Report of Independent Registered Public Accounting Firm
To the Shareholders and Board of Trustees of
BNY Mellon ETF Trust
In planning and performing our audits of the financial statements of BNY Mellon US Large Cap Core Equity ETF, BNY Mellon US Mid Cap Core Equity ETF, BNY Mellon US Small Cap Core Equity ETF, BNY Mellon International Equity ETF, BNY Mellon Emerging Markets Equity ETF, BNY Mellon Core Bond ETF, BNY Mellon Short Duration Corporate Bond ETF, BNY Mellon High Yield Beta ETF, BNY Mellon Sustainable Global Emerging Markets ETF, BNY Mellon Sustainable International Equity ETF, BNY Mellon Sustainable US Equity ETF and BNY Mellon Concentrated International ETF (twelve of the funds constituting BNY Mellon ETF Trust) (the “Company”) as of and for the year ended October 31, 2022, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), we considered the Company’s internal control over financial reporting, including controls over safeguarding securities, as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements and to comply with the requirements of Form N-CEN, but not for the purpose of expressing an opinion on the effectiveness of the Company’s internal control over financial reporting. Accordingly, we express no such opinion.
The management of the Company is responsible for establishing and maintaining effective internal control over financial reporting. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of controls. A company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with U.S. generally accepted accounting principles. A company’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with U.S. generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of a company’s assets that could have a material effect on the financial statements.
Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.
A deficiency in internal control over financial reporting exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the Company’s annual or interim financial statements will not be prevented or detected on a timely basis.
Our consideration of the Company’s internal control over financial reporting was for the limited purpose described in the first paragraph and would not necessarily disclose all deficiencies in internal control that might be material weaknesses under standards established by the PCAOB. However, we noted no deficiencies in the Company’s internal control over financial reporting and its operation, including controls over safeguarding securities, that we consider to be a material weakness as defined above as of October 31, 2022.
This report is intended solely for the information and use of management and the Board of Trustees of BNY Mellon ETF Trust and the Securities and Exchange Commission and is not intended to be and should not be used by anyone other than these specified parties.
/S/ ERNST & YOUNG LLP
New York, New York
December 21, 2022
January 9, 2024
VIA EDGAR
U.S. Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
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Re: |
BNY Mellon ETF Trust: Amended Report on Form N-CEN for Period Ended 10/31/22 (File Nos. 333-234030 and 811-23477) |
Ladies and Gentlemen:
Included for filing on behalf of BNY Mellon ETF Trust (the “Trust) is an amended Report on Form N‑CEN for the annual period ended October 31, 2022 (the “Amended Filing”). The sole purpose of the Amended Filing is to correct errors in responses to Item C.7.n of Form N-CEN for the following series of the Trust: BNY Mellon High Yield Beta ETF, BNY Mellon Core Bond ETF, BNY Mellon Emerging Markets Equity ETF, BNY Mellon International Equity ETF, BNY Mellon US Small Cap Core Equity ETF, BNY Mellon US Mid Cap Core Equity ETF and BNY Mellon US Large Cap Core Equity ETF. Other information and data included in the Amended Filing is unchanged from the initial filing of the Trust’s Report on Form N-CEN for the period ended October 31, 2022, which was filed via EDGAR on January 12, 2023 (Accession No. 0001752724-23-001004).
Please feel free to contact me at 212.635.1874.
Sincerely,
Amanda Quinn