An American clearing house has been cleared to clear credit default swaps on eight more sovereigns, and the new names run from Costa Rica to Angola to Pakistan
Ecuador, Guatemala, El Salvador, Uruguay, Costa Rica, Kenya, Angola, Pakistan.
Those are the eight governments whose single name credit default swaps ICE Clear Credit LLC may now clear, under an order the Securities and Exchange Commission signed on 29 July and filed for public inspection on Friday. The clearing house filed for the change on 12 May. Notice went out nine days later, comments came in, and the Commission has approved it.
Seven of the eight arrive as Standard Emerging Market Sovereign Single Name contracts, added to the list of eligible reference entities in Rule 26D-102 of the clearing rules. Pakistan arrives separately, as an Asia/Pacific Sovereign Single Name contract under Rule 26E-102.
Nothing changes underneath
The order is explicit that the clearing house is taking on these contracts with the apparatus it already has. The terms are consistent with the other contracts ICC clears, and ICC will rely on its existing risk management framework and other policies and procedures without making any changes.
That is the sentence a risk committee would read first.
What the Commission found
Approval rests on Section 17A(b)(3)(F) of the Securities Exchange Act, which requires a clearing agency's rules to be designed to promote prompt and accurate clearance and settlement, and on Rules 17Ad-22(e)(1) and 17Ad-22(e)(4)(ii), which go to legal basis and to credit risk. The Commission records that it considered the comment letters it received and that it weighed the proposal against efficiency, competition and capital formation.
It also recites, at some length, that the burden of demonstrating consistency sits with the clearing house rather than the regulator, and that unquestioning reliance on an applicant's own representations does not justify approval. The authority cited for that is a 2017 decision of the D.C. Circuit.
What the document does not contain
No volume figure. No notional outstanding, no margin number, no open interest, and no clearing participant named.
The order does not say how many comment letters arrived or what they argued. It sets no start date for clearing the new names, and it says nothing whatever about the finances of any of the eight sovereigns.