20028 Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Notices 

Bitcoin Futures ETF. See id. at 73365. However, as 

noted above, see supra note 162, even if these 

assertions are true, the Commission must consider 

any potential investor protections of the proposal in 

the broader context of whether the proposal meets 

each of the applicable requirements of the Exchange 

Act. The Exchange has not met such requirements. 

185See supra note 12. See also VanEck Order, 86 

FR at 64552; Skybridge Order, 87 FR at 3881 n.177. 

186See letter from Sam Ahn, dated August 25, 

2021 (‘‘Ahn Letter’’). 

187See Ahn Letter. 

The Commission disagrees with the 

premise of these arguments. The 

proposed rule change, as modified by 

Amendment No. 1, does not relate to a 

product regulated under the 1940 Act, 

nor does it relate to the same underlying 

holdings as the Bitcoin Futures ETFs. 

The Commission considers the 

proposed rule change on its own merits 

and under the standards applicable to it. 

Namely, with respect to this proposed 

rule change, the Commission must 

apply the standards as provided by 

Section 6(b)(5) of the Exchange Act, 

which it has applied in connection with 

its orders considering previous 

proposals to list bitcoin-based 

commodity trusts and bitcoin-based 

trust issued receipts.185

Comment letters also address the 

general nature and uses of bitcoin 186

and the state of regulation of bitcoin 

markets.187 Ultimately, however, 

additional discussion of these topics is 

unnecessary, as they do not bear on the 

basis for the Commission’s decision to 

disapprove the proposal. 

IV. Conclusion 

For the reasons set forth above, the 

Commission does not find, pursuant to 

Section 19(b)(2) of the Exchange Act, 

that the proposed rule change, as 

modified by Amendment No. 1, is 

consistent with the requirements of the 

Exchange Act and the rules and 

regulations thereunder applicable to a 

national securities exchange, and in 

particular, with Section 6(b)(5) of the 

Exchange Act. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Exchange Act, 

that proposed rule change SR– 

CboeBZX–2021–051, as modified by 

Amendment No. 1, be, and hereby is, 

disapproved. 

By the Commission. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–07193 Filed 4–5–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 11705] 

Determination With Respect to 

Assistance to Afghanistan Consistent 

With the Trafficking Victims Protection 

Act of 2000 

Consistent with section 110 of the 

Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7107) (the ‘‘Act’’) and 

Presidential Memorandum dated 

December 21, 2021, I hereby determine: 

• That a partial waiver of the 

restriction described in section 

110(d)(1)(A)(i) of the Act with respect to 

Afghanistan to allow for Economic 

Support Fund and Global Health 

Programs assistance would promote the 

purposes of the Act or is otherwise in 

the national interest of the United 

States; and 

• That providing the assistance 

described in section 110(d)(1)(B) of the 

Act to Afghanistan would promote the 

purposes of the Act or is otherwise in 

the national interest of the United 

States. 

This determination, along with the 

accompanying certification required by 

section 110(e) of the Act, and the 

Memorandum of Justification, on which 

I have relied, shall be transmitted to 

Congress, and the determination shall 

be published in the Federal Register. 

Dated: March 24, 2022. 

Antony J. Blinken, 

Secretary of State. 

[FR Doc. 2022–07305 Filed 4–5–22; 8:45 am] 

BILLING CODE 4710–31–P 

DEPARTMENT OF STATE 

[Public Notice: 11666] 

List of Participating Countries and 

Entities in the Kimberley Process 

Certification Scheme, Known as 

‘‘Participants’’ for the Purposes of the 

Clean Diamond Trade Act of 2003 

AGENCY: Bureau of Economic and 

Business Affairs. 

ACTION: Notice. 

SUMMARY: The Department of State is 

updating the list of Participants eligible 

for trade in rough diamonds under the 

Act, and their respective Importing and 

Exporting Authorities, revising the 

previously published list of January 8, 

2021, to reflect the addition of the 

Kyrgyz Republic, Mozambique, and 

Qatar as Participants. 

DATES: This notice is effective on April 

6, 2022. 

FOR FURTHER INFORMATION CONTACT: 

George Cajati, Bureau of Economic and 

Business Affairs, Department of State, 

(202) 647–2856. 

SUPPLEMENTARY INFORMATION: Section 4 

of the Clean Diamond Trade Act of 

2003, Public Law 108–19 (the ‘‘Act’’) 

requires the President to prohibit the 

importation into, or the exportation 

from, the United States of any rough 

diamond, from whatever source, that 

has not been controlled through the 

Kimberley Process Certification Scheme 

(KPCS). Under Section 3(2) of the Act, 

‘‘controlled through the Kimberley 

Process Certification Scheme’’ means an 

importation from the territory of a 

Participant or exportation to the 

territory of a Participant of rough 

diamonds that is either (i) carried out in 

accordance with the KPCS, as set forth 

in regulations promulgated by the 

President, or (ii) controlled under a 

system determined by the President to 

meet substantially the standards, 

practices, and procedures of the KPCS. 

The referenced regulations are 

contained at 31 CFR part 592 (‘‘Rough 

Diamond Control Regulations’’) (68 FR 

45777, August 4, 2003). 

Section 6(b) of the Act requires the 

President to publish in the Federal 

Register a list of all Participants, and all 

Importing and Exporting Authorities of 

Participants, and to update the list as 

necessary. Section 2 of E.O.13312 of 

July 29, 2003 delegates this function to 

the Secretary of State. Section 3(7) of the 

Act defines ‘‘Participant’’ as a state, 

customs territory, or regional economic 

integration organization identified by 

the Secretary of State. Section 3(3) of the 

Act defines ‘‘Exporting Authority’’ as 

one or more entities designated by a 

Participant from whose territory a 

shipment of rough diamonds is being 

exported as having the authority to 

validate a Kimberley Process Certificate. 

Section 3(4) of the Act defines 

‘‘Importing Authority’’ as one or more 

entities designated by a Participant into 

whose territory a shipment of rough 

diamonds is imported as having the 

authority to enforce the laws and 

regulations of the Participant regarding 

imports, including the verification of 

the Kimberley Process Certificate 

accompanying the shipment. 

List of Participants 

Pursuant to Sections 3 and 6 of the 

Act, Section 2 of E.O. 13312, 

Department of State Delegations of 

Authority No. 245–1 (February 13, 

2009), and No. 376 (October 31, 2011), 

I hereby identify the following entities 

as Participants under section 6(b) of the 

Act. Included in this List are the 

Importing and Exporting Authorities for 

Participants, as required by Section 6(b) 


lotter on DSK11XQN23PROD with NOTICES1