[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19743]


[[Page Unknown]]

[Federal Register: August 12, 1994]


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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-34500; International Series Release No. 397; File No. 
SR-Amex-94-20]

 

Self-Regulatory Organizations; American Stock Exchange, Inc.; 
Order Granting Accelerated Approval of a Proposed Rule Change and 
Amendment Nos. 2 and 3, and Filing and Order Granting Accelerated 
Approval of Amendment No. 4 to the Proposed Rule Change Relating to the 
Listing and Trading of Options on the Mexico Index

August 8, 1994.
    On June 3, 1994, the American Stock Exchange, Inc. (``Amex'' or 
``Exchange'') submitted to the Securities and Exchange Commission 
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the 
Securities and Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to list and trade options on the 
Mexico Index (``Mexico Index'' or ``Index''). On June 27, 1994, the 
Exchange filed Amendment No. 1 to the proposed rule change, the subject 
matter of which was superseded with the filing of Amendment No. 2 
(``Amendment No. 2''), which was filed on July 7, 1994.\3\ Amendment 
No. 1 was formally withdrawn on July 8, 1994.\4\ On July 11, 1994, the 
Exchange filed Amendment No. 3 (``Amendment No. 3'') to the proposed 
rule change to provide for certain standards to be used in conjunction 
with the maintenance of the Index, as described below.\5\ On July 12, 
1994, the Exchange filed Amendment No. 4 (``Amendment No 4'') to the 
proposed rule change to amend the applicable position limits from 
10,500 contracts to 7,500.\6\
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    \1\15 U.S.C. Sec. 78s(b)(1) (1988).
    \2\17 CFR Sec. 249.19b-4 (1991).
    \3\See Letter from Howard Baker, Senior Vice President, 
Derivative Securities, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated July 7, 1994. In the original 
proposal, the Amex sought approval for the listing of options based 
upon a Mexico Index that was capitalization-weighted and based upon 
shares of twenty Mexican stocks or American Depositary Receipts 
(``ADRs'') traded on the New York Stock Exchange, Amex or that were 
National Market securities. The Amex proposed that the Index be 
classified as a broad-based index. Amendment No. 2 supersedes the 
original proposal and Amendment No. 1.
    \4\See Letter from Howard A. Baker, Senior Vice President, 
Derivative Securities, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated July 8, 1994.
    \5\See Letter from Howard A. Baker, Senior Vice President, 
Derivative Securities, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated July 11, 1994.
    \6\See Letter from Claire McGrath, Managing Director and Special 
Counsel, Derivative Securities, Amex, to Michael Walinskas, 
Derivative Products Regulation, SEC, dated July 12, 1994.
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    Notice of the proposed rule change and Amendment Nos. 2 and 3 was 
published for comment and appeared in the Federal Register on July 15, 
1994.\7\ No comments were received on the proposal. This order approves 
the proposal and Amendment Nos. 2, 3 and 4.
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    \7\See Securities Exchange Act Release No. 34356 (July 12, 
1994), 59 FR 36235.
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I. Description of the Proposal

    The Amex has developed a new index called the Mexico Index, based 
entirely on the value of shares or related American Depositary Receipts 
(``ADRs'') of widely held Mexican companies traded on the NYSE, Amex, 
or that are National Market (``NM'') securities traded through the 
National Association of Securities Dealers Automated Quotation system 
(``NASDAQ''). The Index contains securities of highly-capitalized 
companies with major business interests in Mexico. The Exchange states 
that these companies have been drawn from a variety of industries, 
including construction, telecommunications, banking, shipping, tobacco, 
media, and food and beverage, to reflect the diversity of the Mexican 
market.

Index Calculation and Maintenance

    The Index is calculated using a ``modified'' equal dollar weighting 
methodology. In an attempt to more closely approximate the industry 
weightings within the Mexico stock market, the two highest capitalized 
components within the Index are given higher weightings, 24% and 12%, 
respectively, while the eight remaining Index components are weighted 
equally at 8%. Accordingly, as of the market close on June 17, 1994, a 
portfolio of ten Mexican component securities was established 
representing a hypothetical investment (rounded to the nearest whole 
share) of $24,000 in the largest capitalized component in the Index, 
$12,000 in the second largest, and $8,000 in each of the remaining 
Index components. The value of the Index equals the current market 
value (i.e., based on U.S. primary market prices) of the sum of the 
assigned number of shares of each of the Index components divided by 
the Index divisor. The Index divisor has been established to yield the 
benchmark value of 175.00 at the close of trading on July 22, 1994.\8\
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    \8\See Letter from Howard A. Baker, Senior Vice President, 
Derivative Securities, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated August 3, 1994. The Amex initially 
proposed to utilize a divisor calculated to yield the value of 
231.00 at the close of trading on June 17, 1994.
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    Each quarter thereafter, following the close of trading on the 
third Friday of March, June, September and December, the Index 
components will be ranked in descending market capitalization order and 
the Index portfolio adjusted by changing the number of whole shares of 
each component so that the largest capitalized Index component once 
again represents 24% of the Index value, the second largest component 
represents 12%, and each of the remaining components represent 8%. If 
the number of components in the Index increases to greater than ten, 
the Amex will continue to weight the two components with the highest 
market capitalizations 24% and 12%, respectively. The remaining 
components will then be weighted equally.\9\ For example, if two new 
components are added to the Index, the two securities with the highest 
market capitalizations will be assigned a 24% and 12% weighting, 
respectively, while the remaining ten Index components will be assigned 
a 6.4% weighting.
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    \9\See Amendment No. 3.
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    If it becomes necessary to remove an Index component, the exchange 
will either add an Index component having characteristics that will 
permit the Index to remain within the maintenance criteria specified in 
the Generic Narrow-Based Index Approval Order (and also contained in 
exchange Rule 901C),\10\ or will permit the Index to be calculated 
based upon the remaining components (but no fewer than nine) until the 
next quarterly rebalancing, at which time the Exchange will replace the 
component so that the Index will continue to have at least ten 
components.\11\ The Exchange has chosen to rebalance following the 
close of trading on the quarterly expiration cycle because it allows an 
option contract to be held for up to three months without a change in 
the Index portfolio. If necessary, a divisor adjustment is made at the 
rebalancing to ensure continuity of the Index's value. The newly 
adjusted portfolio becomes the basis for the Index's value on the first 
trading day following the quarterly adjustment.
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    \10\See Securities Exchange Act Release No. 34157 (June 3, 
1994), 59 FR 30062 (June 10, 1994) (``Generic Narrow Based Index 
Approval Order'').
    \11\See Amendment No. 3.
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    The Amex states that it has routine experience making regular 
quarterly adjustments to a number of its indexes and has not 
encountered investor confusion regarding the adjustments, since they 
are done on a regular basis and timely, proper, and adequate notice is 
given to market participants. Particularly, an information circular is 
distributed to all Exchange members notifying them of the quarterly 
changes. This circular is also sent by facsimile to the Exchange's 
contacts at the major options firms, mailed to recipients of the 
Exchange's options related information circulars, and made available to 
subscribers of the Options News Network. In addition, the Exchange will 
include in its promotional and marketing materials for the Index a 
description of the ``modified'' equal dollar weighting methodology.
    As noted above, the number of shares of each component in the Index 
portfolio remain fixed between quarterly reviews except in the event of 
certain types of corporate actions such as the payment of a dividend 
other than an ordinary cash dividend, a stock distribution, stock 
splits, reverse stock splits, rights offering distribution, 
reorganization, recapitalization, or similar event with respect to the 
Index component securities. In a merger or consolidation of an issuer 
of an Index component, if the component remains in the Index, the 
number of shares of that component in the Index portfolio may be 
adjusted, to the nearest whole share, to maintain the component's 
relative weight in the Index at the level immediately prior to the 
corporate action. Further, if the Exchange replaces an Index component 
at a time other than at a quarterly rebalancing, it will do so in the 
following manner: if one of the two highest weighted Index components 
is replaced, the Exchange will determined the weighting of the Index 
component being replaced and assign the same weighting to the newly 
added component. If one of the equally weighted Index components is 
replaced, the average dollar value of the remaining Index components 
within that tier will be calculated and the resulting figure used to 
determine the assigned Index portfolio shares, to the nearest whole 
share. In all cases, the divisor will be adjusted, if necessary, to 
ensure Index continuity, and the Index will be rebalanced at the next 
regularly scheduled rebalancing.\12\
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    \12\See Letter from Nathan Most, Senior Vice President, New 
Products Development, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated August 3, 1994, This Letter also 
withdraws that portion of Amendment No. 3 as it relates to the 
replacement of Index components.
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    The Amex will calculate and maintain the Index and, pursuant to 
Exchange Rule 901C(b), may at any time or from time to time substitute 
Index component securities, or adjust the number of components included 
in the Index, based on changing conditions in Mexico. However, the 
Exchange will not decrease the number of Index components to greater 
than nine or increase the number of components to greater than thirteen 
without prior Commission approval.\13\
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    \13\See Amendment No. 3.
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    The value of the Index will be calculated continuously and 
disseminated every 15 seconds over the Consolidated Tape Association's 
Network B.

Expiration and Settlement

    The Exchange proposes to trade cash-settled, European-style Index 
options (i.e., exercises are permitted at expiration only). The 
Exchange also proposes that Mexico Index options will have trading 
hours from 9:30 a.m. to 4:15 p.m. EST. As with other index options 
traded on the Amex, the options on the Index will expire on the 
Saturday following the third Friday of the expiration month 
(``Expiration Friday''). The last trading day in an option series will 
normally be the second to last business day preceding the Saturday 
following the third Friday of the expiration month (normally a 
Thursday). Trading in expiring options will cease at the close of 
trading on the last trading day.
    The Index value for purposes of settling a specific Mexico Index 
option will be calculated based upon the primary exchange regular way 
opening sale prices for the Index component securities. In the case of 
NM securities, the first reported sale price will be used. As trading 
begins in each of the Index's component securities, its opening sale 
price is used to calculate the Index settlement value. The Index 
settlement value can be determined once all of the components have 
opened. If any of the components do not open for trading on the last 
trading day before expiration, then the prior day's last sale price is 
used in the Index settlement value calculation.
    The Exchange plans to list options series with expirations in the 
three near-term calender months and in the two additional calendar 
months in the March cycle. In addition, longer term option series 
having up to thirty-six months to expiration may be traded. In lieu of 
such long-term options on a full-value Index level, the Exchange may 
instead list long-term, reduced-value put and call options based on 
one-tenth (1/10th) the Index's full-value. In either event, the 
interval between expiration months for either a full-value or reduced-
value long-term option will not be less than six months.

Eligibility and Maintenance Standards for Index Components

    The Exchange has represented that it will ensure that the Index 
initially and thereafter satisfies the initial listing and maintenance 
criteria set forth in the Generic Narrow-Based Index Approval Order. In 
choosing among Index component securities that meet the initial minimum 
criteria set forth in the Generic Narrow-Based Index Approval Order (as 
well as Exchange Rule 901C), the Exchange will select components that: 
(1) have a minimum market value of at least U.S. $75 million, except 
that for each of the lowest weighted component securities in the Index 
that in the aggregate account for no more than 10% of the weight of the 
Index, the market value may be at least $50 million; (2) have an 
average monthly trading volume in the U.S. markets over the previous 
six-month period of not less than one million shares (or ADRs) except 
that for each of the lowest weighted component securities in the Index 
that in the aggregate account for no more than 10% of the weight of the 
Index, the trading volume shall be at least 500,000 shares in each of 
the last six months; (3) have at least 90% of the numerical Index value 
and at least 80% of the total number of component securities meeting 
the current criteria for standardized option trading set forth in 
Exchange Rule 915; and (4) are reported securities that trade on either 
the NYSE, Amex (subject to the limitations of Rule 901C), or are NM 
securities. In addition, no individual stock in the Index may represent 
more than 25% of the Index weight (at the time of rebalancing) and the 
five highest weight stocks may not constitute more than 60% of the 
Index weight (at the time of rebalancing).
    The Amex will ensure that not more than 20% of the weight of the 
Index is represented by ADRs overlying foreign securities that are not 
subject to comprehensive surveillance sharing agreements.\14\ 
Currently, one component ADR, accounting for 8% of the Index value, has 
the majority of its trading volume occurring on the Bolsa Mexicana de 
Valores, an exchange with which the Amex does not currently have in 
place an effective information sharing agreement.
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    \14\See Amendment No. 3: Also, see infra note 23.
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    If the Index fails at any time to satisfy the maintenance criteria 
set forth in the Generic Narrow-Based Index Approval Order and Exchange 
Rule 901C, the Exchange will immediately notify the Commission of that 
fact and will not open for trading any additional series of options of 
the Index unless such failure is determined by the Exchange not to be 
significant and the Commission concurs in that determination, or unless 
the continued listing of options on the Mexico Index has been approved 
by the Commission under Section 19(b)(2) of the Exchange Act.\15\
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    \15\See Amendment No. 3.
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Exchange Rules Applicable to Stock Index Options

    Amex Rules 900C through 980C will apply to the trading of regular 
and long-term contracts based on the Index. These Rules cover issues as 
such as surveillance, exercise prices, and position limits. 
Surveillance procedures currently used to monitor trading in each of 
the Exchange's other index options will also be used to monitor trading 
in options on the Index. The Index is deemed to be a Stock Index option 
under Rule 901C(a) and a Stock Index Group under Rule 900C(b)(1). With 
respect to Rule 903C(b), the Exchange proposes to list near-the-money 
(i.e., within ten points above or below the current index value) 
options series on the Index at 2\1/2\ point strike (exercise) price 
intervals when the value of the Index is below 200 points. In addition, 
the Exchange proposes to establish, pursuant to Rule 904C(c), a 
position limit of 7,500 contracts on the same side of the market.\16\
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    \16\See Amendment No. 4.
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    The Exchange seeks to have the ability to utilize its Auto-Ex 
system for orders in the Index options of up to 50 contracts. Auto-Ex 
is the Exchange's automated execution system which provides for the 
automatic execution of market and marketable limit orders at the best 
bid or offer at the time the order is entered. The Amex believes the 
ability to use Auto-Ex for orders of up to 50 contracts will provide 
customers with deep, liquid markets as well as expeditious executions. 
The Amex represents that it has the necessary systems capacity to 
support new series that would result from the introduction of Mexico 
Index Options.\17\
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    \17\See Letter from Edward Cook, Jr., Managing Director, 
Information Technology, Amex, to Michael Walinskas, Derivative 
Products Regulation, SEC, dated July 8, 1994. Additionally, the 
Options Price Reporting Authority (``OPRA'') has stated that it has 
the necessary systems capacity to support those new series of index 
options that would result from the introduction of Index options and 
Index LEAPS. See Memorandum from Joe Corrigan, Executive Director, 
OPRA, to Charles Faurot, Managing Director, Market Data Services, 
Amex, dated July 8, 1994.
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II. Discussion

    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange and, in 
particular, the requirements of Section 6(b)(5).\18\ Specifically, the 
Commission finds that the trading of Mexico Index options, including 
full-value and reduced-value Index LEAPS, will serve to promote the 
public interest and help to remove impediments to a free and open 
securities market by providing investors with a means of hedging 
exposure to market risk associated with Mexican securities.\19\
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    \18\15 U.S.C. Sec. 78f(b)(5) (1988).
    \19\Pursuant to Section 6(b)(5) of the Act, the Commission must 
predicate approval of any new option proposal upon a finding that 
the introduction of such new derivative instrument is in the public 
interest. Such a finding would be difficult for a derivative 
instrument that served no hedging or other economic function, 
because any benefits that might be derived by market participants 
likely would be outweighted by the potential for manipulation, 
diminished public confidence in the integrity of the markets, and 
other valid regulatory concerns. In this regard, the trading of 
listed Index options and full-value Index LEAPS will provide 
investors with a hedging vehicle that should reflect the overall 
movement of Mexican stocks and ADRs in the U.S. securities markets. 
The Commission also believes that these Index options will provide 
investors with a means by which to make investment decisions 
regarding Mexican securities traded in the U.S. securities markets, 
allowing them to establish positions or increase existing positions 
in such markets in a cost effective manner. Moreover, the Commission 
believes that the reduced-value Index LEAPS, which will be traded on 
an index computed at one-tenth the value of the Mexico Index, will 
serve the needs of retail investors by providing them with the 
opportunity to use a long-term option to hedge their portfolios from 
long-term market moves, at a reduced cost.
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    The trading of options on the Mexico Index, including full-value 
and reduced-value Index LEAPS, however, raises several concerns, namely 
issues related to index design, customer protection, surveillance, and 
market impact. The Commission believes, for the reasons discussed 
below, that the Amex adequately has addressed these concerns.

A. Index Design and Structure

    The Commission finds that the Mexico Index is a narrow-based index. 
The Mexico Index is composed of only ten securities, all of which 
represent Mexico companies.\20\ Accordingly, in light of the limited 
number of components in the Index, the Commission believes it is proper 
to classify the Mexico Index as narrow-based and apply Amex's rules 
governing narrow-based index options to trading in the Index options.
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    \20\The reduced-value Mexico Index, which is composed of the 
same component securities as the Index and calculated by dividing 
the Index value by ten, is identical to the Mexico Index.
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    The Commission also finds that the large capitalizations, Liquid 
markets, and relative weightings of the Index's component securities 
significantly minimize the potential for manipulation of the Index. 
First, the overwhelming majority of the components that comprise the 
Index are actively traded, with an average daily trading volume for the 
period from November, 1993 through May, 1994, ranging from a high of 
430,000 shares per day to a low of 106,000 shares per day. Second, the 
market capitalizations of the securities in the Index are very large, 
ranging, during the same period, from a high of $31 billion to a low of 
$156.92 billion, with the mean and median being $6.77 billion and $1.94 
billion, respectively. Third, although the Index is only comprised of 
ten component securities, no one particular security or group of 
securities dominates the Index. Specifically, no one stock or ADR 
comprises more than 24 percent of the Index's total value and the 
percentage weighting of the five largest issues in the Index account 
for 60 percent of the Index's value. Fourth, at least 90 percent of the 
securities in the Index, by weight, and at least 80 percent of the 
number of components of the Index, must be eligible for standardized 
options trading. This proposed maintenance requirement will ensure that 
the Index is substantially comprised of options-eligible securities. 
Fifth, if the Amex increases the number of component securities to more 
than thirteen or decreases that number to less than nine, the Amex will 
be required to seek Commission approval pursuant to Section 19(b)(2) of 
the Act before listing new strike price or expiration month series of 
Mexico Index options and Index LEAPS. This will help protect against 
material changes in the composition and design of the Index that might 
adversely affect the Amex's obligations to protect investors and to 
maintain fair and orderly markets in Mexico Index options and Index 
LEAPS. Sixth, the Amex will be required to ensure that each component 
of the Index is subject to last sale reporting pursuant to Rule 11Aa3-1 
of the Act.\21\ This will further reduce the potential for manipulation 
of the value of the Index. Finally, the Commission believes that the 
expense of attempting to manipulate the value of the Mexico Index in 
any significant way through trading in component stocks, ADRs, or 
securities underlying ADRs (or options on those securities) coupled 
with, as discussed below, existing mechanisms to monitor trading 
activity in those securities, will help deter such illegal activity.
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    \21\ See Amendment No. 3.
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    Furthermore, the Commission notes that the Amex has agreed to apply 
the initial listing and maintenance standards set forth in the Generic 
Narrow Based Index Approval Order to the Index and Index options. These 
standards are reasonably designed to ensure the protection of investors 
and the public interest. Specifically, the Commission finds that the 
generic standards covering minimum capitalization, monthly trading 
volume, and relative weightings of component stocks are designed to 
ensure that the trading markets for component stocks are adequately 
capitalized and sufficiently liquid, and that no one stock or stock 
group dominates an Index. Thus, the Commission believes that the 
satisfaction of these requirements significantly minimizes the 
potential for manipulation of the Index.

B. Customer Protection

    The Commission believes that a regulatory system designed to 
protect public customers must be in place before the trading of 
sophisticated financial instruments, such as Mexico Index options 
(including full-value and reduced-value Mexico LEAPS), can commence on 
a national securities exchange. The Commission notes that the trading 
of standardized exchange-traded options occurs in an environment that 
is designed to ensure, among other things, that: (1) the special risks 
of options are disclosed to public customers; (2) only investors 
capable of evaluating and bearing the risks of options trading are 
engaged in such trading; and (3) special compliance procedures are 
applicable to options accounts. Accordingly, because the Index options 
and Index LEAPS will be subject to the same regulatory regime as the 
other standardized options currently traded on the Amex, the Commission 
believes that adequate safeguards are in place to ensure the protection 
of investors in Mexico Index options and full-value and reduced-value 
Mexico Index LEAPS.

C. Surveillance

    The Commission believes that a surveillance sharing agreement 
between an exchange proposing to list a security index derivative 
product and the exchange(s) trading the securities underlying the 
derivative product is an important measure for surveillance of the 
derivative and underlying securities markets. Such agreements ensure 
the availability of information necessary to detect and deter potential 
manipulations and other trading abuses, thereby making the security 
index product less readily susceptible to manipulation.\22\ In this 
regard, the Amex, NYSE, and NASD are all members of the ISG, which 
provides for the exchange of all necessary surveillance 
information.\23\ Further, as to present and future ADR components of 
the Index, either the Exchange will have comprehensive surveillance 
sharing agreements with the primary foreign markets for the securities 
underlying the ADRs or the U.S. will be the relevant market for 
surveillance purposes.\24\
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    \22\Securities Exchange Act Release No. 31243 (September 28, 
1992), 57 FR 45849 (October 5, 1992).
    \23\If the prices of the ADR components, or the composition of 
the Index, should change so that greater than 20% of the weight of 
the Index would be represented by ADRs whose underlying securities 
were not the subject of a comprehensive surveillance sharing 
agreement with the Amex, then it would be difficult for the 
Commission to reach the conclusions reached in this order and the 
Commission would have to determine whether it would be suitable for 
the Exchange to continue to trade options on this Index. The Amex 
should, accordingly, notify the Commission immediately if more than 
20% of the numerical value of the Index is represented by ADRs whose 
underlying securities are not subject to a comprehensive 
surveillance sharing agreement. Such a change in the current 
relative weights of the Index or in the composition of the Index may 
warrant the submission of a rule filing pursuant to Section 19 of 
the Act. In determining whether a particular ADR is subject to a 
comprehensive surveillance sharing agreement, see, e.g., Securities 
Exchange Act Release Nos. 31531 (November 27, 1992), 57 FR 57250 
(December 3, 1992); and 33554 (January 31, 1994), 59 FR 5622 
(February 7, 1994).
    \24\See Securities Exchange Act Release Nos. 31531 (November 27, 
1992), 57 FR 57250 (December 3, 1992); and 33554 (January 31, 1994), 
59 FR 5622 (February 7, 1994).
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D. Market Impact

    The Commission believes that the listing and trading of Mexico 
Index options, including full-value and reduced-value Index LEAPS, on 
the Amex will not adversely impact the underlying securities markets. 
First, as described above, for the most part, no one security or group 
of securities dominates the Index. Second, because at least 90% of the 
numerical value of the Index and at least 80% of the components of the 
Index must be accounted for by securities that meet the Exchange's 
options listing standards, and because each of the component securities 
must be subject to last sale reporting pursuant to Rule 11Aa3-1 of the 
Act,\25\ the component securities generally will be actively-traded, 
highly-capitalized securities. Third, the 7,500 contract position and 
exercise limits applicable to Index options and Index LEAPS will serve 
to minimize potential manipulation and market impact concerns.
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    \25\See Amendment No. 3.
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    The Commission believes that settling expiring Mexico Index options 
(including full-value and reduced-value Index LEAPS) based on the 
opening prices of component securities is consistent with the Act. As 
noted in other contexts, valuing options for exercise settlement on 
expiration based on opening prices rather than closing prices may help 
reduce adverse effects on markets for securities underlying options on 
the Index.\26\ Lastly, the Commission believes the ability to use Auto-
Ex for orders of up to 50 contracts will provide customers with liquid 
markets and efficient executions.
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    \26\See Securities Exchange Act Release No. 30944 (July 21, 
1992), 57 FR 33376 (July 28, 1992).
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    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange, and, in 
particular, the requirements of Section 6(b)(5).\27\ In particular, the 
Commission believes the proposal is consistent with the Section 6(b)(5) 
requirement that the rules of an exchange be designed to promote just 
and equitable principles of trade and not to permit unfair 
discrimination between customers, issuers, brokers, and dealers.
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    \27\15 U.S.C. Sec. 78f(b)(5) (1988).
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    The Commission finds good cause for approving the proposed rule 
change, as amended, and Amendment No. 4 to the Exchange's proposed rule 
change prior to the thirtieth day after the date of publication of 
notice of filing thereof in the Federal Register. Amendment No. 4 
clarifies that the Exchange will apply its current rules to determine 
applicable position limits for the Index options and, therefore, raises 
no new or unique regulatory issues. Furthermore, the Commission notes 
that the Amex did not realize the proposal would have been eligible for 
filing, pursuant to Section 19(b)(3)(A) of the Act, under the Generic 
Narrow Based Index Approval Order. Accordingly, because the 
effectiveness of the proposal was therefore delayed, in part, by 
confusion over the proper method under which to file, and considering 
the proposal has already been subject to a 21-day comment period, and 
no comments were received, the Commission believes it is consistent 
with Sections 19(b)(2) and 6(b)(5) of the Act to approve the proposed 
rule change, as amended, on an accelerated basis.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning Amendment No. 4. Persons making written 
submissions should file six copies thereof with the Secretary, 
Securities and Exchange Commission, 450 Fifth Street NW., Washington, 
DC 20549. 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 inspection and 
copying at the Commission's Public Reference Section, 450 Fifth Street 
NW., Washington, DC. Copies of such filing will also be available for 
inspection and copying at the principal office of the above-mentioned 
self-regulatory organization. All submissions should refer to the file 
number in the caption above and should be submitted by September 2, 
1994.
    It therefore is Ordered, pursuant to Section 19(b)(2) of the 
Act,\28\ that the proposed rule change, as amended, (SR-AMEX-94-20) is 
approved.

    \28\15 U.S.C. Sec. 78s(b)(2) (1988).
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    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\29\
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    \29\17 CFR Sec. 200.30-3(a)(12) (1993).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-19743 Filed 8-11-94; 8:45 am]
BILLING CODE 8010-01-M