The Commodity Futures Trading Commission has issued an exemptive order, pursuant to Section 4(c) of the Commodity Exchange Act (CEA), to ICE Clear U.S., Inc. (ICE Clear), authorizing ICE Clear to clear certain over-the-counter (OTC) swap transactions involving coffee, sugar or cocoa entered into between persons who qualify as eligible swap participants (ESPs) under Part 35 of the CFTC’s Regulations. The order further provides that all floor members of ICE Futures U.S., Inc. (ICE Futures) registered with the CFTC will be deemed ESPs and permitted to enter into such swaps for their own accounts, subject to compliance with certain conditions specified in the order. The CFTC also provided relief, pursuant to Section 4d of the CEA, to allow ICE Clear and registered futures commission merchants (FCMs) to hold the cleared OTC swap contracts and funds or securities supporting such swaps in customer segregated funds accounts.  

http://www.cftc.gov/stellent/groups/public/@lrfederalregister/documents/file/e8-30057a.pdf