Subject: Comments on SR-OCC-2024-001 34-99393
From: Florent C
Affiliation:

Feb. 3, 2024

Dear SEC,

I am writing to express profound concerns regarding the proposed rule
change outlined in document SR-OCC-2024-001, which aims to adjust
parameters for calculating margin requirements during periods of high
market volatility. The proposed amendments have prompted apprehensions
within the financial community due to their potential implications for
market stability, the lack of transparency in redacted materials, and
the inherent conflict of interest associated with the role of the
Financial Risk Management (FRM) Officer.

The proposal, as it stands, signals a move towards relaxed margin
requirements, which I believe is deeply concerning given the current
market dynamics and risks. Instead of easing regulatory measures, the
circumstances demand that margin requirements be strengthened to ensure
robust risk management practices across the financial sector. This
critical perspective is pivotal in safeguarding the integrity and
resilience of our markets.

The reasons for my opposition to this rule are multifaceted and merit
careful consideration. Firstly, the redacted details within the proposal
hinder meaningful public review and comment, which are essential
components of the regulatory process. Transparency is paramount in
ensuring the integrity and fairness of regulatory decisions, and the
opacity surrounding certain aspects of the proposed rule undermines this
principle.

Moreover, the proposal attributes market volatility primarily to
regulatory shortcomings, overlooking the significant role of market
participants engaging in abusive practices such as excessive naked
shorting. By focusing solely on reducing margin requirements to protect
Clearing Members, the proposal risks amplifying systemic risks within
the financial system, thereby compromising market stability.

The concentration of responsibility within the role of the FRM Officer
presents a fundamental conflict of interest, as they are tasked with
safeguarding both the interests of the OCC and at-risk Clearing Members.
This dual mandate raises concerns regarding impartial risk assessment
and management, as the FRM Officer may face competing pressures that
compromise their ability to act in the broader market's best interests.

To address these concerns and advocate for better market practices
within the proposed rule, I propose the following measures:

* Strengthen and rigorously enforce margin requirements to align with
Clearing Member risks, mitigating excessive risk-taking and preventing
the emergence of "Too Big To Fail" scenarios.
* Introduce external auditing and supervision as a "fourth line of
defense," promoting transparency and proactive risk management through
public reporting.
* Modify the Loss Allocation waterfall to prioritize Clearing fund
deposits of non-defaulting firms over OCC's pre-funded financial
resources, encouraging self-regulation among Clearing Members.
* Emphasize enhanced transparency requirements, ensuring clear and
accessible disclosure in reporting and decision-making processes related
to risk management measures.
* Strengthen oversight mechanisms by actively involving regulatory
bodies to maintain accountability and address emerging risks during
periods of heightened market volatility.
* Incorporate public input through consultations and hearings in the
rulemaking process, fostering inclusivity and ensuring regulatory
actions represent diverse perspectives.
* Encourage the establishment of industry-wide standards and best
practices in collaboration with stakeholders to ensure a consistent
approach to risk management across the industry.
* Provide clearer guidelines for the application of idiosyncratic
controls, preventing misuse and proposing a structured evaluation
framework for consistency.
* Advocate for public accessibility of stress testing results to build
trust among market participants and showcase the effectiveness of risk
management measures.
* Consider establishing an external oversight committee comprising
industry experts, academics, and investor advocacy representatives to
ensure impartial evaluation and scrutiny of risk management practices.

Furthermore, I strongly urge for the imposition of heavy penalties and
sanctions against companies and employees found to be in violation of
regulatory standards or found tampering with data integrity. A robust
enforcement framework is essential to deter malpractices and uphold the
integrity of our financial markets.

In conclusion, I urge SEC and the relevant regulatory bodies to
thoroughly reconsider the proposed rule change in light of the concerns
raised. Strengthening margin requirements, enhancing transparency, and
prioritizing market stability are critical imperatives that should guide
regulatory decisions. By incorporating feedback from diverse
stakeholders and implementing robust risk management measures, we can
foster a more resilient and equitable financial marketplace for all
participants.

Thank you for your attention to this matter

Florent C