October 4, 2011 MICHAEL M. PHILIPP Partner +1 (312) 558‐5905 Mr. David Stawick
[email protected] Secretary Commodity Futures Trading Commission Three Lafayette Centre 1155 21st Street, NW Washington, DC 20581 Re: ICE Clear Credit LLC – Request for Order Pursuant to Section 4d of the Commodity Exchange Act re: Commingling of Customer Funds and Portfolio Margining Dear Mr. Stawick: As counsel to ICE Clear Credit LLC (“ICE Clear Credit”), a registered derivatives clearing organization (“DCO”)1 and securities clearing agency (“CA”),2 we hereby petition the Commodity Futures Trading Commission (the “Commission” or “CFTC”) for an Order pursuant to Section 4d(f)(3)(B) of the Commodity Exchange Act, as amended (the “Act”), which would prescribe terms and conditions for ICE Clear Credit and clearing members3 of ICE Clear Credit (“Participants”) that are broker-dealers (“BDs”) registered under Section 15(b) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and that are also registered as futures commission merchants (“FCMs”) pursuant to Section 4f(a)(1) of the Act (such dually registered entities referred to herein as “BD/FCMs”) in connection with: (1) holding in a swap account4 customer5 money, securities and property (“customer funds”)6 used to margin, secure 1 The term “derivatives clearing organization” as used herein shall have the meaning ascribed to it in Section 1a(15) of the Act. DCO registration requirements and core principles are set forth in Section 5b of the Act. 2 The term “clearing agency” as used herein shall have the meaning ascribed to it in Section 3(a)(23) of the Exchange Act.