Notice # 01-186
June 1, 2001

TO:
All NYMEX Division and COMEX Division Clearing Members

FROM:
Neal L. Wolkoff, Executive Vice President

RE:
Implementation of Amendments on Use of Letters of Credit, Certain Securities 
and Deliverable Warehouse Receipts as Margin  for NYMEX and COMEX Transactions

DATE:
June 1, 2001
===========================================================

1. Implementation of Rule Amendments. As previously announced in Notice to 
Members #01-147 (May 4, 2001), this Notice is to remind NYMEX and COMEX 
Clearing Members of rule amendments that become effective today, June 1, 
2001, that expand the types of non-cash assets that customers may deposit 
with their Clearing Members for margin purposes.

2. Exchange Form for Pass-Through Letters of Credit. Clearing Members are 
further advised that a form has been prepared by the Exchange that will serve 
as the authorized  uniform form for irrevocable letters of credit for use on 
a pass-through basis at the Exchange.  This form may be obtained from the 
Exchange,s Clearing Department.

3. Exchange Form for Pass-Through Letters of Credit: Specification of Joint 
Beneficiary. The Pass-Through Letter of Credit differs from the Standard 
Letter of Credit in that the Pass-Through Letter of Credit provides for Joint 
Beneficiaries.  In this regard, a Pass-Through Letter of Credit to be used as 
margin on the NYMEX Division should specify NYMEX as one of the Joint 
Beneficiaries.  By comparison, a Pass-Through Letter of Credit to be used as 
margin on the COMEX Division should specify the COMEX Clearing Association as 
one of the Joint Beneficiaries.

4. Restriction on Issuers of Letters of Credit. Please note that, under  
applicable NYMEX and COMEX rules, a Clearing Member that is a bank subsidiary 
or is an affiliate of a bank may not deposit with the applicable Clearing 
House a letter of credit issued or confirmed by such bank, bank parent or 
affiliate bank.




As to the actual rule amendments, which are attached below, these rule 
changes permit the use of letters of credit, certain securities and 
deliverable warehouse receipts by customers to meet their margin 
requirements. The rule changes provide for consistent treatment in the use of 
such assets for both NYMEX and COMEX Divisions.

Letters of Credit.  As a result of the rule changes, letters of credit (LCs) 
now will be allowed for customer margin on both divisions.

Use of Letters of Credit on Pass-Through Basis.  In addition, the rule 
changes allow letters of credit to be used on a "pass-through" basis on both 
divisions.  In other words, Clearing Members on both divisions will be able 
to pledge to the applicable clearinghouse certain LCs posted by customers. It 
should be noted that while securities and deliverable warehouse receipts, as 
detailed below, may be used by customers for margin purposes, such assets may 
not be used on a pass-through basis by a Clearing Member to meet its margin 
obligations with the clearinghouse.

Securities. Customers also will be able to deposit with their Clearing 
Members certain types of securities as margin. The types of acceptable 
securities are the kinds of securities that have been accepted for some time 
on the COMEX Division.  Specifically, the rule changes will permit customers 
to deposit the following types of securities as margin with Clearing Members 
on either division:

securities listed for trading on the New York Stock Exchange, Inc. or the 
American Stock Exchange, Inc., or which are traded in the over-the-counter 
market approved for margin by the Board of Governors of the Federal Reserve 
Board except that such securities must be free from liens and encumbrances; 
can represent no more than 5% of the issued and outstanding shares of any one 
issuer; and will be valued for purposes of margin at 75% of their market 
value.

Deliverable Warehouse Receipts. On both divisions, deliverable warehouse 
receipts for any of the commodities traded on the Exchange will be accepted 
as customer margin provided that such receipts will be valued as margin at no 
more than 75% of the value of the commodity.

If you have any questions concerning this change, please contact Bernard 
Purta, Senior Vice President, Regulatory Affairs and Operations, at (212) 
299- 2380; Arthur McCoy, Vice President, Financial Surveillance Section, 
NYMEX Compliance Department, at (212) 299-2928; or Charles Bebel, Vice 
President, Clearing Department, at (212) 299-2130.


AMENDMENTS TO NYMEX RULE 4.01 ("CUSTOMER'S MARGINS"), NYMEX RULE 9.05 
("MARGINS") AND TO COMEX CLEARING ASSOCIATION RULE 48 ("DEPOSIT OF SECURITIES 
AND LETTERS OF CREDIT AS ORIGINAL MARGIN")

(Asterisks indicate additions; brackets indicate deletions.)

Rule 4.01. CUSTOMER'S MARGINS

(A) Initial margin at least equal to the level set for customers shall be 
required of all customers. In no case shall a customer's initial margin be 
less than a specified amount per contract, or a specified percentage of the 
market value at which any commodity is bought or sold, such customer's margin 
to be determined and announced by the Board of Directors or its designee.

 (B) Once the required initial margin has been deposited for each individual 
transaction, such trade and such margin shall, for the purposes of this rule, 
lose their individual identity and be commingled with all other trades and 
margins in the same commodity for the same customer account.

 (C) When the margin (Net Liquidating Value plus Non-Cash Deposits) in a 
customer's account declines below the maintenance margin requirement 
applicable to the open positions carried in such account, the Member Firm 
carrying said account is required to collect (call) from the customer such 
funds, which when deposited, will restore it to the then prevailing initial 
margin requirement.

 (D) A Member Firm shall not accept orders for new trades on behalf of an 
undermargined customer account other than those which reduce its initial 
margin requirement unless such Member Firm has been given assurances by said 
customer that funds sufficient to restore the account to its then prevailing 
initial margin requirement are forthcoming and will be received in a 
reasonable amount of time not to exceed one business day for Floor Members 
and three business days for all other customers.

(E)(1) A Member Firm may accept deposits from its customers in one or more of 
the following forms as margin to cover open NYMEX Division positions:

 (a) United States Currency; or any currency freely convertible to United 
States currency; provided that if foreign currency is deposited, its value 
shall be calculated so that at the current rate of exchange the U.S. dollar 
equivalent of the foreign currency satisfies the customer's margin obligation.

 (b) securities issued by the Department of the Treasury of the United States 
maturing within ten (10) years of the date of the deposit and guaranteed as 
to principal and interest by the United States Government. Such securities 
shall be valued at ninety five percent (95%) of par value.

*(c) securities which are listed for trading on the New York Stock Exchange, 
Inc. or the American Stock Exchange, Inc., or which are traded in the 
over-the-counter market approved for margin by the Board of Governors of the 
Federal Reserve Board provided that such securities; (i) are free from liens 
and encumbrances; (ii) represent no more than 5% of the issued and 
outstanding shares of any one issuer; and (iii) are valued at 75% of the 
market value thereof;

(d) a letter of credit in favor of a clearing member carrying an account, or 
in the case of any letter or credit to be used on a pass-through basis with 
the Clearing House a letter of credit in favor of the Exchange.  All letters 
of credit shall be issued in such form as may be prescribed by the Exchange 
and by a depository which has been approved by the Exchange for issuance and 
confirmation of letters of credit drawn in favor of the Clearing Members or 
in favor of the Exchange, as applicable.

(e) deliverable warehouse receipts for commodities traded on the Exchange 
provided that such receipts will be valued as margin at no more than 75% of 
the value of the commodity.*

[(c)] *(f)* The net liquidating value in a customer's account over the 
initial margin requirements for the positions carried for such account.

(2) A Member Firm may accept deposits from its customers in one or more of 
the following forms as margin to cover open COMEX Division positions:

(a) United States currency, checks payable in United States currency, or 
currency freely convertible to United States currency; provided that if 
foreign currency is deposited, its value shall be calculated so that at the 
current rate of exchange the U.S. dollar equivalent of the foreign currency 
satisfies the customer's margin obligations;

(b) the net liquidating value in a customer's account over the initial margin 
requirements for the positions carried for such account;

(c) securities issued or guaranteed by the United States, provided that such 
securities shall be valued at the lower of the par or market value thereof;

(d) securities which are listed for trading on the New York Stock Exchange, 
Inc. or the American Stock Exchange, Inc., or which are traded in the 
over-the-counter market approved for margin by the Board of Governors of the 
Federal Reserve Board provided that such securities; (i) are free from liens 
and encumbrances; (ii) represent no more than 5% of the issued and 
outstanding shares of any one issuer; and (iii) are valued at 75% of the 
market value thereof;

(e) *deliverable* warehouse receipts *for commodities traded on the Exchange 
provided that such receipts will be valued as margin at no more than 75% of 
the value of the commodity*; [provided that such warehouse receipts shall be 
valued in accordance with the following:

(i) if the warehouse receipt is for a deliverable grade of the commodity 
underlying either the futures contract sold or the futures contract which is 
the subject of the call options sold, not more than 90% of the value of the 
commodity may be considered as margin; and;

(ii) if the warehouse receipt is for a deliverable grade of the futures 
contract purchased or the put options sold, not more than 75% of the value of 
the commodity may be considered as margin; and;

(iii) if the warehouse receipt is for either: (A) deliverable grade of a 
commodity other than the commodity underlying the futures contract or option 
to be margined; or (B) a form of silver or gold not deliverable under a 
futures contract, then not more than 75% of the value of the warehouse 
receipt may be considered as margin.]

(f) physical commodities (but not forward contracts therefor) if the carrying 
member is in possession and control of negotiable documents covering such 
commodities, provided, however, that the value of such commodities shall be 
based upon the contract market price for the grade of such commodity or if 
the commodity is not of a grade deliverable on a contract market, then at the 
price for the grade of such commodity on the spot market;

(g) a letter of credit in favor of a clearing member carrying an account*, or 
in the case of any letter or credit to be used on a pass-through basis with 
the Clearing House a letter of credit in favor of the Exchange.  All letters 
of credit shall be* issued in such form as may be prescribed by the Exchange 
and by a depository which has been approved by the Exchange for issuance and 
confirmation of letters of credit drawn in favor of the Clearing Members *or 
in favor of the Exchange, as applicable.*

 (3) Calls issued by Member Firms for additional margin from customers may 
only be met by: deposits conforming to the requirements of Rule 4.01(E)(1) 
for open NYMEX Division positions, or conforming to the requirements of Rule 
4.01(E)(2) for open COMEX Division positions, or, for open positions on 
either division of the Exchange, favorable market movements which, when taken 
into consideration and combined with any other monies available, enable the 
customer's margin to equal or exceed the then prevailing initial margin 
requirement.

 (F) Withdrawals of margin from a customer's account may only be permitted by 
a Member Firm carrying such account if the remaining funds in such account 
are equal to or in excess of the then prevailing initial margin required of 
the applicable open positions at the time of said withdrawal request.

(G) The customer's response to a margin call issued by a Member Firm must be 
timely and complete. A Member Firm may call, at any time, for margins above 
and beyond the minimums required by the Exchange. A Member Firm may liquidate 
any or all positions maintained by a customer for failure to meet a margin 
call. The customer will be liable for any loss or deficiency resulting 
therefrom.

 (H) The margin requirements established by the Board or its designee may 
vary for different commodities and may be changed from time to time by the 
Board or its designee, and in the discretion of the Board or its designee, 
may be made applicable to all open trades as well as new trades.

 (I) Arbitrage

(1) For the purposes of Exchange margin requirements, an arbitrage position 
is a purchase or sale of an Exchange futures contract in one delivery month 
which futures contract is offset by a futures contract to sell or to purchase 
a similar quantity of a related commodity in the same or different delivery 
month which offsetting futures contract is executed on or subject to the 
rules of a different exchange. In order to qualify as an arbitrage position, 
each contract long and short must be carried by the same member firm for the 
same account.

(2) The Board of Directors, by resolution, may identify those futures 
contracts, that are executable on and/or subject to the rules of a different 
exchange, which shall be deemed to qualify as part of an arbitrage position.

(3) The Board of Directors or its designee may set levels of margin for 
arbitrage positions at a rate less than applicable to outright positions; 
provided, however, that except for interdivision straddles, no such rate 
shall be lower than the rates established for clearing members' margins.


Rule 9.05. MARGINS

* * * *
(E) Clearing Members may meet original margin calls by depositing:

(1) Cash (U.S. Currency);

(2) Original Margin Certificates issued by an original margin depository, in 
form acceptable to the Clearing House, for delivery to the order of the 
Clearing House, representing securities issued by the Department of Treasury 
of the United States of America maturing within ten (10) years from the date 
of the deposit and guaranteed as to principal and interest by the United 
States Government; such securities shall be valued at ninety five percent 
(95%) of the par value; or

(3) Subject to a maximum limit of 50% of the Clearing Member's total original 
margin obligations, Irrevocable Letters of Credit payable to the order of the 
Clearing House *including such Letters of Credit that are deposited with the 
Clearing Member in accordance with Exchange procedures by a customer*, in 
form acceptable to the Clearing House, issued by or confirmed by an original 
margin depository and having an expiration date of not less than three (3) or 
more than eighteen (18) months from the date of issuance; provided, however, 
that such Letter of Credit may not be used to meet original margin 
obligations during the fifteen calendar days prior to the expiration date 
thereof (if the fifteenth day prior to the expiration of the Letter of Credit 
is not a business day, the period during which such Letter of Credit may not 
be used to meet original margin obligations shall begin on the business day 
immediately preceding that day); and, provided further, that on the business 
d!
ay!
!
 preceding the fifteenth calendar day prior to the expiration of the Letter 
of Credit, the Clearing House shall issue a call for original margin to be 
deposited in a form and manner acceptable to the Clearing House for positions 
held open as of the close of business on that day and margined by the Letter 
of Credit. The Clearing House shall have the unqualified right to call on any 
Letter of Credit at any time prior to expiration.

CCA Rule 48. DEPOSIT OF SECURITIES AND LETTERS OF CREDIT A ORIGINAL MARGIN

* * * *
(b) Irrevocable Letters of Credit.

(i) The Corporation will accept as original margin for the full face amount 
thereof a letter of credit in favor of the Corporation issued by any 
institution selected by the depositor *including such Letters of Credit in 
favor of the Corporation that are deposited with the Clearing Member in 
accordance with Exchange procedures by a customer*, provided that

(A) such  institution has been approved by the Board as an approved 
depository or such institution is organized under the laws of the United 
States or the laws of any state and the letter of credit issued by such 
institution has been confirmed by an approved depository;
(B) that the aggregate amount of letters of credit which may be accepted at 
any time from any one approved depository, or for the account of any one 
Clearing Member may be limited by the Board from time to time;
(C) that a letter of credit issued on behalf of a Clearing Member by an 
institution which is an affiliated firm of such Clearing Member must be 
confirmed by an institution which is not an affiliated firm of such Clearing 
Member; and
(D) such letter of credit shall be in form and substance approved by the 
Board and shall be in such denominations as may be determined by the Board 
from time to time; shall be irrevocable, shall be available to be drawn upon 
by the Corporation by  a clean sight draft(s) or written demand(s) and shall 
run for a period of not less than ninety (90) days from the date of issue.



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