Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to Amendments to the Collateral and Haircut Procedures, 52229-52230 [2023-16719]
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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:
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–NYSEARCA–2023–48 and should be
submitted on or before August 28, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–16712 Filed 8–4–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–2023–48 on the subject
line.
[Release No. 34–98032; File No. SR–ICEEU–
2023–013]
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–2023–48. 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
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
August 1, 2023.
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
Self-Regulatory Organizations; ICE
Clear Europe Limited; Order Approving
Proposed Rule Change Relating to
Amendments to the Collateral and
Haircut Procedures
I. Introduction
On June 9, 2023, 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 (the ‘‘Act’’),1 and
Rule 19b–4,2 a proposed rule change to
amend the ICE Clear Europe Collateral
and Haircut Procedures (the
‘‘Procedures’’). The proposed rule
change was published for comment in
the Federal Register on June 26, 2023.3
The Commission did not receive
comments regarding the proposed rule
change. For the reasons discussed
below, the Commission is approving the
proposed rule change.
II. Description of the Proposed Rule
Change
ICE Clear Europe is registered with
the Commission as a clearing agency for
the purpose of clearing security-based
swaps. In its role as a clearing agency
for security-based swaps, ICE Clear
Europe provides services to its Clearing
Members and Clearing Members transfer
assets to ICE Clear Europe.4 For
28 17
CFR 200.30–3(a)(12), (59).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Self-Regulatory Organizations; ICE Clear Europe
Limited; Notice of Filing of Proposed Rule Change
Relating to Amendments to the Collateral Haircut
Procedures, Exchange Act Release No. 97766 (June
20, 2023); 88 FR 41439 (June 26, 2023) (SR–ICEEU–
2023–013) (‘‘Notice’’).
4 Capitalized terms not otherwise defined herein
have the meanings assigned to them in the
Procedures or the ICE Clear Europe Clearing Rules.
1 15
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
52229
example, ICE Clear Europe’s Clearing
Members transfer to ICE Clear Europe
cash and other assets as collateral to
cover the exposures presented by the
positions that ICE Clear Europe clears.
ICE Clear Europe communicates such
collateral requirements as Initial Margin
and Guaranty Fund requirements.5 ICE
Clear Europe generally refers to the
assets that it accepts from Clearing
Members to cover their Initial Margin
and Guaranty Fund requirements as
Permitted Cover.6
The Procedures describe ICE Clear
Europe’s operational activities and
related governance processes with
respect to Permitted Cover. These
operational activities include, among
other things, enforcing basic eligibility
criteria that assets must satisfy to be
Permitted Cover, valuing Permitted
Cover, and applying haircuts to that
value.7
The proposed rule change relates to
the eligibility criteria that ICE Clear
Europe uses to determine whether to
accept a particular asset as Permitted
Cover. Section 2 of the Procedures sets
out the general criteria that all assets
must satisfy to be considered Permitted
Cover. Among other things, to be
considered Permitted Cover an asset
must be highly liquid with an active
sale or repurchase agreement market
with a diverse group of buyers and
sellers.
In addition to the general criteria
found in Section 2, which applies to all
assets submitted as Permitted Cover,
Appendix A to the Procedures provides
additional eligibility criteria for two
specific asset classes: financial
instruments and gold. To qualify as
5 ICE Clear Europe’s Clearing Rules note that
Initial Margin means ‘‘the Permitted Cover required
to be provided or actually provided . . . to the
Clearing House as collateral for the obligations of
a Clearing Member or Sponsored Principal in
respect of CDS Contracts . . . .’’ ICE Clear Europe
Clearing Rule 101. Guaranty fund contributions
serve to secure the obligations of a Clearing Member
to ICE Clear Europe and may be used to cover losses
sustained by ICE Clear Europe in the event of a
default of the Clearing Member. ICE Clear Europe
Clearing Rule 1103.
6 ICE Clear Europe Rule 101 defines ‘‘Permitted
Cover’’ as ‘‘. . . cash in Eligible Currencies and
other assets determined by the Clearing House as
permissible for Margin or Guaranty Fund
Contributions and includes, where the context so
requires, any such cash or assets transferred to the
Clearing House and any proceeds of realisation of
the same. A particular kind of currency or asset may
be determined by the Clearing House to be
Permitted Cover only in respect of Proprietary
Accounts, particular kinds of Customer Accounts,
Energy Contracts, Financials & Softs Contracts, F&O
Contracts, FX Contracts, CDS Contracts or certain
Sets of Contracts.’’
7 ICE Clear Europe uses these haircuts to reduce
the value of the Permitted Cover. Doing so helps
account for a potential decline in value that ICE
Clear Europe could face if it had to liquidate the
Permitted Cover in stressed market conditions.
E:\FR\FM\07AUN1.SGM
07AUN1
52230
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
Permitted Cover, financial instruments
and gold must satisfy both the general
eligibility criteria in Section 2 and the
specialized criteria in Appendix A.
The proposed rule change would
amend the specialized criteria for gold
found in Appendix A. Currently ICE
Clear Europe will accept gold as
Permitted Cover in either of the
following circumstances: (i) the gold is
owned as allocated gold bullion,
meaning ICE Clear Europe directly owns
an interest in specific gold bars or (ii)
the gold is owned as unallocated gold
bullion through a firm with low credit
risk based on ICE Clear Europe’s own
assessment. Unallocated means ICE
Clear Europe owns an interest in a pool
of gold bars rather than specific gold
bars. Thus, unallocated gold represents
a claim against the relevant custodian
for an amount of metal held in bulk,
while allocated gold held by a custodian
is specifically identified for a particular
owner. The proposed rule change would
delete the unallocated option. Under
Appendix A as amended, ICE Clear
Europe would only accept gold if it is
specifically allocated to ICE Clear
Europe.
Specifically, the amended Appendix
A would state that ICE Clear Europe
would only recognize gold as Permitted
Cover where the gold is transferred from
an unallocated account to an allocated
account of a custodian in the name of
ICE Clear Europe. Once the gold meets
those criteria, it will be deemed to be
allocated pure gold bullion of
recognized good delivery.
This amendment would help to
ensure that ICE Clear Europe’s eligibility
criteria for gold collateral conforms to
certain requirements under the
European Market Infrastructure
Regulation that gold collateral be held
in allocated form.8
ddrumheller on DSK120RN23PROD with NOTICES1
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.9 For the
reasons discussed below, the
Commission finds that the proposed
rule change is consistent with Section
8 See Notice, 88 FR 41440; Commission Delegated
Regulation (EU) No 153/2013 of 19 December 2012
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, Annex I, Section 3.
9 15 U.S.C. 78s(b)(2)(C).
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
17A(b)(3)(F) of the Act 10 and Rule
17Ad–22(e)(5) thereunder.11
B. Consistency With Rule 17Ad–22(e)(5)
Under the Act
A. Consistency With Section
17A(b)(3)(F) of the Act
Rule 17Ad–22(e)(5) requires that ICE
Clear Europe establish, implement,
maintain, and enforce written policies
and procedures reasonably designed to,
among other things, limit the assets it
accepts as collateral to those with low
credit, liquidity, and market risks. The
Commission believes that accepting
gold as Permitted Cover only in
allocated form would help to lower the
credit risk associated with that gold. As
discussed above, allocated gold would
give ICE Clear Europe an interest in
specific bars of gold, rather than an
interest in shared pool of bars of gold.
Unallocated gold represents a claim
against the custodian for an amount of
metal held in bulk, while allocated gold
held by a custodian is specifically
identified for a particular owner and
therefore represents a lower credit risk
than unallocated gold. The Commission
therefore believes that accepting gold as
Permitted Cover only in allocated form
would support ICE Clear Europe’s
ability to limit the assets it accepts as
collateral to those with low credit risks.
Therefore, the Commission finds that
the proposed rule change is consistent
with Rule 17Ad–22(e)(5).14
Section 17A(b)(3)(F) of the Act
requires, among other things, that the
rules of ICE Clear Europe be designed to
promote the prompt and accurate
clearance and settlement of securities
transactions and, to the extent
applicable, derivative agreements,
contracts, and transactions.12 Based on
its review of the record, and for the
reasons discussed below, the
Commission believes the proposed
changes to the Procedures are consistent
with the promotion of the prompt and
accurate clearance and settlement of
securities transactions.
The Commission believes that
accepting gold as Permitted Cover only
if in allocated form would help to
ensure the availability of that gold for
liquidation. Should ICE Clear Europe
need to liquidate gold to satisfy a
Clearing Member’s Initial Margin or
Guaranty Fund requirement, the
Commission believes gold in allocated
form is more likely to be available than
gold not in allocated form. The
Commission believes this to be the case
because allocated gold would be held by
a custodian in the name of ICE Clear
Europe, giving ICE Clear Europe an
interest in specific bars of gold, rather
than an interest in shared pool of bars
of gold.
The Commission therefore believes
that accepting only allocated gold
would improve ICE Clear Europe’s
ability to liquidate that gold if needed,
thereby helping to improve ICE Clear
Europe’s ability to manage potential
losses that could result from a Clearing
Member’s default. The Commission
further believes these potential losses, if
not properly managed, could disrupt
ICE Clear Europe’s ability to clear and
settle transactions. Accordingly, the
Commission believes the proposed rule
change, by requiring ICE Clear Europe to
only accept allocated gold as Permitted
Cover, would be consistent with the
promotion of the prompt and accurate
clearance and settlement of securities
transactions.
Therefore, the Commission finds that
the proposed rule change is consistent
with Section 17A(b)(3)(F) of the Act.13
10 15
U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22(e)(5).
12 15 U.S.C. 78q–1(b)(3)(F).
13 15 U.S.C. 78q–1(b)(3)(F).
11 17
PO 00000
Frm 00123
Fmt 4703
Sfmt 9990
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 15 and
Rule 17Ad–22(e)(5) thereunder.16
It is therefore ordered pursuant to
Section 19(b)(2) of the Act 17 that the
proposed rule change (SR–ICEEU–2023–
013), be, and hereby is, approved.18
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–16719 Filed 8–4–23; 8:45 am]
BILLING CODE 8011–01–P
14 17
CFR 240.17Ad–22(e)(5).
U.S.C. 78q–1(b)(3)(F).
16 17 CFR 240.17Ad–22(e)(5).
17 15 U.S.C. 78s(b)(2).
18 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).
19 17 CFR 200.30–3(a)(12).
15 15
E:\FR\FM\07AUN1.SGM
07AUN1
Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52229-52230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16719]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-98032; File No. SR-ICEEU-2023-013]
Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Approving Proposed Rule Change Relating to Amendments to the Collateral
and Haircut Procedures
August 1, 2023.
I. Introduction
On June 9, 2023, 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
(the ``Act''),\1\ and Rule 19b-4,\2\ a proposed rule change to amend
the ICE Clear Europe Collateral and Haircut Procedures (the
``Procedures''). The proposed rule change was published for comment in
the Federal Register on June 26, 2023.\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 Europe Limited;
Notice of Filing of Proposed Rule Change Relating to Amendments to
the Collateral Haircut Procedures, Exchange Act Release No. 97766
(June 20, 2023); 88 FR 41439 (June 26, 2023) (SR-ICEEU-2023-013)
(``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
ICE Clear Europe is registered with the Commission as a clearing
agency for the purpose of clearing security-based swaps. In its role as
a clearing agency for security-based swaps, ICE Clear Europe provides
services to its Clearing Members and Clearing Members transfer assets
to ICE Clear Europe.\4\ For example, ICE Clear Europe's Clearing
Members transfer to ICE Clear Europe cash and other assets as
collateral to cover the exposures presented by the positions that ICE
Clear Europe clears. ICE Clear Europe communicates such collateral
requirements as Initial Margin and Guaranty Fund requirements.\5\ ICE
Clear Europe generally refers to the assets that it accepts from
Clearing Members to cover their Initial Margin and Guaranty Fund
requirements as Permitted Cover.\6\
---------------------------------------------------------------------------
\4\ Capitalized terms not otherwise defined herein have the
meanings assigned to them in the Procedures or the ICE Clear Europe
Clearing Rules.
\5\ ICE Clear Europe's Clearing Rules note that Initial Margin
means ``the Permitted Cover required to be provided or actually
provided . . . to the Clearing House as collateral for the
obligations of a Clearing Member or Sponsored Principal in respect
of CDS Contracts . . . .'' ICE Clear Europe Clearing Rule 101.
Guaranty fund contributions serve to secure the obligations of a
Clearing Member to ICE Clear Europe and may be used to cover losses
sustained by ICE Clear Europe in the event of a default of the
Clearing Member. ICE Clear Europe Clearing Rule 1103.
\6\ ICE Clear Europe Rule 101 defines ``Permitted Cover'' as ``.
. . cash in Eligible Currencies and other assets determined by the
Clearing House as permissible for Margin or Guaranty Fund
Contributions and includes, where the context so requires, any such
cash or assets transferred to the Clearing House and any proceeds of
realisation of the same. A particular kind of currency or asset may
be determined by the Clearing House to be Permitted Cover only in
respect of Proprietary Accounts, particular kinds of Customer
Accounts, Energy Contracts, Financials & Softs Contracts, F&O
Contracts, FX Contracts, CDS Contracts or certain Sets of
Contracts.''
---------------------------------------------------------------------------
The Procedures describe ICE Clear Europe's operational activities
and related governance processes with respect to Permitted Cover. These
operational activities include, among other things, enforcing basic
eligibility criteria that assets must satisfy to be Permitted Cover,
valuing Permitted Cover, and applying haircuts to that value.\7\
---------------------------------------------------------------------------
\7\ ICE Clear Europe uses these haircuts to reduce the value of
the Permitted Cover. Doing so helps account for a potential decline
in value that ICE Clear Europe could face if it had to liquidate the
Permitted Cover in stressed market conditions.
---------------------------------------------------------------------------
The proposed rule change relates to the eligibility criteria that
ICE Clear Europe uses to determine whether to accept a particular asset
as Permitted Cover. Section 2 of the Procedures sets out the general
criteria that all assets must satisfy to be considered Permitted Cover.
Among other things, to be considered Permitted Cover an asset must be
highly liquid with an active sale or repurchase agreement market with a
diverse group of buyers and sellers.
In addition to the general criteria found in Section 2, which
applies to all assets submitted as Permitted Cover, Appendix A to the
Procedures provides additional eligibility criteria for two specific
asset classes: financial instruments and gold. To qualify as
[[Page 52230]]
Permitted Cover, financial instruments and gold must satisfy both the
general eligibility criteria in Section 2 and the specialized criteria
in Appendix A.
The proposed rule change would amend the specialized criteria for
gold found in Appendix A. Currently ICE Clear Europe will accept gold
as Permitted Cover in either of the following circumstances: (i) the
gold is owned as allocated gold bullion, meaning ICE Clear Europe
directly owns an interest in specific gold bars or (ii) the gold is
owned as unallocated gold bullion through a firm with low credit risk
based on ICE Clear Europe's own assessment. Unallocated means ICE Clear
Europe owns an interest in a pool of gold bars rather than specific
gold bars. Thus, unallocated gold represents a claim against the
relevant custodian for an amount of metal held in bulk, while allocated
gold held by a custodian is specifically identified for a particular
owner. The proposed rule change would delete the unallocated option.
Under Appendix A as amended, ICE Clear Europe would only accept gold if
it is specifically allocated to ICE Clear Europe.
Specifically, the amended Appendix A would state that ICE Clear
Europe would only recognize gold as Permitted Cover where the gold is
transferred from an unallocated account to an allocated account of a
custodian in the name of ICE Clear Europe. Once the gold meets those
criteria, it will be deemed to be allocated pure gold bullion of
recognized good delivery.
This amendment would help to ensure that ICE Clear Europe's
eligibility criteria for gold collateral conforms to certain
requirements under the European Market Infrastructure Regulation that
gold collateral be held in allocated form.\8\
---------------------------------------------------------------------------
\8\ See Notice, 88 FR 41440; Commission Delegated Regulation
(EU) No 153/2013 of 19 December 2012 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, Annex I, Section 3.
---------------------------------------------------------------------------
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.\9\ For the reasons discussed below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act \10\ and Rule 17Ad-22(e)(5) thereunder.\11\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(2)(C).
\10\ 15 U.S.C. 78q-1(b)(3)(F).
\11\ 17 CFR 240.17Ad-22(e)(5).
---------------------------------------------------------------------------
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 ICE Clear Europe be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions.\12\ Based on its review of the record, and for the
reasons discussed below, the Commission believes the proposed changes
to the Procedures are consistent with the promotion of the prompt and
accurate clearance and settlement of securities transactions.
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
The Commission believes that accepting gold as Permitted Cover only
if in allocated form would help to ensure the availability of that gold
for liquidation. Should ICE Clear Europe need to liquidate gold to
satisfy a Clearing Member's Initial Margin or Guaranty Fund
requirement, the Commission believes gold in allocated form is more
likely to be available than gold not in allocated form. The Commission
believes this to be the case because allocated gold would be held by a
custodian in the name of ICE Clear Europe, giving ICE Clear Europe an
interest in specific bars of gold, rather than an interest in shared
pool of bars of gold.
The Commission therefore believes that accepting only allocated
gold would improve ICE Clear Europe's ability to liquidate that gold if
needed, thereby helping to improve ICE Clear Europe's ability to manage
potential losses that could result from a Clearing Member's default.
The Commission further believes these potential losses, if not properly
managed, could disrupt ICE Clear Europe's ability to clear and settle
transactions. Accordingly, the Commission believes the proposed rule
change, by requiring ICE Clear Europe to only accept allocated gold as
Permitted Cover, would be consistent with the promotion of the prompt
and accurate clearance and settlement of securities transactions.
Therefore, the Commission finds that the proposed rule change is
consistent with Section 17A(b)(3)(F) of the Act.\13\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
B. Consistency With Rule 17Ad-22(e)(5) Under the Act
Rule 17Ad-22(e)(5) requires that ICE Clear Europe establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to, among other things, limit the assets it accepts
as collateral to those with low credit, liquidity, and market risks.
The Commission believes that accepting gold as Permitted Cover only in
allocated form would help to lower the credit risk associated with that
gold. As discussed above, allocated gold would give ICE Clear Europe an
interest in specific bars of gold, rather than an interest in shared
pool of bars of gold. Unallocated gold represents a claim against the
custodian for an amount of metal held in bulk, while allocated gold
held by a custodian is specifically identified for a particular owner
and therefore represents a lower credit risk than unallocated gold. The
Commission therefore believes that accepting gold as Permitted Cover
only in allocated form would support ICE Clear Europe's ability to
limit the assets it accepts as collateral to those with low credit
risks.
Therefore, the Commission finds that the proposed rule change is
consistent with Rule 17Ad-22(e)(5).\14\
---------------------------------------------------------------------------
\14\ 17 CFR 240.17Ad-22(e)(5).
---------------------------------------------------------------------------
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 \15\ and Rule 17Ad-22(e)(5) thereunder.\16\
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78q-1(b)(3)(F).
\16\ 17 CFR 240.17Ad-22(e)(5).
---------------------------------------------------------------------------
It is therefore ordered pursuant to Section 19(b)(2) of the Act
\17\ that the proposed rule change (SR-ICEEU-2023-013), be, and hereby
is, approved.\18\
---------------------------------------------------------------------------
\17\ 15 U.S.C. 78s(b)(2).
\18\ 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).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------
\19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-16719 Filed 8-4-23; 8:45 am]
BILLING CODE 8011-01-P