Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change Relating to the ICC Collateral Risk Management Framework, ICC Treasury Operations Policies and Procedures, and ICC Liquidity Risk Management Framework, 79922-79924 [2022-28195]
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79922
Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
Accordingly, the Commission hereby
waives the 30-day operative delay and
designates the proposal operative upon
filing.17
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
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–NYSEARCA–2022–84 and
should be submitted on or before
January 18, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–28196 Filed 12–27–22; 8:45 am]
BILLING CODE 8011–01–P
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–
NYSEARCA–2022–84 on the subject
line.
ddrumheller on DSK6VXHR33PROD with 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–NYSEARCA–2022–84. 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
17 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96557; File No. SR–ICC–
2022–013]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Order Approving
Proposed Rule Change Relating to the
ICC Collateral Risk Management
Framework, ICC Treasury Operations
Policies and Procedures, and ICC
Liquidity Risk Management Framework
December 21, 2022.
I. Introduction
On October 24, 2022, ICE Clear Credit
LLC (‘‘ICC’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (the ‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change to
formalize the Collateral Risk
Management Framework (‘‘CRMF’’) and
to amend both its Treasury Operations
Policies and Procedures (‘‘Treasury
Policy’’) and its Liquidity Risk
Management Framework (‘‘LRMF’’). The
proposed rule change was published for
comment in the Federal Register on
November 10, 2022.3 The Commission
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Self-Regulatory Organizations; ICE Clear Credit
LLC; Notice of Filing of Proposed Rule Change
Relating to the ICC Collateral Risk Management
Framework, ICC Treasury Options Policies and
Procedures, and the ICC Liquidity Risk
Management Framework; Exchange Act Release No.
1 15
PO 00000
Frm 00074
Fmt 4703
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did not receive comments regarding the
proposed rule change. For the reasons
discussed below, the Commission is
approving the proposed rule change.
II. Description of the Proposed Rule
Change
Background
ICC’s Clearing Participants provide
collateral to ICC to satisfy their margin
and Guaranty Fund requirements. To
manage the risk associated with
fluctuations in the value of this
collateral, ICC applies haircuts to the
collateral that it accepts. These haircuts
reduce the value of the collateral for
ICC’s risk management purposes.
Overall, the haircuts are designed to
account for potential decline in asset
liquidation value during stressed market
conditions. The CRMF would describe,
in a quantitative manner, how ICC
derives the collateral haircuts.
The overall purpose of the proposed
rule change is to move the CRMF, the
substance of which is currently found in
Appendix 6 to Treasury Policy, into a
separate, standalone document. Making
the CRMF a separate, standalone
document would allow ICC to treat the
CRMF as a separate risk management
model, subject to review and validation
like ICC’s other risk management
models.
To accomplish this objective, the
proposed rule change would: (i) delete
Appendix 6 to the Treasury Policy; (ii)
move the substance of the information
found in Appendix 6 to a standalone
document entitled the CRMF; and (iii)
update references in the Treasury Policy
and LRMF to refer to the CRMF, rather
than Appendix 6 to the Treasury Policy.
The changes are discussed for each of
the Treasury Policy, CRMF, and LRMF
as follows.
Treasury Policy
As discussed above, Appendix 6 to
the Treasury Policy currently has
information that the proposed rule
change would move into the CRMF.
Thus the proposed rule change would
first delete Appendix 6 from the
Treasury Policy and would move this
information to the CRMF (as discussed
below).
CRMF
The CRMF would describe, in a
quantitative manner, how ICC derives
collateral haircuts, which ICC uses to
manage the risk of fluctuations in the
prices of collateral posted by Clearing
Participants. As discussed above, the
CRMF would include the substance of
96237 (Nov. 4, 2022); 87 FR 67982 (Nov. 10, 2022)
(File No. SR–ICC–2022–013) (‘‘Notice’’).
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Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
the information that is currently found
in Appendix 6 of the Treasury Policy.4
The proposed rule change would move
this information into Sections I and III
of the CRMF, with minor updates to
reflect the re-formatting of the CRMF as
a standalone document.
In addition to this information from
Appendix 6 of the Treasury Policy, the
CRMF would include other information
related to collateral risk management
that is not currently found in Appendix
6. For example, Section IV would
contain examples of how ICC would
apply the methodology set out in the
CRMF to arrive at haircuts for various
types of collateral. Section V would
present a list of referenced publications,
which is also information not currently
found in Appendix 6.
Because the CRMF would contain
additional information that is not
currently found in Appendix 6, and
because the Commission is approving
the CRMF as a separate document for
the first time, the CRMF is described in
its entirety as follows.
The CRMF is divided into six
sections. Section I describes in general
how ICC computes collateral haircuts.
To compute collateral haircuts, ICC
estimates both the 5-day 99% expected
shortfall and the 2-day 99.9% Value-atRisk, using the same time series. Of the
two, ICC chooses the more conservative
risk measure to establish the haircut
factors that capture potential collateral
value losses.
Section I further contains three
subsections. Subsections I.a and I.b
describe in more detail how ICC derives
haircuts for collateral that is
denominated in foreign currencies and
for collateral that is sovereign debt.
Subsection I.a describes a two-stage
approach to account for the risk
associated with fluctuations of collateral
asset prices denominated in foreign
currencies and the corresponding time
series is used for collateral denominated
in foreign currencies.5 Subsection I.b
describes how the fluctuations of the
time to maturity yield rates are
considered and how its corresponding
time series are used for sovereign debt
collateral. Subsection I.c describes how
ICC arrives at a final haircut value, a
process which includes rounding up to
ensure stability and conservative bias.
Section II details one of the main
components ICC’s collateral risk model:
the distribution that describes the
realizations of the risk factor that in turn
determines the price of a particular item
4 See
Notice, 87 FR 67982 at 67983 (detailing
where components of Appendix 6 to the Treasury
Policy would be relocated to within the CRMP).
5 Id.
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18:26 Dec 27, 2022
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of collateral.6 For example, as is
described in the CRMF, for FX markets,
the actual FX rate is the determining
risk factor, whereas for government
bonds the determining risk factor is the
implied yield. Section II in turn has five
subsections that further describe the
model framework and this distribution.
Subsection II.a details certain
distribution assumptions appropriate for
foreign exchange (‘‘FX’’) and fixed
income (‘‘FI’’) assets on which the
haircut methodology is based.
Subsection II.b describes how parameter
estimates are obtained and used to
compute multi-day risk measures.
Subsection II.c details how the
variability of a risk factor is described
for risk management purposes and
presents the selected measure of
variability for all considered time series.
Subsection II.d portrays multi-period
forecasting, which includes the analysis
that is performed to extend one-day
forecasts to multi-period forecasts.
Subsection II.e details the methods to
obtain risk measures that are used for
haircut purposes.
Section III describes governance
procedures relevant to the CRMF as well
as a summary of the associated
governance process. Upon the daily
executions of collateral haircut factors,
the Risk Department reviews the results,
which are updated no less than monthly
and the ICC Chief Risk Officer (‘‘CRO’’)
has the discretion to update the haircut
factors more often. The Risk Department
would also conduct back-testing, at least
quarterly, to review the statistical
performance of the collateral haircut
model. If the back-testing results show
exceedances beyond the more
conservative risk measure, then ICC’s
CRO and Risk Oversight Officer will
determine whether to trigger subsequent
remedial steps and consultations.
Section IV provides examples of the
application of the methodology to FX
and FI instruments. Overall these
examples demonstrate the viability of
the provide examples of the modeling
approaches to various assets. Each of the
examples documents a three-stage
approach to estimate risk measures and
corresponding haircut factors.
The final two sections, Section V and
Section VI, provide referential
background related to the document
itself. Section V has a list of references
and Section VI adds a revision history.
LRMF
The LRMF changes would be the most
minor of the changes of the three
policies subject to this rule change.
More specifically, instead of referencing
6 See
PO 00000
Notice, 87 FR 67982 at 67983.
Frm 00075
Fmt 4703
Sfmt 4703
79923
the Treasury Policy Appendix 6, the
amended LRMF would reference the
CRMF.
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.7 For the
reasons discussed below, the
Commission finds that the proposed
rule change is consistent with Section
17A(b)(3)(F) of the Act 8 and Rules
17Ad–22(e)(2)(i), 17Ad–22(e)(2)(v), and
17Ad–22(e)(5) thereunder.9
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 ICC be designed to promote the
prompt and accurate clearance and
settlement of securities transactions.10
Based on its review of the record, and
for the reasons discussed below, the
Commission believes the proposed rule
change is consistent with the promotion
of the prompt and accurate clearance
and settlement of securities transactions
at ICC because it would promote
transparency and effective operation of
the collateral assets risk management
model.
The Commission believes that
unifying information on ICC’s collateral
assets risk management methodology in
one document with more detail will
improve transparency while promoting
effective operation of the model. The
CRMF would include information from
Appendix 6 of the Treasury Policy but
also would expand on it. Duplicative
information would be removed from the
Treasury Policy and references in the
Treasury Policy and the LRMF would be
updated to the CRMF as needed.
Additional information would be
provided regarding the collateral assets
risk management model and
methodology that would facilitate
replication and validation by third
parties. Additional information would
be included on relevant parameters,
computations, equations, definitions,
and figures to describe relevant
processes, which the Commission
believes would help ensure responsible
parties effectively complete their
7 15
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
9 17 CFR 240.17Ad–22(e)(2)(i), (e)(2)(v), and
(e)(5).
10 15 U.S.C. 78q–1(b)(3)(F).
8 15
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Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices
assigned duties. The Commission
believes that the proposed clarifications
to ICC’s rules would improve
transparency and readability by
avoiding unnecessary repetition and
duplication in the Treasury Policy,
which could help avoid confusion and
potential future inconsistencies between
policies. The Commission therefore
believes that, by unifying and
expanding the detail in the CRMF for
the collateral assets risk management
methodology in the CRMF, the proposed
rule change would promote the prompt
and accurate clearance and settlement of
securities transactions, consistent with
Section 17A(b)(3)(F) of the Act.11
ddrumheller on DSK6VXHR33PROD with NOTICES
B. Consistency With Rule 17Ad–
22(e)(2)(i) and (v)
Rules 17Ad–22(e)(2)(i) and (v) 12
require ICC to establish, implement,
maintain, and enforce written policies
and procedures reasonably designed to
provide for governance arrangements
that are clear and transparent and
specify clear and direct lines of
responsibility. As discussed above, the
proposed changes strengthen the
governance procedures related to ICC’s
collateral assets risk management
approach by memorializing associated
governance processes and procedures in
the CRMF. The CRMF details
governance procedures associated with
haircut factor updates, implementation,
and review, including the responsible
ICC personnel, department, group, or
committee. The Commission therefore
believes the proposed rule change
should help ensure that ICC maintains
policies and procedures that are
reasonably designed to provide for clear
and transparent governance
arrangements and specify clear and
direct lines of responsibility, consistent
with Rule 17Ad–22(e)(2)(i) and (v).13
C. Consistency With Rule 17Ad–22(e)(5)
Rule 17Ad–22(e)(5) 14 requires ICC to
establish, implement, maintain, and
enforce written policies and procedures
reasonably designed to limit the assets
it accepts as collateral to those with low
credit, liquidity, and market risks, and
set and enforce appropriately
conservative haircuts and concentration
limits if the covered clearing agency
requires collateral to manage its or its
participants’ credit exposure; and
require a review of the sufficiency of its
collateral haircuts and concentration
limits to be performed not less than
annually. ICC’s proposed changes
11 15
U.S.C. 78q–1(b)(3)(F).
12 17 CFR 240.17Ad–22(e)(2)(i) and (v).
13 Id.
14 17 CFR 240.17Ad–22(e)(5).
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18:26 Dec 27, 2022
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would not change which assets it
accepts as collateral. In addition to ICC’s
existing collateral requirements, the
CRMF would provide a framework for
setting and enforcing collateral haircuts.
The Commission believes the additional
procedures defined in Section III of the
CRMF would help ensure that ICC
establishes, reviews, and updates
haircuts within defined intervals, and
more frequently if deemed necessary. As
described above, collateral haircut factor
estimations are executed daily, and the
ICC Risk Department reviews the results
and determines at least monthly
whether it will made any updates to
collateral haircuts. Haircut factors can
be updated more frequently at the
discretion of the CRO or designee. The
Commission therefore finds the
proposed rule change is consistent with
Rule 17Ad–22(e)(5).15
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(b)(3)(F) of the Act 16 and
Rules 17Ad–22(e)(2)(i) and (v) and
17Ad–22(e)(5) thereunder.17
It is therefore ordered pursuant to
Section 19(b)(2) of the Act 18 that the
proposed rule change (SR–ICC–2022–
013), be, and hereby is, approved.19
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–28195 Filed 12–27–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96564; File No. SR–MRX–
2022–28]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Withdrawal of
Proposed Rule Change To Amend
Options 7, Section 6 To Add Port Fees
December 21, 2022.
On December 8, 2022, Nasdaq MRX,
LLC (‘‘MRX’’) filed with the Securities
and Exchange Commission
15 Id.
16 15
17 17
U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22(e)(2)(i), (e)(2)(v), and
(e)(5).
18 15 U.S.C. 78s(b)(2).
19 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).
20 17 CFR 200.30–3(a)(12).
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 1 and Rule 19b–4 thereunder,2 a
proposed rule change to assess port fees.
On December 16, 2022, MRX
withdrew the proposed rule change
(SR–MRX–2022–28).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.3
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–28200 Filed 12–27–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96563; File No. SR–MRX–
2022–29]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend MRX Options
7, Section 6
December 21, 2022.
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 December
16, 2022, Nasdaq MRX, LLC (‘‘MRX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
MRX’s Pricing Schedule at Options 7,
Section 6.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/mrx/rules, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
2 17
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Agencies
[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79922-79924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28195]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-96557; File No. SR-ICC-2022-013]
Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change Relating to the ICC Collateral Risk
Management Framework, ICC Treasury Operations Policies and Procedures,
and ICC Liquidity Risk Management Framework
December 21, 2022.
I. Introduction
On October 24, 2022, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (the
``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
formalize the Collateral Risk Management Framework (``CRMF'') and to
amend both its Treasury Operations Policies and Procedures (``Treasury
Policy'') and its Liquidity Risk Management Framework (``LRMF''). The
proposed rule change was published for comment in the Federal Register
on November 10, 2022.\3\ The Commission did not receive comments
regarding the proposed rule change. For the reasons discussed below,
the Commission is approving the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice
of Filing of Proposed Rule Change Relating to the ICC Collateral
Risk Management Framework, ICC Treasury Options Policies and
Procedures, and the ICC Liquidity Risk Management Framework;
Exchange Act Release No. 96237 (Nov. 4, 2022); 87 FR 67982 (Nov. 10,
2022) (File No. SR-ICC-2022-013) (``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
Background
ICC's Clearing Participants provide collateral to ICC to satisfy
their margin and Guaranty Fund requirements. To manage the risk
associated with fluctuations in the value of this collateral, ICC
applies haircuts to the collateral that it accepts. These haircuts
reduce the value of the collateral for ICC's risk management purposes.
Overall, the haircuts are designed to account for potential decline in
asset liquidation value during stressed market conditions. The CRMF
would describe, in a quantitative manner, how ICC derives the
collateral haircuts.
The overall purpose of the proposed rule change is to move the
CRMF, the substance of which is currently found in Appendix 6 to
Treasury Policy, into a separate, standalone document. Making the CRMF
a separate, standalone document would allow ICC to treat the CRMF as a
separate risk management model, subject to review and validation like
ICC's other risk management models.
To accomplish this objective, the proposed rule change would: (i)
delete Appendix 6 to the Treasury Policy; (ii) move the substance of
the information found in Appendix 6 to a standalone document entitled
the CRMF; and (iii) update references in the Treasury Policy and LRMF
to refer to the CRMF, rather than Appendix 6 to the Treasury Policy.
The changes are discussed for each of the Treasury Policy, CRMF, and
LRMF as follows.
Treasury Policy
As discussed above, Appendix 6 to the Treasury Policy currently has
information that the proposed rule change would move into the CRMF.
Thus the proposed rule change would first delete Appendix 6 from the
Treasury Policy and would move this information to the CRMF (as
discussed below).
CRMF
The CRMF would describe, in a quantitative manner, how ICC derives
collateral haircuts, which ICC uses to manage the risk of fluctuations
in the prices of collateral posted by Clearing Participants. As
discussed above, the CRMF would include the substance of
[[Page 79923]]
the information that is currently found in Appendix 6 of the Treasury
Policy.\4\ The proposed rule change would move this information into
Sections I and III of the CRMF, with minor updates to reflect the re-
formatting of the CRMF as a standalone document.
---------------------------------------------------------------------------
\4\ See Notice, 87 FR 67982 at 67983 (detailing where components
of Appendix 6 to the Treasury Policy would be relocated to within
the CRMP).
---------------------------------------------------------------------------
In addition to this information from Appendix 6 of the Treasury
Policy, the CRMF would include other information related to collateral
risk management that is not currently found in Appendix 6. For example,
Section IV would contain examples of how ICC would apply the
methodology set out in the CRMF to arrive at haircuts for various types
of collateral. Section V would present a list of referenced
publications, which is also information not currently found in Appendix
6.
Because the CRMF would contain additional information that is not
currently found in Appendix 6, and because the Commission is approving
the CRMF as a separate document for the first time, the CRMF is
described in its entirety as follows.
The CRMF is divided into six sections. Section I describes in
general how ICC computes collateral haircuts. To compute collateral
haircuts, ICC estimates both the 5-day 99% expected shortfall and the
2-day 99.9% Value-at-Risk, using the same time series. Of the two, ICC
chooses the more conservative risk measure to establish the haircut
factors that capture potential collateral value losses.
Section I further contains three subsections. Subsections I.a and
I.b describe in more detail how ICC derives haircuts for collateral
that is denominated in foreign currencies and for collateral that is
sovereign debt. Subsection I.a describes a two-stage approach to
account for the risk associated with fluctuations of collateral asset
prices denominated in foreign currencies and the corresponding time
series is used for collateral denominated in foreign currencies.\5\
Subsection I.b describes how the fluctuations of the time to maturity
yield rates are considered and how its corresponding time series are
used for sovereign debt collateral. Subsection I.c describes how ICC
arrives at a final haircut value, a process which includes rounding up
to ensure stability and conservative bias.
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Section II details one of the main components ICC's collateral risk
model: the distribution that describes the realizations of the risk
factor that in turn determines the price of a particular item of
collateral.\6\ For example, as is described in the CRMF, for FX
markets, the actual FX rate is the determining risk factor, whereas for
government bonds the determining risk factor is the implied yield.
Section II in turn has five subsections that further describe the model
framework and this distribution.
---------------------------------------------------------------------------
\6\ See Notice, 87 FR 67982 at 67983.
---------------------------------------------------------------------------
Subsection II.a details certain distribution assumptions
appropriate for foreign exchange (``FX'') and fixed income (``FI'')
assets on which the haircut methodology is based. Subsection II.b
describes how parameter estimates are obtained and used to compute
multi-day risk measures. Subsection II.c details how the variability of
a risk factor is described for risk management purposes and presents
the selected measure of variability for all considered time series.
Subsection II.d portrays multi-period forecasting, which includes the
analysis that is performed to extend one-day forecasts to multi-period
forecasts. Subsection II.e details the methods to obtain risk measures
that are used for haircut purposes.
Section III describes governance procedures relevant to the CRMF as
well as a summary of the associated governance process. Upon the daily
executions of collateral haircut factors, the Risk Department reviews
the results, which are updated no less than monthly and the ICC Chief
Risk Officer (``CRO'') has the discretion to update the haircut factors
more often. The Risk Department would also conduct back-testing, at
least quarterly, to review the statistical performance of the
collateral haircut model. If the back-testing results show exceedances
beyond the more conservative risk measure, then ICC's CRO and Risk
Oversight Officer will determine whether to trigger subsequent remedial
steps and consultations.
Section IV provides examples of the application of the methodology
to FX and FI instruments. Overall these examples demonstrate the
viability of the provide examples of the modeling approaches to various
assets. Each of the examples documents a three-stage approach to
estimate risk measures and corresponding haircut factors.
The final two sections, Section V and Section VI, provide
referential background related to the document itself. Section V has a
list of references and Section VI adds a revision history.
LRMF
The LRMF changes would be the most minor of the changes of the
three policies subject to this rule change. More specifically, instead
of referencing the Treasury Policy Appendix 6, the amended LRMF would
reference the CRMF.
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.\7\ For the reasons discussed below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act \8\ and Rules 17Ad-22(e)(2)(i), 17Ad-22(e)(2)(v), and 17Ad-
22(e)(5) thereunder.\9\
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\7\ 15 U.S.C. 78s(b)(2)(C).
\8\ 15 U.S.C. 78q-1(b)(3)(F).
\9\ 17 CFR 240.17Ad-22(e)(2)(i), (e)(2)(v), and (e)(5).
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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 ICC be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\10\ Based on its
review of the record, and for the reasons discussed below, the
Commission believes the proposed rule change is consistent with the
promotion of the prompt and accurate clearance and settlement of
securities transactions at ICC because it would promote transparency
and effective operation of the collateral assets risk management model.
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\10\ 15 U.S.C. 78q-1(b)(3)(F).
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The Commission believes that unifying information on ICC's
collateral assets risk management methodology in one document with more
detail will improve transparency while promoting effective operation of
the model. The CRMF would include information from Appendix 6 of the
Treasury Policy but also would expand on it. Duplicative information
would be removed from the Treasury Policy and references in the
Treasury Policy and the LRMF would be updated to the CRMF as needed.
Additional information would be provided regarding the collateral
assets risk management model and methodology that would facilitate
replication and validation by third parties. Additional information
would be included on relevant parameters, computations, equations,
definitions, and figures to describe relevant processes, which the
Commission believes would help ensure responsible parties effectively
complete their
[[Page 79924]]
assigned duties. The Commission believes that the proposed
clarifications to ICC's rules would improve transparency and
readability by avoiding unnecessary repetition and duplication in the
Treasury Policy, which could help avoid confusion and potential future
inconsistencies between policies. The Commission therefore believes
that, by unifying and expanding the detail in the CRMF for the
collateral assets risk management methodology in the CRMF, the proposed
rule change would promote the prompt and accurate clearance and
settlement of securities transactions, consistent with Section
17A(b)(3)(F) of the Act.\11\
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\11\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Consistency With Rule 17Ad-22(e)(2)(i) and (v)
Rules 17Ad-22(e)(2)(i) and (v) \12\ require ICC to establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to provide for governance arrangements that are
clear and transparent and specify clear and direct lines of
responsibility. As discussed above, the proposed changes strengthen the
governance procedures related to ICC's collateral assets risk
management approach by memorializing associated governance processes
and procedures in the CRMF. The CRMF details governance procedures
associated with haircut factor updates, implementation, and review,
including the responsible ICC personnel, department, group, or
committee. The Commission therefore believes the proposed rule change
should help ensure that ICC maintains policies and procedures that are
reasonably designed to provide for clear and transparent governance
arrangements and specify clear and direct lines of responsibility,
consistent with Rule 17Ad-22(e)(2)(i) and (v).\13\
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\12\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
\13\ Id.
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C. Consistency With Rule 17Ad-22(e)(5)
Rule 17Ad-22(e)(5) \14\ requires ICC to establish, implement,
maintain, and enforce written policies and procedures reasonably
designed to limit the assets it accepts as collateral to those with low
credit, liquidity, and market risks, and set and enforce appropriately
conservative haircuts and concentration limits if the covered clearing
agency requires collateral to manage its or its participants' credit
exposure; and require a review of the sufficiency of its collateral
haircuts and concentration limits to be performed not less than
annually. ICC's proposed changes would not change which assets it
accepts as collateral. In addition to ICC's existing collateral
requirements, the CRMF would provide a framework for setting and
enforcing collateral haircuts. The Commission believes the additional
procedures defined in Section III of the CRMF would help ensure that
ICC establishes, reviews, and updates haircuts within defined
intervals, and more frequently if deemed necessary. As described above,
collateral haircut factor estimations are executed daily, and the ICC
Risk Department reviews the results and determines at least monthly
whether it will made any updates to collateral haircuts. Haircut
factors can be updated more frequently at the discretion of the CRO or
designee. The Commission therefore finds the proposed rule change is
consistent with Rule 17Ad-22(e)(5).\15\
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\14\ 17 CFR 240.17Ad-22(e)(5).
\15\ Id.
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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(b)(3)(F) of the
Act \16\ and Rules 17Ad-22(e)(2)(i) and (v) and 17Ad-22(e)(5)
thereunder.\17\
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\16\ 15 U.S.C. 78q-1(b)(3)(F).
\17\ 17 CFR 240.17Ad-22(e)(2)(i), (e)(2)(v), and (e)(5).
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It is therefore ordered pursuant to Section 19(b)(2) of the Act
\18\ that the proposed rule change (SR-ICC-2022-013), be, and hereby
is, approved.\19\
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\18\ 15 U.S.C. 78s(b)(2).
\19\ 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).
\20\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-28195 Filed 12-27-22; 8:45 am]
BILLING CODE 8011-01-P