ICAP Terms of Business & Financial Regulation - ICAP.com

ICAP Terms of Business & Financial Regulation

ICAP Anti-Bribery and Corruption statement
ICAP Group
ICAP Compliance Contacts
ICAP Group Companies Regulated in the EU
ICAP Anti-Money Laundering/Financial Crime Policy Statement
ICAP Multilateral Trading Facility(MTF)- Market Identifier Code(MIC)
ICAP Execution Policy ("the Policy")
ICAP Execution Venues
ICAP Terms of Business EMEA & Asia effective 1 October 2011
ICAP Disclaimers
ICAP Business Conflicts of Interest Policy
ICAP Regulatory Factsheet for Fund and Portfolio Managers
Electronic Broking Data
Important Legal Notice Concerning the Receipt from ICAP of Pricing Data
ICAP Business Continuity Management (BCM) Programme
Electronic Broking Pillar 3
ICAP Energy Pillar 3
ICAP Europe Pillar 3
ICAP Securities Ltd Pillar 3
ICAP Shipping Tankers Derivs Pillar 3
Link Securities Pillar 3
My Treasury Pillar 3
WCLK Pillar 3
ICAP Scandinavia Fondsmæglerselskab AS - Terms of business - Final

ICAP Anti-Bribery and Corruption statement

ICAP is committed to promoting ethical business practices across all of our business relationships.

ICAP fully supports the requirements of the UK Bribery Act as well as similar legislation in all regions in which we conduct business. ICAP has implemented policies and procedures to ensure it is prepared, to the extent possible, to prevent and deter corrupt practices across our business relationships.

All ICAP staff are trained so as to be aware of their responsibilities in respect Anti-Bribery and Corruption and they are empowered to act as a line of defence in the identification of any corrupt practices. ICAP has also introduced a global ‘whistle-blowing’ hotline.

ICAP maintains policies and procedures which assist its businesses in monitoring and preventing potential Bribery and Corruption and to deal with such practices appropriately if they are discovered.

ICAP endeavours to conduct its business in accordance with established best practice in each of the countries in which it operates. The Group aims to be a responsible employer and adopt values and standards designed to help guide our staff in their conduct and business relationships. The Group recognises its responsibility and integrity in meeting best practice benchmarks when interacting with its employees, investors, customers, suppliers, regulators and other stakeholders. ICAP expects to deal with these stakeholders in an open and co-operative way, ensuring full, transparent, fair, accurate, timely and understandable disclosure/public communication to encourage sustained and long-term mutually rewarding relationships. ICAP operates a Code of Ethics and Business Conduct policy, which is approved by the board and owned by the Group Chief Executive Officer.

ICAP Group

ICAP plc is the holding company of ICAP Group.

The majority of ICAP Group operating companies are licensed by financial services regulators in the jurisdictions they operate in around the world.

ICAP companies are licensed and regulated by the following authorities:

Europe

UK Financial Conduct Authority
Commodity Futures Trading Commission
Danish Finanstilsynet
German Bundesanstalt für Finanzdienstleistungsaufsicht
Polish Financial Services Commission
Financial Supervisory Authority of Norway (Finanstilsynet)
Comision Nacional del Mercado de Valores (CNMV)
The Netherlands Authority for Financial Markets (AFM)


Africa

Reserve Bank of South Africa
Bond Exchange of South Africa
Central Bank of Bahrain

Americas

Commodity Futures Trading Commission
Chicago Mercantile Exchange/Chicago Board of Trade
Financial Industry Regulatory Authority
US National Futures Association
US Securities and Exchange Commission
Brazilian Securities and Exchange Commission (CVM)
Central Bank of Brazil (BACEN)
Brazilian Commodities, Futures and Stock Exchange (BM & FBOVESPA)

Asia Pacific

Australian Securities and Investments Commission (ASIC)
Australian Stock Exchange (ASX)
China Banking Regulatory Commission (CBRC)
Commodity Futures Trading Commission
Financial Market Department of PBC (FMD) (China)
Shanghai Administration of Foreign Exchange (SAFC)
Hong Kong Monetary Authority
Securities and Futures Commission (SFC) (Hong Kong)
Securities and Exchange Board of Indiea (SEBI)
The National Stock Exchange of India Ltd (NSE)
Bank of Indonesia
Financial Service Agency (Japan)
Ministry of Strategy and Finance (MOSF) (South Korea)
Bank of Korea (BOK)
Financial Supervisory Commission (FSC) (South Korea)
Financial Supervisory Service (FSS) (South Korea)
Bank Negara Malaysia
Securities Commission (Malaysia)
The Securities Commission (New Zealand)
Securities and Exchange Commission (Philippines)
Monetary Authority of Singapore (MAS)
Central Bank of China
Ministry of Commerce (Thailand)
Securities and Exchange Commission (Thailand)

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ICAP Compliance Contacts

Europe, Middle East and Africa

Head of Compliance EMEA
ICAP
2 Broadgate
London
EC2M 7UR
United Kingdom

+44 (0)20 7000 5000

Americas

Head of Compliance Americas
ICAP
Harborside Financial Center
1100 Plaza Five
12th Floor Jersey City
New Jersey 07311 4996
United States of America

+1 212 341 9900

Asia Pacific

Head of Compliance APAC
ICAP (Hong Kong) Limited
29th floor, The Center
99 Queen's Road, Central
Hong Kong
China

+ 852 2532 0888

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ICAP Group Companies Regulated in the EU

The following firms are regulated by various EU regulators. These details might be useful to those wishing to carry out ‘Know Your Customer’ checks upon ICAP firms based in the EU only. For more information or assistance please contact newaccounts@icap.com

This information also satisfies certain requirements under FCA Rules regarding the European Directive.

The Financial Conduct Authority registration numbers given above are in the public domain and can easily be verified by using the FCA’s register at: http://www.fca.org.uk

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ICAP Anti-Money Laundering/Financial Crime Policy Statement

ICAP is committed to the prevention of financial crime such as money laundering and the funding of terrorist activity. Through risk-based internal procedures, policies, systems and controls, ICAP strives to ensure that high standards of crime prevention and awareness are maintained by its management and staff around the globe.

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ICAP Multilateral Trading Facility (MTF) – Market Identifier Code (MIC)

ICAP Execution Policy ("the Policy")

Download ICAP Execution Policy ("the Policy") (PDF, 128KB)

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ICAP Execution Venues

The ICAP Execution and Order Handling Policy sets out the arrangements that ICAP has put in place to meet its obligations under the Markets in Financial Instruments Directive (MiFID) to provide professional clients with best execution within the liquidity pools available to it.

ICAP has access to the following Exchanges and external MTF’s:

Equities

Futures

· Chicago Mercantile Exchange Group (CME/CBOT)

· COMEX - (Division of NYMEX, New York)

· EDX London

· EUREX AG (EUREX)

· European Energy Exchange (EEX)

· Hong Kong Futures Exchange (HKFE)

· ICE Futures Europe (ICE)

· Italian Derivatives Exchange Market

· New York Board of Trade (NYBOT)

· New York Mercantile Exchange (NYMEX)

· NYSE Euronext
-LIFFE
-Amsterdam
-Paris

· SGX Singapore

· Spanish Financial Futures Market (MEFF)

· South African Futures Exchange (SAFEX)

· ASX24 Sydney Futures Exchange

· TFX- Tokyo

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ICAP Terms of Business EMEA & Asia effective 1 October 2011

Download ICAP Terms of Business EMEA & Asia effective 1 October 2011 (PDF, 108KB)

If you are unable to open this file please contact ICAP Compliance Department on compliancequeries@icap.com


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ICAP Disclaimers

For details of the ICAP conditions relevant to our business relationships, please click here .

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ICAP Business Conflicts of Interest Policy

Download ICAP Business Conflicts of Interest Policy (PDF, 172KB)

If you are unable to open this file please contact ICAP Compliance Department on compliancequeries@icap.com

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ICAP Regulatory Factsheet for UK Fund and Portfolio Managers

Download ICAP Regulatory Factsheet for UK Fund and Portfolio Managers (PDF, 115KB)

If you are unable to open this file please contact ICAP Compliance Department on compliancequeries@icap.com


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Electronic Broking Data

ICAP operates a number of ‘Multilateral trading facilities’ (alternative trading systems). Under relevant rules, and for some of our client-facing facilities, regulations require us to provide details of transactions for certain instruments conducted by UK/FCA regulated firms. Click here for details.

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Important Legal Notice Concerning the Receipt from ICAP of Pricing Data

If you, through whatever medium, receive non-live pricing data from ICAP which you use for revaluation, mark-to-market or any other similar purpose, you will be receiving the Data (the “Data”) subject to the following conditions, regardless of your regulatory classification.

Supply of Revaluation Data by Companies within the ICAP Group

• ICAP shall send or make available the Data to you and/or your group companies by such method(s) from time to time and at such times as ICAP in its sole discretion decided or as ICAP from time to time otherwise aggress with you and/or your group companies.
  
• The Data is for use by Eligible Counterparties and Professional Customers only and it is not intended for Retail Clients as defined by the rules of the Financial Conduct Authority.
  
• Save as provided in Paragraph 9 below, you undertake to keep the Data confidential and not to disclose the Data or any part of it to any person (and for the purposes of this Agreement “person” shall include without limitation any individual, partnership, company or corporation), except that you may disclose the Data to your officers and employees and those of your group companies provided in each case that (i) you inform them of confidential nature of the Data; and (ii) you procure that they comply with the terms of this Clause 10 of the Agreement as if they were a party to this Agreement.
  
• You and your group companies undertake not to use the Data or permit or suffer the same to be used for any purpose other than your or your group companies’ internal use. You undertake not to, and shall procure that your group companies shall not, sell, transfer or sub-licence the Data to any third party or permit or suffer the same to be sold, transferred or sub-licensed.
  
• You undertake not to, and shall procure that your group companies shall not, disclose to any person the fact that ICAP is supplying the Data to you and/or your group companies without ICAP’s prior written consent.
  
• You agree that the Data belongs to, and is the intellectual property of, ICAP, its group companies and/or its and their respective licensors.
  
• You acknowledge that the Data is not intended to be relied upon as authoritative or taken in substitution for the exercise of judgement and that it is not, and should not be construed as, an offer, bid or solicitation in relation to any financial instrument. You further acknowledge that the Data is obtained from sources believed to be reliable and may also be based on opinions, estimates, projections and extrapolations constituting ICAP’s judgement (including that of its relevant group companies and/or their respective licensors). ICAP and its group companies do not guarantee, and expressly disclaim and liability for, and make no representations or warranties, whether express or implied, as to the Data’s currency, accuracy, timeliness, completeness or fitness for any particular purpose. ICAP and its group companies accept no liability whatsoever for any loss (including, but not limited to, any direct, indirect or consequential loss, whether or not such loss is foreseeable and whether or not ICAP has been appraised of the use to which the Data will be put) howsoever arising from the Data’s use, the timeliness or its delivery or its failure to be delivered at all.
  
• You agree that damages would not be adequate remedy for any breach of this Agreement and that ICAP may be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Agreement. ICAP and each of its relevant group companies shall be entitled to enforce the terms of this Agreement against you and/or your group companies.
  
• Your obligations under paragraph 3 (and those of your group companies) shall not apply to the extent that disclosure of the Data is required to be made as a result of a subpoena, requirement or official request from any competent judicial, administrative, legislative or regulatory or self-regulatory authority or body; provided, however, that unless prohibited by court order you shall provide advance notice to ICAP of the intended disclosure of the Data in order to allow ICAP an opportunity to object to the disclosure of the Data.
  
• For the purposes of this Clause 10, “you” shall include a reference to yourself as well as all or any of your group companies who directly or indirectly receive data from time to time (on whose behalf you shall be deemed to contract). “ICAP” means this Company and/or and other operating subsidiary of ICAP plc supplying Data.

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ICAP Business Continuity Management (BCM) programme

ICAP Business Continuation Management (BCM) programme ensures the safety of all staff, including the global BCM programme, BIA’s, pandemic planning, testing and embedding.

For further information please contact

Colin Smith – Global Chief Risk Officer
Colin.Smith@icap.com

Andrew Samsonoff – Global Head of Business Continuity Management
Andrew.Samsonoff@icap.com

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