Katten

KattenMuchinRosenman uk LLP

Paternoster House

65 St Paul's Churchyard
London, EC4M AB
+44 (0) 20 7776 7620 tel
+44 (0) 207776 7621 fax
www.kattenlaw.co.uk

carolyn,jackson@kattenlaw.co.uk
+44 (0) 20 7776 7625 direct

24 May 2019 Ref No, 385248 00002 CHJ:md

Via E-mail and by courier

CFTC FOIA Compliance Office
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21% Street, NW

Washington DC 20581

United States of America

Dear Sir or Madam:

Re: FOIA CONFIDENTIAL TREATMENT REQUEST
Pursuant to 17 C.F.R. §§ 48.5(c), 145.5, 145.9

In accordance with the provisions of Commission Regulations 48.5(c), 145.5 and 145.9, Katten
Muchin Rosenman UK LLP on behalf of Nasdaq Clearing AB (Nasdaq Clearing) hereby
requests confidential treatment of the material described in Appendix A to this letter (the
Confidential Submission).

Confidential treatment is requested, inter alia, on the grounds that the Confidential Submission
contains data and information which would separately disclose business transactions and trade
secrets that may not be disclosed to third parties, as provided in Section 8(a) of the Commodity
Exchange Act and Commission Regulation 145.5(c)(1). Confidential treatment additionally is
requested on the grounds that the Confidential Submission is exempt from disclosure under
paragraph (b)(4) of the Freedom of Information Act (FOIA) and Commission Regulations
145.5(d) and 145.9(d)(1)(i) because it contains commercial and financial information as well
as proprietary information regarding business procedures and systems that are confidential and
would be of material assistance to competitors of Nasdaq Clearing and should be protected
from public disclosure pursuant to this exemption.

Nasdaq Clearing requests that the Confidential Submission be afforded confidential treatment
for the maximum amount of time permitted.

Nasdaq Clearing understands that if a FOIA request is submitted to the Commodity Futures
Trading Commission (Commission) in respect of the Confidential Submission, Nasdaq
Clearing will be notified of such request in accordance with the Commission's regulations and
be asked to submit, within ten business days, a detailed written justification for confidential
treatment of the Confidential Submission. See Commission Rule § 145.9(e)(1); see also

allen Muchin Rosenman UK LLP isa Limited Liability Partnership of solicitors and registered foreign lawyers registered in England & Wales,
authorised and regulates by ihe Solicitors Regulation Aulhorly, whose registered office is al Palemoster House, 65 SI Paul's Churchyard, London EC4M 8AB Registered No, OC312814,

Ais of the members of Katten Muchin Rosenman UK LLP is available for inspection al lhe registred office,
‘We use the word ‘partner to refer o a member ofthe LLP.

Kallen Muchin Rosenman UK LLP of England & Wales is associated with Kallen Muchin Rosenman LLP, a US Limited Liabilly Partnership with offices in:
AUSTIN CENTURYCITY CHARLOTTE © CHICAGO-—-~DALLAS_-—s HOUSTON ~—LOS ANGELES
NEWYORK ORANGE COUNTY — SANFRANCISCOBAY AREA — SHANGHAI WASHINGTON, OC.

TANT 229179901 295948.AnINNT


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Katten Muchin Rosenman uk LLP

24 May 2019
Page 2

Executive Order 12600, 52 Fed. Reg. 23781 (June 23, 1987) (detailing pre-disclosure
notification procedures under FOIA). In such event, Nasdaq Clearing requests that Commission
staff telephone or email the undersigned rather than rely upon United States mail for such
notice.

If the Commission or its staff transmits any of the Confidential Submission to another federal
agency, Nasdaq Clearing requests that you forward a copy of this letter to any such agency
with the Confidential Submission and further request that you advise any such agency that
Nasdaq Clearing has requested that this material be accorded confidential treatment.

The requests set forth in the preceding paragraphs also apply to any memoranda, notes,
transcripts or other writings of any sort whatsoever that are made by, or at the request of, any
employee of the Commission (or any other federal agency) and which (1) incorporate, include
or relate to any aspect of the Confidential Submission; or (2) refer to any conference, meeting,
or telephone conversation between Nasdaq Clearing, its current or former employees,
representatives, agents, auditors or counsel on the one hand and employees of the Commission
(or any other government agency) on the other, relating to the Confidential Submission.

Please acknowledge your receipt of this confidential treatment request by date stamping the
enclosed extra copy of this letter and returning it to the undersigned in the enclosed self-
addressed postage-prepaid envelope. Any questions regarding this request for Confidential
Treatment, as well as any notices pursuant to the Commission Rules cited herein, should be
directed to the attention of the undersigned at the addresses and telephone number provided
herein.

Pe

Members of the Commission staff may contact me by phone at +44 207 776 7625 or by email
at carolyn.jackson@kattenlaw.co.uk to ask questions or to obtain additional information.

Yours faithfully

Ae pe—

Carolyn H¢Jackson
Partner

Enc. (Appendix A)

cc: Jasmine Lee, Special Counsel, Commodity Futures Trading Commission

TAAL 947477981 296742.NNINT


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Katten MuchinRosenman uk LLP

24 May 2019
Page 3

APPENDIX A
1. Execution page to Exhibit A, Supplement S-1
2. Execution page to Exhibit D-2, Supplement S-1

3. Documents S-2, S-3, S-6, S-6a, S7 and S-8

TANAT 91909791 2eE742.NINAD