Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62417 

12 15 U.S.C. 78q–1. 

13 15 U.S.C. 78q–1(b)(3)(I). 

14 Id. 

15 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

consistent with the requirements of 

section 17A of the Act 12 and the 

regulations thereunder. Specifically, 

LCH SA believes the adoption of the Fee 

Grid is reasonable and has been set up 

at an appropriate level given the costs, 

expenses and revenues generated to 

LCH SA. 

B. Clearing Agency’s Statement on 

Burden on Competition 

Section 17A(b)(3)(I) of the Act 13

requires that the rules of a clearing 

agency not impose any burden on 

competition not necessary or 

appropriate in furtherance of the 

purposes of the Act.14

LCH SA does not believe that the 

proposed rule change would impose any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

LCH SA is proposing to extend to 

CDSClear members the Fee Grid already 

applicable to the clearing members of 

LCH SA Non-U.S. Business. This 

proposed change will also apply equally 

to all CDSClear Clearing Members and 

is not expected to have any potential 

disparate impact on any Clearing 

Members. 

LCH SA also believes the adoption of 

the Fee Grid by CDSClear will not 

adversely affect the ability of such 

Clearing Members or other market 

participants generally to engage in 

cleared transactions or to access LCH 

SA’s clearing services. LCH SA is 

further enhancing its triparty collateral 

solution with Euroclear Bank and 

Euroclear France and aligning the 

triparty collateral service offering across 

LCH SA clearing services following the 

extension of the triparty collateral 

solution. The triparty collateral solution 

provides Clearing Members additional 

options and greater operational 

efficiency for posting collateral to cover 

margin requirements and thus, to access 

LCH SA’s clearing services. 

Finally, LCH SA believes that the 

adoption of the Fee Grid is appropriate 

given the costs and expenses to LCH SA. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Pursuant to section 19(b)(3)(A)(ii) of 

the Act, and Rule 19b–4(f)(2) 

thereunder, the proposed rule change is 

filed for immediate effectiveness 

because the proposed rule establishes or 

changes a fee or other charge imposed 

by LCH SA on its Clearing Members, 

within the meaning of Rule 19b–4(f)(2). 

At any time within 60 days of the filing 

of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

The proposal shall not take effect 

until all regulatory actions required 

with respect to the proposal are 

completed. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

LCH SA–2023–006 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–LCH SA–2023–006. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549 on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of LCH 

SA and on LCH SA’s website at: https:// 

www.lch.com/resources/rulebooks/ 

proposed-rule-changes. 

Do not include personal identifiable 

information in submissions; you should 

submit only information that you wish 

to make available publicly. We may 

redact in part or withhold entirely from 

publication submitted material that is 

obscene or subject to copyright 

protection. All submissions should refer 

to File Number SR–LCH SA–2023–006 

and should be submitted on or before 

October 2, 2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19469 Filed 9–8–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98285; File No. SR– 

NASDAQ–2023–031] 

Self-Regulatory Organizations; The 

Nasdaq Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify 

Requirements Relating to the Waiver of 

the Code of Conduct in Listing Rule 

5610 and IM–5610 

September 5, 2023. 

Pursuant to section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 

21, 2023, The Nasdaq Stock Market LLC 

(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the self-regulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify the 

requirements related to the waiver of the 

code of conduct in Listing Rules 5610 

and IM–5610. 

The text of the proposed rule change 

is set forth below. Proposed new 

language is italicized; deleted text is in 

brackets. 

* * * * * 

The Nasdaq Stock Market Rules 

* * * * * 


ddrumheller on DSK120RN23PROD with NOTICES1
62418 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

3See 17 CFR 229.406. 

4See Listing Rule 5610. Alternatively, a company, 

including a foreign private issuer, may disclose 

5610. Code of Conduct 

Each Company shall adopt a code of 

conduct applicable to all directors, officers 

and employees, which shall be publicly 

available. A code of conduct satisfying this 

rule must comply with the definition of a 

‘‘code of ethics’’ set out in section 406(c) of 

the Sarbanes-Oxley Act of 2002 (‘‘the 

Sarbanes-Oxley Act’’) and any regulations 

promulgated thereunder by the Commission. 

[See 17 CFR 228.406 and 17 CFR 229.406.] 

In addition, the code must provide for an 

enforcement mechanism. Any waivers of the 

code for directors or Executive Officers must 

be approved by the [B]board or a board 

committee. Companies, other than Foreign 

Private Issuers, shall disclose such waivers 

within four business days by filing a current 

report on Form 8–K with the Commission or, 

in cases where a Form 8–K is not required, 

by distributing a press release. Foreign 

Private Issuers shall disclose such waivers 

within four business days either by 

distributing a press release or including 

disclosure in a Form 6–K[ or in the next 

Form 20–F or 40–F]. Alternatively, within 

four business days, a Company, including a 

Foreign Private Issuer, may disclose waivers 

on the Company’s website in a manner that 

satisfies the requirements of Item 5.05(c) of 

Form 8–K. 

IM–5610. Code of Conduct 

Ethical behavior is required and expected 

of every corporate director, officer and 

employee whether or not a formal code of 

conduct exists. The requirement of a publicly 

available code of conduct applicable to all 

directors, officers and employees of a 

Company is intended to demonstrate to 

investors that the board and management of 

Nasdaq Companies have carefully considered 

the requirement of ethical dealing and have 

put in place a system to ensure that they 

become aware of and take prompt action 

against any questionable behavior. For 

Company personnel, a code of conduct with 

enforcement provisions provides assurance 

that reporting of questionable behavior is 

protected and encouraged, and fosters an 

atmosphere of self-awareness and prudent 

conduct. 

Rule 5610 requires Companies to adopt a 

code of conduct complying with the 

definition of a ‘‘code of ethics’’ under section 

406(c) of the Sarbanes-Oxley Act of 2002 

(‘‘the Sarbanes-Oxley Act’’) and any 

regulations promulgated thereunder by the 

Commission. [See 17 CFR 228.406 and 17 

CFR 229.406.] Thus, the code must include 

such standards as are reasonably necessary to 

promote the ethical handling of conflicts of 

interest, full and fair disclosure, and 

compliance with laws, rules and regulations, 

as specified by the Sarbanes-Oxley Act. 

However, the code of conduct required by 

Rule 5610 must apply to all directors, 

officers, and employees. Companies can 

satisfy this obligation by adopting one or 

more codes of conduct, such that all 

directors, officers and employees are subject 

to a code that satisfies the definition of a 

‘‘code of ethics.’’ 

As the Sarbanes-Oxley Act recognizes, 

investors are harmed when the real or 

perceived private interest of a director, 

officer or employee is in conflict with the 

interests of the Company, as when the 

individual receives improper personal 

benefits as a result of his or her position with 

the Company, or when the individual has 

other duties, responsibilities or obligations 

that run counter to his or her duty to the 

Company. Also, the disclosures a Company 

makes to the Commission are the essential 

source of information about the Company for 

regulators and investors—there can be no 

question about the duty to make them fairly, 

accurately and timely. Finally, illegal action 

must be dealt with swiftly and the violators 

reported to the appropriate authorities. Each 

code of conduct must require that any waiver 

of the code for Executive Officers or directors 

may be made only by the board or a board 

committee and must be disclosed to 

Shareholders, along with the reasons for the 

waiver. All Companies, other than Foreign 

Private Issuers, must disclose such waivers 

within four business days by filing a current 

report on Form 8–K with the Commission, 

providing website disclosure that satisfies the 

requirements of Item 5.05(c) of Form 8–K, or, 

in cases where a Form 8–K is not required, 

by distributing a press release. Foreign 

Private Issuers must disclose such waivers 

within four business days either by providing 

website disclosure that satisfies the 

requirements of Item 5.05(c) of Form 8–K, by 

including disclosure in a Form 6–K[ or in the 

next Form 20–F or 40–F] or by distributing 

a press release. This disclosure requirement 

provides investors the comfort that waivers 

are not granted except where they are truly 

necessary and warranted, and that they are 

limited and qualified so as to protect the 

Company and its Shareholders to the greatest 

extent possible. 

Each code of conduct must also contain an 

enforcement mechanism that ensures prompt 

and consistent enforcement of the code, 

protection for persons reporting questionable 

behavior, clear and objective standards for 

compliance, and a fair process by which to 

determine violations. 

* * * * * 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

* * * * * 

(b) Not applicable. 

(c) Not applicable. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Nasdaq is proposing to amend Listing 

Rules 5610 and IM–5610 to provide that 

waivers of the code of conduct for 

directors or executive officers may be 

approved by a board committee rather 

than exclusively by the board, as this 

rule currently requires and to require 

that Foreign Private Issuers must 

disclose such waivers within four 

business days. 

Ethical behavior is required and 

expected of every corporate director, 

officer and employee whether or not a 

formal code of conduct exists. The 

requirement of a publicly available code 

of conduct applicable to all directors, 

officers and employees of a company is 

intended to demonstrate to investors 

that the board and management of 

Nasdaq companies have carefully 

considered the requirement of ethical 

dealing and have put in place a system 

to ensure that they become aware of and 

take prompt action against any 

questionable behavior. For company 

personnel, a code of conduct with 

enforcement provisions provides 

assurance that reporting of questionable 

behavior is protected and encouraged, 

and fosters an atmosphere of selfawareness and prudent conduct. 

Listing Rules 5610 and IM–5610 

require companies to adopt a code of 

conduct applicable to directors, officers, 

and employees, which shall be publicly 

available. A code of conduct satisfying 

this rule must comply with the 

definition of a ‘‘code of ethics’’ set out 

in section 406(c) of the Sarbanes-Oxley 

Act of 2002 and any regulations 

promulgated thereunder by the 

Commission.3 In addition, the code 

must provide for an enforcement 

mechanism. Any waivers of the code for 

directors or executive officers must be 

approved by the board and publicly 

disclosed to shareholders, along with 

the reasons for the waiver. Companies, 

other than foreign private issuers, must 

disclose such waivers within four 

business days by filing a current report 

on Form 8–K with the Commission or, 

in cases where a Form 8–K is not 

required, by distributing a press release. 

Foreign private issuers must disclose 

such waivers either by distributing a 

press release or including disclosure in 

a Form 6–K or in the next Form 20–F 

or 40–F.4 Nasdaq believes this 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 62419 

waivers on the company’s website in a manner that 

satisfies the requirements of Item 5.05(c) of Form 

8–K. If a company elects to disclose the information 

through its website, such information must remain 

available on the website for at least a 12-month 

period. Following the 12-month period, the 

company must retain the information for a period 

of not less than five years. See also instructions to 

Item 16B of Form 20–F. 

5See Listing Rule 5630. 

6 In 2002, the NASD, through its subsidiary, The 

Nasdaq Stock Market, Inc., filed with the 

Commission a proposed rule change to amend 

NASD Rules to adopt the code of conduct 

requirements. See Securities Exchange Act Release 

No. 48125 (July 2, 2003), 68 FR 41194 (July 10, 

2003) (SR–NASD–2002–139) (‘‘Nasdaq Code of 

Conduct Proposal’’). At about the same time, NYSE 

proposed similar changes to its listing standards. 

See Securities Exchange Act Release No. 47672 

(April 11, 2003) 68 FR 19051 (April 17, 2003) 

(‘‘NYSE Corporate Governance Proposal’’). The 

Commission discussed and approved both the 

Nasdaq Code of Conduct Proposal and the NYSE 

Corporate Governance Proposal in one order (the 

‘‘2003 Order’’). See Securities Exchange Act Release 

No. 48745 (November 4, 2003), 68 FR 64154 

(November 12, 2003). 

7Listing Rules 5610 and IM–5610 already 

specifically provide that companies, other than 

Foreign Private Issuers, must disclose code of 

conduct waivers within four business. Nasdaq is 

proposing to remove references in Listing Rules 

5610 and IM–5610 to Forms 20–F and 40–F as an 

alternative disclosure venue for code of conduct 

waivers. 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

10Nasdaq reviewed recent code of ethics 

disclosure of a sample of NYSE listed companies 

and observed that a number of companies provide 

for waivers to the code of conduct to be approved 

by the board or a board committee. 

disclosure requirement provides 

investors the comfort that waivers are 

not granted except where they are truly 

necessary and warranted, and that they 

are limited and qualified so as to protect 

the company and its shareholders to the 

greatest extent possible. 

By expressly setting out the inherent 

obligation of ethical conduct in this 

manner, Nasdaq provides assurance to 

investors, regulators and itself that each 

of its issuers has in place a system to 

focus attention throughout the company 

on the obligation of ethical conduct, 

encourage reporting of potential 

violations, and deal fairly and promptly 

with questionable behavior. 

Nasdaq is proposing to allow waivers 

of the code to be approved either by the 

board of directors or a committee of the 

board. This would give listed companies 

flexibility to place the oversight of a 

company’s code of conduct within the 

jurisdiction of a particular committee if 

that structure is more effective and 

appropriate, while following the 

obligations of ethical conduct required 

by Listing Rules 5610 and IM–5610. The 

approach of delegating oversight 

authority to a board committee is also 

consistent with the provisions of Listing 

Rule 5630 that requires approval of 

related party transactions by the 

company’s audit committee or another 

independent body of the board of 

directors.5 In addition, Nasdaq believes 

that the proposed change would align 

the requirements of this rule with the 

requirements of Rule 303A.10 of the 

Listed Company Manual of the New 

York Stock Exchange (‘‘NYSE’’).6

Nasdaq is also proposing to clarify 

that Foreign Private Issuers are required 

to disclose any waivers of the code for 

directors or executive officers within 

four business days by providing website 

disclosure that satisfies the 

requirements of Item 5.05(c) of Form 8– 

K, by including disclosure in a Form 6– 

K or by distributing a press release. The 

disclosure of any code of conduct 

waivers provides investors the comfort 

that waivers are not granted except 

where they are truly necessary and 

warranted, and that they are limited and 

qualified so as to protect the company 

and its shareholders to the greatest 

extent possible. Accordingly, Nasdaq 

believes that Foreign Private Issuers, 

like other Nasdaq listed companies, 

should be required to make such 

disclosure within four business days by 

providing website disclosure that 

satisfies the requirements of Item 5.05(c) 

of Form 8–K, by including disclosure in 

a Form 6–K or by distributing a press 

release rather than providing such 

disclosure in the next Form 20–F or 40– 

F.7

Finally, Nasdaq proposes to remove 

citation to 17 CFR 228.406 and 17 CFR 

229.406 from the rule language, without 

changing the substance of Rules 5610 

and IM–5610, to maintain consistency 

within the rulebook. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with section 6(b) 

of the Act,8 in general, and furthers the 

objectives of section 6(b)(5) of the Act,9

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest. 

Nasdaq believes that the proposed 

amendments to Listing Rules 5610 and 

IM–5610 to provide that waivers of the 

code of conduct for directors or 

executive officers may be approved by 

a board committee and to require that 

Foreign Private Issuers must disclose 

such waivers within four business days 

are designed to protect investors and the 

public interest because there would 

continue to be other significant 

protections for shareholders with 

respect to the waivers of the code of 

conduct. Specifically, consistent with 

the provisions of Listing Rule 5630, 

waivers of the code of conduct for 

directors or executive officers would be 

approved by the board or a board 

committee and publicly disclosed, as 

described above. Nasdaq believes this 

disclosure requirement provides 

investors the comfort that waivers are 

not granted except where they are truly 

necessary and warranted, and that they 

are limited and qualified so as to protect 

the company and its shareholders to the 

greatest extent possible. The proposed 

amendment would make Nasdaq’s 

requirements regarding the granting of 

the waivers by the board or a board 

committee of the code of conduct 

substantively similar to those of the 

NYSE.10 In the 2003 Order, the 

Commission determined that this 

approach is consistent with the 

requirements of the Exchange Act. 

Finally, Nasdaq believes that 

removing citation from the rule 

language is consistent with the 

requirements of the Exchange Act 

because the removal does not change 

the substance of the rule. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

proposed rule change will make Nasdaq 

requirements with respect to the 

waivers of the code of conduct 

substantively similar to those of the 

NYSE. All listed companies would be 

affected in the same manner by these 

changes. As such, these changes are 

neither intended to, nor expected to, 

impose any burden on competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to section 


ddrumheller on DSK120RN23PROD with NOTICES1
62420 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices 

11 15 U.S.C. 78s(b)(3)(A)(iii). 

12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires the Exchange to give the 

Commission written notice of its intent to file the 

proposed rule change, along with a brief description 

and text of the proposed rule change, at least five 

business days prior to the date of filing of the 

proposed rule change, or such shorter time as 

designated by the Commission. The Exchange has 

satisfied this requirement. 13 17 CFR 200.30–3(a)(12). 

19(b)(3)(A)(iii) of the Act 11 and Rule 

19b–4(f)(6) thereunder.12

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

NASDAQ–2023–031 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–NASDAQ–2023–031. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

SR–NASDAQ–2023–031 and should be 

submitted on or before October 2, 2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–19470 Filed 9–8–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 2:00 p.m. on Thursday, 

September 14, 2023. 

PLACE: The meeting will be held via 

remote means and/or at the 

Commission’s headquarters, 100 F 

Street NE, Washington, DC 20549. 

STATUS: This meeting will be closed to 

the public. 

MATTERS TO BE CONSIDERED: 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters also may be present. In the 

event that the time, date, or location of 

this meeting changes, an announcement 

of the change, along with the new time, 

date, and/or place of the meeting will be 

posted on the Commission’s website at 

https://www.sec.gov. 

The General Counsel of the 

Commission, or her designee, has 

certified that, in her opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) 

and (10) and 17 CFR 200.402(a)(3), 

(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and 

(a)(10), permit consideration of the 

scheduled matters at the closed meeting. 

The subject matter of the closed 

meeting will consist of the following 

topics: 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings; 

Resolution of litigation claims; and 

Other matters relating to examinations 

and enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting agenda items that 

may consist of adjudicatory, 

examination, litigation, or regulatory 

matters. 

CONTACT PERSON FOR MORE INFORMATION: 

For further information; please contact 

Vanessa A. Countryman from the Office 

of the Secretary at (202) 551–5400. 

Authority: 5 U.S.C. 552b. 

Dated: September 7, 2023. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2023–19615 Filed 9–7–23; 11:15 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice:12168] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: ‘‘Marie 

Laurencin: Sapphic Paris’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to 

agreements with their foreign owners or 

custodians for temporary display in the 

exhibition ‘‘Marie Laurencin: Sapphic 

Paris’’ at The Barnes Foundation, 

Philadelphia, Pennsylvania, and at 

possible additional exhibitions or 

venues yet to be determined, are of 

cultural significance, and, further, that 

their temporary exhibition or display 

within the United States as 

aforementioned is in the national 

interest. I have ordered that Public 

Notice of these determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Reed Liriano, Program Coordinator, 

Office of the Legal Adviser, U.S. 

Department of State (telephone: 202– 

632–6471; email: section2459@

state.gov). The mailing address is U.S. 

Department of State, L/PD, 2200 C 

Street, NW (SA–5), Suite 5H03, 

Washington, DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), Executive Order 

12047 of March 27, 1978, the Foreign 

Affairs Reform and Restructuring Act of 

1998 (112 Stat. 2681, et seq.; 22 U.S.C. 

6501 note, et seq.), Delegation of 

Authority No. 234 of October 1, 1999, 

Delegation of Authority No. 236–3 of 

August 28, 2000, and Delegation of 


ddrumheller on DSK120RN23PROD with NOTICES1