
U.S.C. 78s(b)(3)(a).
CFR 240.19b–4(f)(4)(ii).
5 Capitalized terms used but not defined herein
have the meanings specified in the ICE Clear
Europe Clearing Rules (the ‘‘Rules’’).
4 17
42 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Contract. The amended Delivery
Procedures would specify the delivery
mode (with reference to applicable
requirements of the relevant delivery
terminal in Fujairah, UAE) and delivery
loading volume tolerances). Consistent
with the exchange rules for the
Contracts, delivery would take place on
one or more consecutive Terminal
Loading Days within the Delivery Range
(which range must fall within the
Delivery Period). The new Part GG
would also address requirements as to
delivery free of encumbrances, and
determination of delivery quantity and
price by reference to exchange rules for
the Contract. The amendments would
also establish certain timing
requirements for exchange of futures for
physical and swap transactions under
exchange rules.
New Part GG would provide a
detailed delivery timetable, from the last
trading day of the Contract through final
settlement, including procedures,
deadlines and requirements for
nominations or substitutions of delivery
range and delivery day, loading
programme, delivery confirmations,
delivery margin, invoicing, receipt
confirmations, and other matters. The
procedures would also address invoice
calculation with respect to the Contract
and delivery loading volume tolerances.
New Part GG would also specify the
delivery documentation required of
Buyers and Sellers.
New Section 11 of the Delivery
Procedures would provide for an
alternative delivery procedure for the
Contracts if the Buyer and Seller agree
to undertake delivery outside the ICE
Futures Abu Dhabi Rules (similar to the
alternative delivery procedure for other
cleared F&O Contracts).
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act 6
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, the
safeguarding of securities and funds in
the custody or control of the clearing
agency or for which it is responsible,
and the protection of investors and the
public interest. The proposed
amendments are designed to facilitate
the clearing of a new physically settled
crude oil futures contract being
launched for trading by the ICE Futures
Abu Dhabi exchange and that will be
cleared by ICE Clear Europe. The
amendments would set out the
6 15
U.S.C. 78q–1(b)(3)(F).
VerDate Sep<11>2014
17:04 Feb 12, 2021
Jkt 253001
obligations and roles of the Clearing
House and the relevant parties for
delivery under the Contracts,
supplementing the existing provisions
of the Rules. ICE Clear Europe believes
that its financial resources, risk
management, systems and operational
arrangements are sufficient to support
clearing of such Contracts (and to
address physical delivery under such
Contracts) and to manage the risks
associated with such Contracts. As a
result, in ICE Clear Europe’s view, the
amendments would be consistent with
the prompt and accurate clearance and
settlement of the Contracts as set out in
the proposed Delivery Procedures
amendments, and the protection of
investors and the public interest,
consistent with the requirements of
Section 17A(b)(3)(F) of the Act.7 (In ICE
Clear Europe’s view, the amendments
would not adversely affect the
safeguarding of funds or securities in
the custody or control of the clearing
agency or for which it is responsible,
within the meaning of Section
17A(b)(3)(F).8)
In addition, Rule 17Ad–22(e)(10) 9
requires that each covered clearing
agency establish and maintain
transparent written standards that state
its obligations with respect to the
delivery of physical instruments, and
establish and maintain operational
practices that identify, monitor and
manage the risks associated with such
physical deliveries. As discussed above,
the amendments to the Delivery
Procedures relating to the delivery and
settlement of Murban crude oil under
the Contracts would set out the
obligations and roles of Clearing
Members and the Clearing House. The
amendments would also specify the
mode of delivery and adopt relevant
procedures, deadlines and
documentation requirements for such
deliveries, which would facilitate
identifying, monitoring and managing
risks associated with delivery. As such,
in ICE Clear Europe’s view, the
amendments are consistent with the
requirements of Rule 17Ad–22(e)(10).10
(B) Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe the
proposed rule changes would have any
impact, or impose any burden, on
competition not necessary or
appropriate in furtherance of the
purposes of the Act. The changes are
being proposed in order to update the
7 15
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78q–1(b)(3)(F).
9 17 CFR 240.17Ad–22(e)(10).
10 17 CFR 240.17Ad–22(e)(10).
Delivery Procedures in connection with
the listing of the Contracts for trading on
the ICE Futures Abu Dhabi market. ICE
Clear Europe believes that the Contracts
would provide additional opportunities
for interested market participants to
engage in trading activity in the Murban
crude oil market. ICE Clear Europe does
not believe the amendments would
adversely affect competition among
Clearing Members, materially affect the
cost of clearing, adversely affect access
to clearing in Contracts for Clearing
Members or their customers, or
otherwise adversely affect competition
in clearing services. Accordingly, ICE
Clear Europe does not believe that the
amendments would impose any impact
or burden on competition that is not
appropriate in furtherance of the
purpose 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 amendments have not been
solicited or received by ICE Clear
Europe. ICE Clear Europe will notify the
Commission of any comments received
with respect to the proposed rule
change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 11 and paragraph (f) of Rule
19b–4 12 thereunder. At any time within
60 days of the filing of the 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.
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–
ICEEU–2021–003 on the subject line.
8 15
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
11 15
12 17
E:\FR\FM\16FEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
16FEN1
Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ICEEU–2021–003. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of ICE Clear Europe and on ICE
Clear Europe’s website at https://
www.theice.com/clear-europe/
regulation.
All comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly. All submissions should refer
to File Number SR–ICEEU–2021–003
and should be submitted on or before
March 9, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
J. Mathew DeLesDernier,
Assistant Secretary.
khammond on DSKJM1Z7X2PROD with NOTICES
[FR Doc. 2021–02995 Filed 2–12–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91090; File No. SR–ICC–
2021–004]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing of
Proposed Rule Change Relating to the
ICC Governance Playbook
February 9, 2021.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January
29, 2021, ICE Clear Credit LLC (‘‘ICC’’)
filed with the Securities and Exchange
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. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed rule change is to update and
formalize the ICC Governance Playbook.
These revisions do not require any
changes to the ICC Clearing Rules (the
‘‘Rules’’).
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, security-based swap
submission, or advance notice and
discussed any comments it received on
the proposed rule change, securitybased swap submission, or advance
notice. 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
(a) Purpose
ICC proposes to update and formalize
the Governance Playbook. ICC believes
such changes will facilitate the prompt
and accurate clearance and settlement of
securities transactions and derivative
agreements, contracts, and transactions
for which it is responsible. ICC proposes
to update and formalize the Governance
Playbook following Commission
1 15
13 17
CFR 200.30–3(a)(12).
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17:04 Feb 12, 2021
2 17
Jkt 253001
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00081
Fmt 4703
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9557
approval of the proposed rule change.
The proposed rule change is described
in detail as follows.
The Governance Playbook
consolidates governance arrangements
set forth in ICC’s Rules, operating
agreement, and other ICC policies and
procedures. The Governance Playbook
contains information regarding the
governance structure at ICC, which
includes the Board, committees, and
management. The document is divided
in six parts and sets out (i) the purpose
of the document, (ii) an introduction to
the ICC governance structure, (iii)
information on the ICC Board of
Managers (the ‘‘Board’’; each member a
‘‘Manager’’); (iv) descriptions of the
committees at ICC, (v) descriptions of
the special purpose committees at ICC,
and (vi) a revision history and
appendix.
The Board has sole responsibility for
the control and management of ICC’s
operations, subject only to prior
consultation rights of the ICC Risk
Committee and the ICC Risk
Management Subcommittee as
described in Chapter 5 of the ICC Rules.
The Governance Playbook details
reporting lines of relevant personnel to
the Board as well as how the Board
guides management with respect to
strategic planning and priority setting.
Additionally, the Governance Playbook
describes the composition of the Board,
and details the fitness standards
required of each Board member and the
Board as a whole. Such procedures are
in place to ensure that the Board
consists of suitable individuals having
appropriate skills and incentives and
that Managers have the appropriate
experience, skills, and integrity
necessary to discharge their Board
responsibilities. The Governance
Playbook describes the election
procedures for new Managers and
specifies who is responsible for electing
new Managers and for ensuring such
Managers meet the fitness standards.
The Governance Playbook contains
information regarding scheduling of
meetings and meeting frequency, and
lists all documents relevant to Board
operations. The Governance Playbook
sets forth the process for determining
the independence of those Managers
who are required to be independent.
Additionally, the document lists the
independence qualifications considered
as part of such independence
determinations and describes the annual
questionnaire process each independent
Manager is required to complete. The
performance of the Board and its
individual Managers is reviewed on an
annual basis, through a self-evaluation
E:\FR\FM\16FEN1.SGM
16FEN1
Agencies
[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Pages 9555-9557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02995]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-91091; File No. SR-ICEEU-2021-003]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to the ICE Clear Europe Delivery Procedures.
February 9, 2021.
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 February 2, 2021, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared by ICE Clear
Europe. ICE Clear Europe filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)(ii) \4\
thereunder, such that the proposed rule was immediately effective upon
filing with the Commission. 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.
\3\ 15 U.S.C. 78s(b)(3)(a).
\4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The principal purpose of the proposed amendments is for ICE Clear
Europe to amend its Delivery Procedures (the ``Delivery Procedures'')
to add a new Section 11 and a new Part GG to address delivery relating
to the ICE Futures Abu Dhabi Murban Crude Oil Futures Contracts (the
``ICE Murban Crude Oil Futures Contracts'' or the ``Contracts'').\5\
---------------------------------------------------------------------------
\5\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules (the
``Rules'').
---------------------------------------------------------------------------
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
(a) Purpose
ICE Clear Europe is proposing to amend its Delivery Procedures to
add a new Section 11 and a new Part GG to address delivery relating to
the ICE Murban Crude Oil Futures Contracts. The Contracts will be
traded on ICE Futures Abu Dhabi and cleared by ICE Clear Europe.
New Part GG would set out the delivery specifications and
procedures for deliveries of Murban crude oil under the ICE Murban
Crude Oil Futures
[[Page 9556]]
Contract. The amended Delivery Procedures would specify the delivery
mode (with reference to applicable requirements of the relevant
delivery terminal in Fujairah, UAE) and delivery loading volume
tolerances). Consistent with the exchange rules for the Contracts,
delivery would take place on one or more consecutive Terminal Loading
Days within the Delivery Range (which range must fall within the
Delivery Period). The new Part GG would also address requirements as to
delivery free of encumbrances, and determination of delivery quantity
and price by reference to exchange rules for the Contract. The
amendments would also establish certain timing requirements for
exchange of futures for physical and swap transactions under exchange
rules.
New Part GG would provide a detailed delivery timetable, from the
last trading day of the Contract through final settlement, including
procedures, deadlines and requirements for nominations or substitutions
of delivery range and delivery day, loading programme, delivery
confirmations, delivery margin, invoicing, receipt confirmations, and
other matters. The procedures would also address invoice calculation
with respect to the Contract and delivery loading volume tolerances.
New Part GG would also specify the delivery documentation required of
Buyers and Sellers.
New Section 11 of the Delivery Procedures would provide for an
alternative delivery procedure for the Contracts if the Buyer and
Seller agree to undertake delivery outside the ICE Futures Abu Dhabi
Rules (similar to the alternative delivery procedure for other cleared
F&O Contracts).
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act \6\ 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, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. The proposed
amendments are designed to facilitate the clearing of a new physically
settled crude oil futures contract being launched for trading by the
ICE Futures Abu Dhabi exchange and that will be cleared by ICE Clear
Europe. The amendments would set out the obligations and roles of the
Clearing House and the relevant parties for delivery under the
Contracts, supplementing the existing provisions of the Rules. ICE
Clear Europe believes that its financial resources, risk management,
systems and operational arrangements are sufficient to support clearing
of such Contracts (and to address physical delivery under such
Contracts) and to manage the risks associated with such Contracts. As a
result, in ICE Clear Europe's view, the amendments would be consistent
with the prompt and accurate clearance and settlement of the Contracts
as set out in the proposed Delivery Procedures amendments, and the
protection of investors and the public interest, consistent with the
requirements of Section 17A(b)(3)(F) of the Act.\7\ (In ICE Clear
Europe's view, the amendments would not adversely affect the
safeguarding of funds or securities in the custody or control of the
clearing agency or for which it is responsible, within the meaning of
Section 17A(b)(3)(F).\8\)
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78q-1(b)(3)(F).
\7\ 15 U.S.C. 78q-1(b)(3)(F).
\8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
In addition, Rule 17Ad-22(e)(10) \9\ requires that each covered
clearing agency establish and maintain transparent written standards
that state its obligations with respect to the delivery of physical
instruments, and establish and maintain operational practices that
identify, monitor and manage the risks associated with such physical
deliveries. As discussed above, the amendments to the Delivery
Procedures relating to the delivery and settlement of Murban crude oil
under the Contracts would set out the obligations and roles of Clearing
Members and the Clearing House. The amendments would also specify the
mode of delivery and adopt relevant procedures, deadlines and
documentation requirements for such deliveries, which would facilitate
identifying, monitoring and managing risks associated with delivery. As
such, in ICE Clear Europe's view, the amendments are consistent with
the requirements of Rule 17Ad-22(e)(10).\10\
---------------------------------------------------------------------------
\9\ 17 CFR 240.17Ad-22(e)(10).
\10\ 17 CFR 240.17Ad-22(e)(10).
---------------------------------------------------------------------------
(B) Clearing Agency's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed rule changes would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The changes are
being proposed in order to update the Delivery Procedures in connection
with the listing of the Contracts for trading on the ICE Futures Abu
Dhabi market. ICE Clear Europe believes that the Contracts would
provide additional opportunities for interested market participants to
engage in trading activity in the Murban crude oil market. ICE Clear
Europe does not believe the amendments would adversely affect
competition among Clearing Members, materially affect the cost of
clearing, adversely affect access to clearing in Contracts for Clearing
Members or their customers, or otherwise adversely affect competition
in clearing services. Accordingly, ICE Clear Europe does not believe
that the amendments would impose any impact or burden on competition
that is not appropriate in furtherance of the purpose 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 amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the 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.
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml) or
Send an email to [email protected]. Please include
File Number SR-ICEEU-2021-003 on the subject line.
[[Page 9557]]
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-ICEEU-2021-003. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/clear-europe/regulation.
All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2021-003 and should be
submitted on or before March 9, 2021.
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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J. Mathew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02995 Filed 2-12-21; 8:45 am]
BILLING CODE 8011-01-P