Notice2021-23919
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
Primary source
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Published
November 3, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 210 (Wednesday, November 3, 2021)</title>
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[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60665-60667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23919]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93443; File No. SR-ICEEU-2021-019]
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
October 28, 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 October 15, 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 primarily 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)
thereunder,\4\ such that the proposed rule change 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.
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\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).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
(a) The principal purpose of the proposed amendments is for ICE
Clear Europe to amend its amend Part GG of its Delivery Procedures to
update certain documentation, timing and other requirements relating
the delivery under ICE Futures Abu Dhabi Murban Crude Oil Futures
Contracts (``Murban Crude Oil Futures Contracts'').
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.
[[Page 60666]]
(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 Part GG of its Delivery
Procedures to clarify certain delivery specifications relating to
Murban Crude Oil Futures Contracts. The proposed changes are intended
to reflect, and be consistent with, the relevant contract terms under
ICE Futures Abu Dhabi rules (and certain amendments being made
thereto). Specifically, as described in detail below, the proposed
amendments would be made to the following sections: (i) The delivery
timetable in paragraph 3, (ii) the delivery vessel nomination table in
paragraph 4, and (iii) the delivery documentation summary in paragraph
5. Other non-substantive typographical and similar corrections would
also be made.
Delivery Timetable
The process for Delivery Range Determinations would be amended to
provide a procedure in which a Buyer may request a change to the agreed
Delivery Range, subject to the approval of the Clearing House and the
Terminal Operator in their discretion by a specified time in advance of
the original and modified Delivery Ranges. Additionally, the changes
would clarify that the Terminal Operator may agree with the Buyer to
the early loading of Murban Crude Oil into the Buyer's Vessel provided
that any such early loading would not take place earlier than the first
Terminal Loading Day of the delivery month (in addition to the existing
requirement that early loading not take place earlier than 48 hours
prior to the first day of the agreed Delivery Range).
The proposed amendments would also provide that on the Document
Receipt Day, if the Seller is unable to provide the Clearing House
(with copy to the Buyer) by the required delivery time with certain
specified documentation, it would be required to provide a Letter of
Indemnity in favor of the Buyer and the Buyer would be required to make
payment against the Letter of Indemnity (instead of the Letter of
Indemnity being required only if the Buyer elected to make payment
against it). Further detail would be added regarding the Buyer's
ability to request that any such Letter of Indemnity be countersigned
by the Seller's bank, including providing a deadline by which the
request must be made. The request would also need to specify the
reasons for such request and may not be based on frivolous or vexatious
reasons. If no notification is received by the deadline, the Buyer
would be deemed to have agreed to make payment to the Clearing House
against the Letter of Indemnity regardless of whether it was
countersigned by a bank.
Further, the proposed amendments would provide that in the event
that the Buyer submits a valid request, the Seller would be required to
have the Letter of Indemnity countersigned by a bank with a credit
rating equal or greater than the minimum credit rating score as advised
by ICE Futures Abu Dhabi, unless the Buyer agrees to an alternative
bank and notifies the Clearing House by a specified deadline.
Delivery Vessel Nomination Table
The delivery vessel nomination table would be updated to provide
that nominations must be received on the fifth calendar day prior to
the first day of the Delivery Range (instead of the sixth calendar day
prior), consistent with the exchange rules.
Delivery Documentation Summary
With respect to the Delivery Confirmation Form, the proposed
amendments would remove as unnecessary a requirement that such form
include the tender(s) against which it is given. Conforming formatting
updates would also be made.
With respect to the Delivery Range Nomination Form, the proposed
amendments would add that the Buyer's unique reference would be
required to be included in such form. Conforming formatting updates
would also be made.
With respect to the Vessel Nomination Form, the proposed amendments
would add that documentary instructions (for example, a bill of lading
mark-up) would be required to be included in such form. Conforming
formatting updates would also be made.
(b) Statutory Basis
Section 17A(b)(3)(F) of the Act \5\ 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
changes to Part GG of the Delivery Procedures are designed to clarify
delivery procedures relating to Murban Crude Oil Futures Contracts and
ensure consistency with relevant exchange rules (including amendments
thereto). The amendments to Part GG would clarify and provide further
detail with the determination of delivery ranges, indemnity
requirements and certain other aspects as to the timing and
documentation required for delivery. The amendments do not otherwise
change the terms and conditions of Murban Crude Oil Futures Contracts,
and the contracts will continue to be cleared by ICE Clear Europe in
the same manner as they are currently. In ICE Clear Europe's view, the
amendments are thus consistent with the prompt and accurate clearance
and settlement of cleared contracts and the protection of investors and
the public interest. (ICE Clear Europe would not expect the amendments
to affect the safeguarding of securities and funds in ICE Clear
Europe's custody or control or for which it is responsible).
Accordingly, the amendments satisfy the requirements of Section
17A(b)(3)(F).\6\
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\5\ 15 U.S.C. 78q-1(b)(3)(F).
\6\ 15 U.S.C. 78q-1(b)(3)(F).
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In addition, Rule 17Ad-22(e)(10) \7\ 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 would clarify certain
delivery specifications for Murban Crude Oil Futures Contracts relating
to the determination of delivery ranges, certain indemnity
requirements, and certain other documentation and timing matters,
consistent with the requirements of the exchange. The amendments would
not otherwise change the manner in which the contracts are cleared or
in which delivery is made, as supported by ICE Clear Europe's existing
financial resources, risk management, systems and operational
arrangements. The amendments thus appropriately clarify the role and
responsibilities of the Clearing House and Clearing Members with
respect to physical delivery. As a result, ICE Clear Europe believes
the amendments are consistent with the requirements of Rule 17Ad-
22(e)(10).\8\
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\7\ 17 CFR 240.17Ad-22(e)(10).
\8\ 17 CFR 240.17Ad-22(e)(10).
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(B) Clearing Agency's Statement on Burden on Competition
ICE Clear Europe does not believe the proposed amendments would
have any
[[Page 60667]]
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to update and clarify the delivery specifications in
Part GG of the Delivery Procedures in connection with Murban Crude Oil
Futures Contracts, and will not otherwise affect the contract. ICE
Clear Europe does not expect that the proposed changes will adversely
affect access to clearing or the ability of Clearing Members, their
customers or other market participants to continue to clear contracts.
ICE Clear Europe also does not believe the amendments would materially
affect the cost of clearing or otherwise impact competition among
Clearing Members or other market participants or limit market
participants' choices for selecting clearing services. Accordingly, ICE
Clear Europe does not believe the amendments would impose any burden on
competition not necessary or 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 \9\ and paragraph (f) of Rule 19b-4 \10\
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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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>) or
Send an email to <a href="/cdn-cgi/l/email-protection#2c5e594049014f4341414942585f6c5f494f024b435a"><span class="__cf_email__" data-cfemail="cdbfb8a1a8e0aea2a0a0a8a3b9be8dbea8aee3aaa2bb">[email protected]</span></a>. Please include File Number
SR-ICEEU-2021-019 on the subject line.
Paper Comments
<bullet> 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-2021-019. 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 (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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 <a href="https://www.theice.com/clear-europe/regulation">https://www.theice.com/clear-europe/regulation</a>.
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-2021-019 and should be
submitted on or before November 24, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23919 Filed 11-2-21; 8:45 am]
BILLING CODE 8011-01-P
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