Submission No. 23-113

July 12, 2023

Mr. Christopher J. Kirkpatrick

Secretary of the Commission

Office of the Secretariat

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: Amendments to Rule 6.46 (Business Gifts, Meals and Entertainment)

Submission Pursuant to Section 5c(c)(1) of the Act and Regulation 40.6(a)

Dear Mr. Kirkpatrick:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (the “Act”),

and Commodity Futures Trading Commission (“Commission”) Regulation 40.6(a), ICE Futures 

U.S., Inc. (“IFUS” or “Exchange”) hereby certifies the amendments to Rule 6.46, which are set 

forth in Exhibit A. Exchange Rule 6.46 currently prohibits persons transacting with the Exchange 

(e.g. Members, participants, vendors... etc.) from giving, and Exchange employees from 

accepting, any compensation or gratuity other than a gift of nominal value. The amendments 

delete the prohibition and incorporate, by reference, the Exchange’s internal Gifts, Meals and 

Entertainment Policy and the reporting obligations thereunder into IFUS Rule 6.46. 

The Exchange certifies that the amendments, which will become effective on July 31, 

2023, comply with the requirements of the Act and the CFTC Regulations promulgated 

thereunder. The Exchange has reviewed the designated contract market core principles ("Core 

Principles") as set forth in the Act and has determined that the amendments comply with the 

following relevant Core Principles:

COMPLIANCE WITH RULES

The amendments will be enforced by the Exchange in accordance with Core Principle 2. 

AVAILABILITY OF INFORMATION

As required by Core Principle 7, the text of the amended Rules will be codified in the 

Exchange’s Rulebook and made available on the Exchange’s Website. 

CONFLICTS OF INTEREST AND GOVERNANCE FITNES STANDARDS

As required by Core Principle 7, the Exchange’s conflicts of interest policies and 

governance fitness standards are codified in Exchange Rules 6.05 and 6.06, 6.40, 6.46

and 6.47, and in comprehensive internal policies and requirements.

The Exchange is not aware of any opposing views with regard to the amendments and 

further certifies that, concurrent with this filing, a copy of this submission was posted on the 

Exchange’s website at https://www.theice.com/futures-us/regulation#rule-filings
If you have any questions or need further information, please contact me at 212-748-4021 

or at jason.fusco@theice.com.

Sincerely,

Jason V. Fusco

Assistant General Counsel

Enc.

cc: Division of Market Oversight

New York Regional Office
EXHIBIT A

 Rule 6.46. Business Gifts, Meals and Entertainment [Prohibition of Compensations and 

Gratuities to Employees]

[(a) No Member, Exchange vendor or any other Person transacting business with the Exchange 

shall give any compensation or gratuity to any Exchange employee, other than a gift of nominal 

value. (a) Exchange employees shall be subject to the Exchange’s policies and procedures 

regarding the acceptance of any gift, compensation or gratuity

(b) No employee of the Exchange may accept any compensation or gratuity from any Member, 

Exchange vendor or any other Person transacting business with the Exchange, other than a gift of 

nominal value.]

(c) An[y] Exchange employee who receives a[ny] gift, compensation or gratuity from any 

Member, Exchange vendor or any other Person transacting business with the Exchange, shall 

report such fact as required by Exchange’s policies and procedures. [to the President of the 

Exchange as promptly as practicable].