Notice2021-27309
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
December 17, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71692-71694]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27309]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93764; File No. SR-ICEEU-2021-023]
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
December 13, 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 December 1, 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. ICC filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)(ii)
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)(ii).
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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 (``Delivery Procedures'' or
``Procedures'') to add a new Part N1 to address ICE Futures US
Emissions Futures Contracts which would be settled by delivery through
the account of the Clearing House with the relevant registry and to
make certain conforming changes elsewhere in the Delivery Procedures.
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 add a new Part N1 to the Delivery
Procedures as well as make certain conforming changes elsewhere in the
Delivery Procedures. Part N1 would apply to ICE Futures US Emissions
Futures Contracts (i) for which physical delivery is specified as being
``Applicable'' in the relevant Contract Terms, (ii) which go to
physical delivery on the expiry date; and (iii) to which the Clearing
House will announce by Circular that Part N1 specifically applies (such
contracts ``ICE Deliverable US Emissions Contracts''). These would
apply to all physically deliverable US emissions futures contracts that
are delivered via the Californian CITSS Registry.
Part N1 would provide that deliveries under ICE Deliverable US
Emissions Contracts are effected upon (i) in the case of the Seller
effecting delivery, the completion of the transfer of the relevant
Allowances from the relevant Registry Account of the Seller to the
relevant Registry Account of the Clearing House, and (ii) in the case
of the Buyer taking delivery, the completion of the transfer of the
relevant Allowances from the relevant Registry Account of the Clearing
House
[[Page 71693]]
to the relevant Registry Account of the Buyer. Such delivery would take
place during the Delivery Period for the relevant ICE Deliverable US
Emissions Contracts in accordance with the relevant Contract Terms, and
neither delivery by Seller nor receipt of delivery by Buyer would
require performance by the other to occur simultaneously.
The amendments would further specify certain details of the
delivery process and address certain responsibilities of the Clearing
House and relevant parties for delivery under ICE Deliverable US
Emissions Contracts. Delivery under an ICE Deliverable US Emissions
Contract would be based on Open Contract Positions after expiration of
the relevant Contract Set. The delivery process would occur over three
consecutive Business Days. The amendments would include a delivery
timetable with a detailed timeframe for relevant confirmations of
intent to deliver or receive, nominations of parties to delivery or
receive, delivery confirmations, invoicing, release of delivery margin
and sales proceeds following completion of delivery and other matters.
The amendments would also detail certain limitations of liability
for the Clearing House and ICE Futures US. Neither such party would be
liable as a result of the performance or non-performance of any
Registry or Registry Operator, any errors in the account details
entered into the relevant Registry systems or otherwise provided in
respect of a delivery, or for complying with the contractual
obligations owed to the Registry in respect of any registry account(s),
among other matters.
In addition, the amendments would also update Section 5.1 of the
Delivery Procedures to include the ICE Deliverable US Emissions
Contracts in the list of Clearing House contracts which, subject to
delivery obligations, would allow sellers and buyers to nominate
transferors and transferees, respectively, and to more clearly
distinguish emissions contracts subject to bilateral delivery under
existing Part N of the Delivery Procedures from those under the new
Part N1.
(b) Statutory Basis
ICE Clear Europe believes that the proposed amendments to the
Delivery Procedures are consistent with the requirements of Section 17A
of the Act \5\ and the regulations thereunder applicable to it. In
particular, 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
changes to the Delivery Procedures are designed to establish delivery
procedures relating to certain ICE Futures US Emissions Futures
Contracts under which delivery will be made through the Registry
Account of the Clearing House. The amendments would also set out the
role, responsibilities and liabilities of the Clearing House, Clearing
Members and designated transferors and transferees in the physical
delivery process, in line with Delivery Procedures for other types of
ICE Futures US Emissions Contracts. As a result, ICE Deliverable US
Emissions Contracts delivered through a Clearing House Registry Account
under Part N1, will be cleared by the Clearing House in the
substantially same manner as ICE Deliverable US Emissions Contracts
delivered bilaterally, with modifications to reflect the different mode
of delivery, and will be supported by ICE Clear Europe's existing F&O
financial resources, risk management, systems and operational
arrangements. Accordingly, ICE Clear Europe believes that its financial
resources, risk management, systems and operational arrangements are
sufficient to support clearing of 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, 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 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\)
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\5\ 15 U.S.C. 78q-1.
\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).
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In addition, Rule 17Ad-22(e)(10) \9\ provides that ``[e]ach covered
clearing agency shall establish, implement, maintain and enforce
written policies and procedures reasonable designed to, as applicable
[. . .] 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 establish a new set of procedures
applicable to the settlement of certain ICE Deliverable US Emissions
Contracts that are to be settled by delivery through the Clearing House
Registry Account. The procedures would address, among other matters,
delivery specifications for such contracts, limitation of liability for
the Clearing House and ICE Futures US in respect of the delivery of
such contracts, and certain other documentation and timing matters,
consistent with the requirements of the Clearing House. Clearance of
the ICE Deliverable US Emissions Contracts would otherwise be 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).\10\
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\9\ 17 CFR 240.17Ad-22(e)(10).
\10\ 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 impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
amendments to the Delivery Procedures are intended to establish a new
set of procedures applicable to the settlement of certain ICE Futures
US Emissions Futures Contracts under which delivery will be made
through the Registry Account of the Clearing House. 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 the new 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
[[Page 71694]]
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
<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
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#5624233a337b35393b3b333822251625333578313920"><span class="__cf_email__" data-cfemail="a4d6d1c8c189c7cbc9c9c1cad0d7e4d7c1c78ac3cbd2">[email protected]</span></a>. Please include
File Number SR-ICEEU-2021-023 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-2021-023. 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-2021-023 and should be
submitted on or before January 7, 2022.
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\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27309 Filed 12-16-21; 8:45 am]
BILLING CODE 8011-01-P
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