[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31571-31575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10472]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97489; File No. SR-ICC-2023-003]


Self-Regulatory Organizations; ICE Clear Credit LLC; Order 
Approving Proposed Rule Change Relating to British Pounds Sterling as 
Client-Related Margin

May 11, 2023.

I. Introduction

    On March 13, 2023, ICE Clear Credit LLC (``ICC'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
section 19(b)(2) of the Securities Exchange Act of 1934 (the ``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to accept 
British Pounds Sterling in satisfaction of client-related margin 
requirements. The proposed rule change was published for comment in the 
Federal Register on March 30, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice 
of Filing of Proposed Rule Change Relating to British Pounds 
Sterling as Client-Related Margin; Exchange Act Release No. 97196 
(March 24, 2023), 88 FR 19183 (March 30, 2023) (File No. SR-ICC-
2023-003) (``Notice'').
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II. Description of the Proposed Rule Change

A. Background

    ICC is registered with the Commission as a clearing agency for the 
purpose of clearing CDS contracts. ICC requires that its Clearing 
Participants post margin to collateralize their credit exposure to ICC, 
based on the size and risk of their cleared positions. On a daily 
basis, ICC determines margin requirements (i) for a Clearing 
Participant's own cleared positions (referred to as ``house'' 
positions) and (ii) for the cleared positions of its clients.
    The proposed rule change relates to the second category, margin 
requirements for the cleared positions of clients. Specifically, the 
proposed rule change would allow Clearing Participants to use cash 
British pounds sterling (``GBP'') to satisfy client-related margin 
requirements. Currently, a Clearing Participant may meet client-related 
margin requirements with US dollars, Euros, or US Treasuries. ICC 
previously accepted GBP in satisfaction of client-related margin 
requirements, but it revoked that option in 2017.\4\ ICC did so because 
no Clearing Participants posted GBP at that time, and ICC considered 
GBP a less liquid resource due to the potential need to convert it to 
either US dollars or Euros.
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    \4\ See Securities Exchange Act Release No. 81037 (June 28, 
2017), 82 FR 31121 (July 5, 2017) (SR-ICC-2017-010) (notice). The 
Commission subsequently approved ICC's proposal to remove the 
eligibility of GBP cash (as well as certain other currencies) as 
acceptable collateral. See Securities Exchange Act Release No. 81386 
(Aug. 14, 2017), 82 FR 39484 (Aug. 18, 2017) (SR-ICC-2017-010).
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    ICC has decided to once again accept GBP in satisfaction of client-
related margin requirements. ICC is doing so in response to feedback 
from customers. Several UK and EU market participants have asked ICC 
for the ability to post GBP in addition to the asset types currently 
accepted by ICC.
    In addition to satisfying the request of these customers, ICC 
believes that accepting GBP would overall better serve other UK and EU-
based market participants. Such participants may be seeking an 
alternative CDS clearing service, given that ICE Clear Europe is 
intending to close its UK-based CDS clearing service in October of this 
year.\5\
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    \5\ See Circular C22/109 Cessation of clearing of CDS Contracts: 
Postponement of Withdrawal Date, available at https://www.ice.com/publicdocs/clear_europe/circulars/C22109.pdf.
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    To carry out this change, ICC would amend the ICE Clear Credit 
Rulebook (``ICC Rules'') and the ICE Clear Credit Treasury Operations 
Policies & Procedures (``Treasury Policy''), as described in detail 
below.\6\
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    \6\ Capitalized terms not otherwise defined herein have the 
meanings provided to them in the Rules or Treasury Policy, as 
applicable.
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B. ICC Rules

    Currently, Schedule 401 of the ICC Rules sets out the collateral 
that ICC accepts to satisfy client-related margin requirements. 
Schedule 401 describes this collateral in terms of the CDS contract for 
which the margin is required. Specifically, Schedule 401 categorizes 
the collateral as that which ICC accepts for client-related US-dollar 
denominated products and client-related Euro denominated products.\7\ 
For each of those products, Schedule 401 requires that a Clearing 
Participant meet a certain percentage of the relevant margin 
requirement in particular collateral. Below is what Schedule 401 
currently provides for client-related margin.
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    \7\ Currently, ICC only clears US-dollar denominated and Euro 
denominated products, and the proposed rule change would not alter 
this.
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Client-Related Initial Margin Liquidity Requirements
Client-Related US Dollar Denominated Product Requirement

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                                 Asset Type                                                       Minimum Percentage of Requirement
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US Dollar Denominated Assets                                                 65%
(US Cash and/or US Treasuries)
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All Eligible Collateral                                                      +35% (for a total of 100%)
(US Cash, Euro Cash, and/or US Treasuries)
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[[Page 31572]]

Client-Related Euro Denominated Product Requirement

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                                 Asset Type                                                       Minimum Percentage of Requirement
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All Eligible Collateral                                                      100%
(US Cash, Euro Cash, and/or US Treasuries)
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    The proposed rule change would update Schedule 401 by adding GBP to 
the list of ``all eligible collateral.'' In addition, ICC would modify 
the client-related margin requirements set forth in Schedule 401 of the 
ICC Rules as follows. For US dollar denominated products, ICC would 
change (i) the percentage of the requirement that must be met in US 
dollars and US Treasuries from 65% to 45% and (ii) the percentage that 
may be met in any eligible collateral (US dollars, Euros, GBP, and US 
Treasuries) from 35% to 55%. For Euro denominated products, ICC would 
change (i) the minimum percentage of the requirement that must be met 
in US dollars, Euros, or US Treasuries from 100% to 45% and (ii) add a 
new category that permits the remaining 55% of the requirement to be 
met in any eligible collateral (US dollars, Euros, GBP, and US 
Treasuries).
Client-Related Initial Margin Liquidity Requirements (as Amended)
Client-Related US Dollar Denominated Product Requirement
[GRAPHIC] [TIFF OMITTED] TN17MY23.000

Client-Related Euro Denominated Product Requirement
[GRAPHIC] [TIFF OMITTED] TN17MY23.001

    Thus, ICC would amend Schedule 401 of the ICC Rules to add GBP as 
Eligible Collateral for client-related margin requirements and modify 
the percentages for both US-dollar denominated products and Euro 
denominated products. With respect to these changes in particular, the 
Commission notes that ICC would accept a smaller percentage of US 
dollars for a client-related margin requirement relating to a US-dollar 
denominated product than it does currently (65% versus 45%). Similarly, 
ICC would accept a smaller percentage of US dollars/Euro/Treasuries for 
a client-related margin requirement relating to a US-dollar denominated 
product than it does currently (100% versus 45%). Because ICC does not 
treat any collateral posted for clients as a liquidity resource 
available in the event of a default, the Commission does not believe 
that the changes in percentages or acceptance of GBP will affect ICC's 
liquidity resources.\8\ Moreover, as ICC explained, the proposed 
modified thresholds reflect the fact that only the first-day liquidity 
needs (measured as 45% of requirements) must be met in a form of 
collateral for which ICC maintains committed repurchase agreements and 
committed FX facilities.\9\ The remaining 55% can be met with any type 
of accepted collateral. The Commission therefore believes that with the 
proposed modified thresholds,

[[Page 31573]]

ICC continues to maintain a conservative approach by directly requiring 
that client-related first-day liquidity needs (i.e., 45% of Initial 
Margin requirements) are met in the forms of permitted collateral for 
which either collateral transformations are not necessary, or committed 
agreements are in place to provide all necessary immediate liquidity.
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    \8\ As explained in its Liquidity Risk Management Framework, ICC 
only uses client margin deposits in case of a client default, and 
when ICC conducts stress testing of its liquidity resources, it 
assumes that no client margin deposits are available.
    \9\ Notice, 88 FR at 19184.
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C. Treasury Policy

    The overall purpose of the ICC Treasury Policy is to articulate the 
policies and procedures used by the ICC Treasury Department. ICC's 
Treasury manages ICC's cash and collateral, including the assets that 
Clearing Participants transfer to ICC to satisfy client-related margin 
requirements. The Treasury Policy therefore would apply to GBP provided 
by Clearing Participants to satisfy client-related margin requirements. 
Accordingly, ICC would modify the Treasury Policy to incorporate GBP, 
as discussed below.
i. Section III, Funds Management
    ICC first would modify Section III of the Policy, which concerns 
ICC's funds management. Section III explains the types of funds in 
which ICC's Treasury invests cash and collateral and ICC's overall 
strategy with respect to such investments. For example, with respect to 
Euros posted by Clearing Participants, Section III currently provides 
that Treasury may, among other things, hold such cash in bank deposits 
or allocate it to outside investment managers. The proposed rule change 
would add to Section III a similar explanation of ICC's strategy with 
respect to cash posted by Clearing Participants in GBP that is Client 
Margin. With respect to those funds, ICC would not invest such GBP but 
would instead hold it in bank deposits.
ii. Section IV, Cash Management
    ICC next would update Section IV of the Policy, which explains how 
ICC moves and transfers cash in the conduct of its business. Section 
IV, among other things, describes how ICC monitors the daily collection 
of margin to ensure the timely receipt of payment for settlement, 
including the deadlines for the collection of margin and for the 
withdrawal or substitution of collateral. Currently, ICC requires that 
Clearing Participants notify it of withdrawals or substitutions 
involving Euros by 9:00 a.m. ET. The proposed rule change would not 
alter this deadline, but it would add GBP to the existing 9:00 a.m. ET 
deadline. Thus, under the proposed rule change, Clearing Participants 
would be required to notify ICC of withdrawals or substitutions 
involving Euro cash and GBP collateral by 9:00 a.m. ET.
iii. Section V, Collateral Valuation
    ICC also would update Section V of the Policy, which explains the 
type of assets that ICC accepts as collateral and how ICC custodies 
Clearing Participants' collateral. With respect to the assets that ICC 
accepts as collateral, Section V of the Policy explains that Clearing 
Participants are generally required to post assets as collateral that 
meet ICC's standards for acceptable collateral. Section V also lists 
the assets that ICC considers to be acceptable collateral. Currently, 
as discussed above, ICC accepts US dollars, Euros, and US Treasuries. 
The proposed rule change would add GBP to this list, with the caveat 
that ICC accepts it as collateral for client positions only (as opposed 
to Clearing Participants' house positions).
    With respect to the assets that ICC accepts as collateral, ICC 
prices those assets to determine their value (and therefore how much of 
the margin requirement those assets satisfy). ICC also discounts the 
value of the collateral to account for market risks and currency risks 
(a process known as haircutting). Section V describes ICC's process for 
valuing each of the types of collateral that it accepts. The proposed 
rule change would update this valuation process to include GBP. The 
process for valuing GBP would be as follows.
    ICC would first convert the value of the GBP to an amount in US 
dollars. ICC would then reduce this US-dollar value using the currency 
haircut it has established for GBP. ICC would then apply this reduced 
value to determine how much of the margin requirement the GBP 
collateral satisfies.
    If the GBP is being used to satisfy a margin requirement for a 
Euro-denominated product, ICC would take one additional step. Margin 
requirements for Euro-denominated products are expressed in Euros. 
Thus, to determine how much of this margin requirement the GBP 
collateral satisfies, ICC would convert the Euro margin requirement to 
a US-dollar value. This is needed because, as discussed above, ICC 
would convert the value of the GBP collateral to US dollars. In 
converting the Euro margin requirement to a US-dollar value, ICC would 
increase the value by the currency haircut it has established for Euro. 
ICC would take this additional step because, as a default, ICC's 
treasury system would have already haircut the Euro value in converting 
it to US dollars. Thus, increasing the value by the haircut ensures 
that, when determining how much of the margin requirement the GBP 
collateral satisfies, ICC is considering the full amount of the margin 
requirement (rather than only the amount post-haircut).
iv. Section VI, Treasury Management for Client Business
    Finally, the proposed rule change would update Section VI of the 
Policy. Section VI specifically describes how ICC manages margin 
requirements associated with client trades. Among other things, Section 
VI describes the types of collateral that ICC accepts to satisfy a 
client-related margin requirement. Currently, Section VI lists US 
dollars, Euros, and US government securities as collateral eligible for 
client margin, and explains that these assets are in line with the 
current eligible collateral for house-related margin requirements. The 
proposed rule change would add GBP to this list, and also would delete 
the explanation that these assets are in line with the current eligible 
collateral for House margin. This particular explanation would no 
longer be correct, given that ICC would accept GBP for client-related 
margin requirements but not for house-related margin requirements.
    Section VI of the Policy also explains the percentages of these 
assets that a Clearing Participant can use to satisfy a particular 
client-related margin requirement. This information mirrors Schedule 
401 of ICC's rules, discussed above. Thus, the proposed rule change 
would amend this description to match the revisions to Schedule 401 
described above. For a client-related margin requirement relating to a 
US-dollar denominated product, a Clearing Participant would be required 
to meet (i) 45% of the requirement with US dollars and/or US Treasuries 
and (ii) the remaining 55% with US dollars, Euros, US Treasuries, and/
or GBP. For a client-related margin requirement relating to a Euro 
denominated product, a Clearing Participant would be required to meet 
(i) 45% of the requirement with US dollars, Euros, and/or US Treasuries 
and (ii) the remaining 55% with US dollars, Euros, US Treasuries, and/
or GBP.
    With respect to these changes in particular, the Commission notes 
that ICC would accept a smaller percentage of US dollars/Treasuries for 
a client-related margin requirement relating to a US-dollar denominated 
product than it does currently (65% versus 45%). Similarly, ICC would 
accept a smaller percentage of US dollars/Euros/Treasuries for a 
client-related margin requirement relating to a Euro denominated 
product than it does

[[Page 31574]]

currently (100% versus 45%). Because ICC does not treat any collateral 
posted for clients as a liquidity resource available in the event of a 
default, the Commission does not believe that the changes in 
percentages or acceptance of GBP will affect ICC's liquidity 
resources.\10\ Moreover, as discussed above, the Commission believes 
that with the proposed modified thresholds, ICC would continue to 
maintain a conservative approach by directly requiring that client-
related first-day liquidity needs (i.e., 45% of Initial Margin 
requirements) are met in the forms of permitted collateral for which 
either collateral transformations are not necessary, or committed 
agreements are in place to provide all necessary immediate liquidity.
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    \10\ As explained in its Liquidity Risk Management Framework, 
ICC only uses client margin deposits in case of a client default, 
and when ICC conducts stress testing of its liquidity resources, it 
assumes that no client margin deposits are available.
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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.\11\ For the reasons discussed below, the Commission finds 
that the proposed rule change is consistent with section 17A(b)(3)(F) 
\12\ of the Act and Rule 17Ad-22(e)(5) \13\ thereunder.
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    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
    \13\ 17 CFR 240.17Ad-22(e)(5).
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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 ICC be designed to promote the prompt and accurate 
clearance and settlement of securities transactions.\14\ Based on its 
review of the record, and for the reasons discussed below, the 
Commission believes the proposed changes to ICC's Rules and the 
Treasury Policy are consistent with the promotion of the prompt and 
accurate clearance and settlement of securities transactions.
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    \14\ 15 U.S.C. 78q-1(b)(3)(F).
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    As discussed above, the proposed revisions to the ICC Rules and 
Treasury Policy would allow Clearing Participants to post GBP to 
satisfy client-related margin requirements. The Commission believes 
that these changes, by expanding the collateral that clients could 
provide to Clearing Participants to satisfy margin requirements, would 
encourage clients to clear their positions at ICC. The Commission 
believes this could be especially true for clients that are based in 
the UK or otherwise have reserves of GBP. Thus, the Commission believes 
this aspect of the proposed rule change would promote the prompt and 
accurate clearance and settlement of securities transactions among 
clients.
    Moreover, as noted above, ICC requires that Clearing Participants 
satisfy a certain percentage of a client-related margin requirement in 
US dollars and/or Euros, as applicable. The proposed rule change would 
lower the minimum percentage that a Clearing Participant must meet in 
US dollars and/or Euros. The proposed rule change also would allow 
Clearing Participants to use GBP to satisfy the non-US dollar/Euros 
portion. Again, the Commission believes these changes would encourage 
clients to clear transactions at ICC, especially those who may have 
reserves of GBP. The Commission further believes that doing so would 
not materially affect ICC's available liquidity resources in case of a 
default because, consistent with its current practice, ICC would not 
treat the GBP posted to satisfy a client's margin requirement as a 
liquidity resource available in the event of a default. As discussed 
above, ICC only uses client margin deposits in case of a client 
default, and when ICC conducts stress testing of its liquidity 
resources, it assumes that no client margin deposits are available. 
Moreover, as discussed above, ICC would continue to maintain a 
conservative approach by directly requiring that client-related first-
day liquidity needs (i.e., 45% of Initial Margin requirements) are met 
in the forms of permitted collateral for which either collateral 
transformations are not necessary, or committed agreements are in place 
to provide all necessary immediate liquidity.
    The Commission therefore finds that the proposed revisions to the 
ICC Rules and Treasury Policy are designed to promote the prompt and 
accurate settlement of securities transactions, derivatives agreements, 
contracts, and transactions for which ICC is responsible, consistent 
with section 17A(b)(3)(F) of the Exchange Act.\15\
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    \15\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Consistency With Rule 17Ad-22(e)(5) Under the Act

    Rule 17Ad-22(e)(5) requires that ICC, among other things, 
establish, implement, maintain and enforce written policies and 
procedures reasonably designed to limit the assets it accepts as 
collateral to those with low credit, liquidity, and market risks, and 
set and enforce appropriately conservative haircuts and concentration 
limits.\16\ As discussed above, the proposed rule change would allow 
Clearing Participants to use GBP to satisfy client-related margin 
requirements. The proposed rule change also would lower the minimum 
percentage of a client-related margin requirement that a Clearing 
Participant must meet in US dollars and/or Euros. The proposed rule 
change would not alter ICC's current collateral haircuts or 
concentration limits. Indeed, as discussed above, ICC would convert the 
GBP posted as collateral to a US dollar value and then reduce the US 
dollar value using the GBP currency haircut.
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    \16\ 17 CFR 240.17Ad-22(e)(5).
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    Moreover, consistent with its current practice, ICC would not treat 
the GBP posted to satisfy a client's margin requirement as a liquidity 
resource available in the event of a Clearing Participant's default. 
ICC only uses client margin deposits in case of a client default, and 
when ICC conducts stress testing of its liquidity resources, it assumes 
that no client margin deposits are available.
    For these reasons, the Commission believes that ICC would continue 
to limit the assets it accepts as collateral to those with low credit, 
liquidity, and market risks, and set and enforce appropriately 
conservative haircuts and concentration limits while accepting GBP as 
collateral, consistent with Rule 17Ad-22(e)(5).\17\
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    \17\ 17 CFR 240.17Ad-22(e)(5).
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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 section 17A(b)(3)(F) \18\ of the Act and Rule 
17Ad-22(e)(5) \19\ thereunder.
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    \18\ 15 U.S.C. 78q-1(b)(3)(F).
    \19\ 17 CFR 240.17Ad-22(e)(5).
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    It is therefore ordered pursuant to section 19(b)(2) of the Act 
\20\ that the proposed rule change (SR-ICC-2023-003), be, and hereby 
is, approved.\21\
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    \20\ 15 U.S.C. 78s(b)(2).
    \21\ 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).


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10472 Filed 5-16-23; 8:45 am]
BILLING CODE 8011-01-P