CFTC Seeks Public Comment On Exemption Requests From ICE Clear U.S., Inc. And ICE Futures U.S. Involving Certain Coffee, Sugar, And Cocoa Swaps

The Commodity Futures Trading Commission (CFTC) is requesting public comment on two requests submitted by ICE Clear U.S., Inc. (ICE Clear), a registered derivatives clearing organization, and one request submitted by ICE Futures U.S. (ICE Futures), a designated contract market.

Specifically, ICE Clear is requesting that the Commission issue an order under Section 4(c) of the Commodity Exchange Act (CEA) that would permit qualified participants who enter into OTC swaps involving coffee, sugar, or cocoa to submit them to ICE Clear for clearing. ICE Clear is also requesting that the Commission issue an order under Section 4d that would permit ICE Clear and futures commission merchants clearing these contracts through ICE Clear to commingle customer funds used to margin, secure, or guarantee these contracts with other funds held in segregated accounts.

ICE Futures is requesting that the Commission issue an order under Section 4(c) of the CEA that would result in certain ICE Futures floor brokers and traders who trade those specified OTC swap transactions for their own accounts being considered Eligible Swap Participants.

Comments regarding the exemption requests should be submitted on or before Monday, January 7, 2008. Comments may be submitted electronically to secretary@cftc.gov, or by any other means listed in the attached Notice. All comments received will be posted on the Commission’s website.