Notice2023-14814
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Amendment No. 2 to Proposed Rule Change, as Modified by Amendment No. 1, Relating to Amendments to the Clearing Rules
Primary source
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Published
July 12, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44418-44419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14814]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-97851; File No. SR-ICEEU-2023-010]
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Amendment No. 2 to Proposed Rule Change, as Modified by
Amendment No. 1, Relating to Amendments to the Clearing Rules
July 7, 2023.
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 April 21, 2023, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change to amend the ICE
Clear Europe Clearing Rules regarding the treatment of non-default
losses. On May 2, 2023, ICE Clear Europe filed Amendment No. 1 to the
proposed rule change.\3\ Notice of the proposed rule change, as
modified by Amendment No. 1, was published for comment in the Federal
Register on May 10, 2023.\4\ On June 21, 2023, the Commission
designated a longer period for Commission action on the proposed rule
change until August 8, 2023.\5\ On June 30, 2023, ICE Clear Europe
filed Amendment No. 2 to the proposed rule change.\6\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 1 and No. 2 (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\ Amendment No. 1 amended and restated in its entirety the
Form 19b-4 and Exhibit 1A in order to correct the narrative
description of the proposed rule change.
\4\ Self-Regulatory Organizations; ICE Clear Europe Limited;
Notice of Filing of Proposed Rule Change, as Modified by Amendment
No. 1, Relating to Amendments to the Clearing Rules, Exchange Act
Release No. 97429 (May 4, 2023); 88 FR 30187 (May 10, 2023) (SR-
ICEEU-2023-010).
\5\ Self-Regulatory Organizations; ICE Clear Europe Limited;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
Amendments to the Clearing Rules; Exchange Act Release No. 97780
(June 21, 2023), 88 FR 41711 (June 27, 2023) (File No. SR-ICEEU-
2023-010).
\6\ In Amendment No. 2, ICE Clear Europe provided additional
clarifications as to funds available to the Clearing House to be
applied in accordance with the Rules as proposed to be amended.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') submits this partial amendment (``Amendment No. 2'') to its
previously submitted proposed rule amendments, as amended by Amendment
No. 1 thereto (as so amended, the ``Prior Filing'') to its Clearing
Rules (the ``Rules'') \7\ to address more consistently the treatment of
certain losses that do not result from Clearing Member default,
including certain investment losses and custodial losses. Amendment No.
2 sets forth certain additional clarifications as to funds available to
the Clearing House to be applied in accordance with the Rules as
proposed to be amended.
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\7\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
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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 make certain additional changes to
the proposed amendments to the Rules as described in the Prior Filing.
In general, these changes would clarify that certain obligations of the
Clearing House to use funds would only apply to the extent that the
relevant assets are available to the Clearing House ``in cleared
funds.''
The proposed amendments to Rule 919(b) would be further revised to
state that the obligations in the subsection only apply to the extent
the relevant Loss Assets remain available to the Clearing House ``in
cleared funds'' and have not themselves been subject to an event
similar to a Custodial Loss, Investment Loss, Pledged Collateral Loss
or Title Transfer Collateral Loss.
Rule 919(h) (as described in the Prior Filing), which addresses the
allocation by the Clearing House of recoveries in respect of Investment
Losses, would be further modified to state that the Clearing House's
obligation to reimburse for recoveries only applies to the extent the
relevant assets remain available ``in cleared funds'' to the Clearing
House. Similarly, Rule 919(j), which provides for return of excess
Collateral Offset Obligations, would be further revised to clarify that
the obligation to return only applies to the extent the relevant
amounts remain available to the Clearing House ``in cleared funds.''
In Rule 919(p), a reference to ``Non-Default Loss'' would be
removed as the limitation on liability under Rule 919(p) does not apply
to Non-Default Losses.
In various other locations in the Rules, further clarifications
would be made that obligations of the Clearing House to return or
provide certain funds or property to Clearing Members apply only to the
extent such assets are received by and remain available to the Clearing
House in cleared funds and are not themselves subject to an event
similar to a Custodial Loss, Investment Loss, Pledged Collateral Loss
or Title Transfer Collateral Loss, reflecting the consequences of Rule
919. This includes Rules 301(f), 908(b)(iii), 908(c)(iii), 908(d)(iii),
908(g)(iii), 913(a)(iv), 914(j) and 916(n). The changes in this
Amendment No. 2 correct certain inconsistent drafting across these
provisions. In Rules 908(c)(iii), (d)(iii) and (g)(iii), a further
drafting clarification would be made that the relevant claims under any
default insurance policies (and not the received funds) arise as a
result of the Event of Default.
The proposed amendments to Rule 1103(e), which address the
potential situation where amounts received in respect of default
insurance may themselves be subject to losses similar to a Custodial
Loss, Investment Loss, Pledged Collateral Loss or Title Transfer
Collateral Loss, would be further revised to provide that application
of such amounts could only be made to the extent that such amounts
remain available to the Clearing House in cleared funds and such
amounts are not subject to an event similar to a Custodial Loss,
Investment Loss, Pledged Collateral Loss or Title Transfer Collateral
Loss.
The purpose of the proposed rule changes as set out in Item 3(a) of
the Prior Filing is otherwise unchanged.
(b) Statutory Basis
The description of the statutory basis for the amendments set forth
in the Prior Filing is unchanged.
(B) Clearing Agency's Statement on Burden on Competition
The statement on burden on competition in the Prior Filing is
unchanged.
[[Page 44419]]
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others
The statement on comments on the proposed rule change in the Prior
Filing is unchanged.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be 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:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>) or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#c3b1b6afa6eea0acaeaea6adb7b083b0a6a0eda4acb5"><span class="__cf_email__" data-cfemail="453730292068262a2828202b3136053620266b222a33">[email protected]</span></a>. Please include
file number SR-ICEEU-2023-010 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-2023-010. 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="https://www.sec.gov/rules/sro.shtml">https://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
a.m. and 3 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>. Do not include personal identifiable information in
submissions; you should submit only information that you wish to make
available 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-ICEEU-2023-
010 and should be submitted on or before August 2, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-14814 Filed 7-11-23; 8:45 am]
BILLING CODE 8011-01-P
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