More

    2019-13828 | CFTC

    Published on:

    [ad_1]

    [Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
    [Proposed Rules]
    [Pages 32105-32109]
    From the Federal Register Online via the Government Publishing Office

    [www.gpo.gov]
    [FR Doc No: 2019-13828]

    ———————————————————————–

    COMMODITY FUTURES TRADING COMMISSION

    17 CFR Part 30

    RIN 3038-AE86

    Foreign Futures and Options Transactions

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice of proposed rulemaking.

    ———————————————————————–

    SUMMARY: The Commodity Futures Trading Commission (Commission) is
    proposing amendments to certain provisions of its regulations governing
    the offer and sale of foreign futures and options to customers located
    in the United States of America (U.S.). The proposed amendments would
    codify the process by which the Commission may terminate exemptive
    relief issued pursuant to those regulations.

    DATES: Comments must be received on or before August 5, 2019.

    ADDRESSES: You may submit comments, identified by RIN 3038-AE86, by any
    of the following methods:
         CFTC Comments Portal: https://comments.cftc.gov. Select
    the “Submit Comments” link for this rulemaking and follow the
    instructions on the Public Comment Form.
         Mail: Send to Christopher Kirkpatrick, Secretary of the
    Commission, Commodity Futures Trading Commission, Three Lafayette
    Centre, 1155 21st Street NW, Washington, DC 20581.
         Hand Delivery/Courier: Follow the same instructions as for
    Mail, above.
        Please submit your comments using only one of these methods. To
    avoid possible delays with mail or in-person deliveries, submissions
    through the CFTC Comments Portal are encouraged.
        All comments must be submitted in English, or if not, accompanied
    by an English translation. Comments will be posted as received to
    https://comments.cftc.gov. You should submit only information that you
    wish to make available publicly. If you wish the Commission to consider
    information that you believe is exempt from disclosure under the
    Freedom of Information Act (FOIA), a petition for confidential
    treatment of the exempt information may be submitted according to the
    procedures established in Sec.  145.9 of the Commission’s
    regulations.1
    —————————————————————————

        1 17 CFR 145.9. Commission regulations referred to herein are
    found at 17 CFR chapter I.
    —————————————————————————

        The Commission reserves the right, but shall have no obligation, to
    review, pre-screen, filter, redact, refuse or remove any or all of your
    submission from https://comments.cftc.gov that it may deem to be
    inappropriate for publication, such as obscene language. All
    submissions that have been redacted or removed that contain comments on
    the merits of the rulemaking will be retained in the public comment
    file and will be considered as required under the Administrative
    Procedure Act and other applicable laws, and may be accessible under
    the FOIA.

    FOR FURTHER INFORMATION CONTACT: Matthew Kulkin, Director,
    [email protected]; Frank Fisanich, Chief Counsel, [email protected]; or
    Andrew Chapin, Associate Chief Counsel, [email protected], Division of
    Swap Dealer and Intermediary Oversight, Commodity Futures Trading
    Commission, 1155 21st Street NW, Washington, DC 20581, (202) 418-5000.

    SUPPLEMENTARY INFORMATION:

    I. Background

        Part 30 of the Commission’s regulations governs the offer and sale
    of futures and option contracts traded on or subject to the regulations
    of a foreign board of trade (“foreign futures and options”) to
    customers located in the U.S.2 These regulations set forth
    requirements for foreign firms acting in the capacity of a futures
    commission merchant (FCM), introducing broker, commodity pool operator
    and commodity trading adviser with respect to the offer and sale of
    foreign futures and options to U.S. customers and are designed to
    ensure that such products offered and sold in the U.S. are subject to
    regulatory safeguards comparable to those applicable to transactions
    entered into on designated contract markets. In particular,
    requirements with respect to registration, disclosure, capital
    adequacy, protection of customer funds, recordkeeping and reporting,
    and sales practice and compliance procedures apply to the offer and
    sale of foreign futures and options as they do the offer and sale of
    domestic transactions.
    —————————————————————————

        2 17 CFR part 30.
    —————————————————————————

        In formulating a regulatory program to govern the offer and sale of
    foreign futures and option products to customers located in the U.S.,
    the Commission considered the desirability of ameliorating the
    potential impact of such a program on persons already subject to
    regulatory oversight abroad. Based upon this consideration, the
    Commission determined to permit persons located outside the U.S. and
    subject to a comparable regulatory structure in the jurisdiction in
    which they are located to seek an exemption from certain of the
    requirements under part 30 of the Commission’s regulations based upon
    compliance with the regulatory requirements of the person’s
    jurisdiction.3 Such an exemption may be sought pursuant to Sec. 
    30.10.4
    —————————————————————————

        3 Foreign Futures and Foreign Options Transactions, 52 FR
    28980 (Aug. 5, 1987).
        4 17 CFR 30.10.
    —————————————————————————

        A petition for exemption pursuant to Sec.  30.10 typically is filed
    on behalf of persons located and doing business outside the U.S. that
    seek access to U.S. customers by: (1) A governmental agency responsible
    for implementing

    [[Page 32106]]

    and enforcing the foreign regulatory program; or (2) a self-regulatory
    organization (SRO) of which such persons are members. A petitioner who
    seeks an exemption pursuant to Sec.  30.10 must set forth with
    particularity the comparable regulations applicable in the jurisdiction
    in which that person is located. The Commission may, in its discretion,
    grant such an exemption if demonstrated to the Commission’s
    satisfaction that the exemption is not otherwise contrary to the public
    interest or to the purposes of the provision from which exemption is
    sought. Appendix A to part 30, “Interpretative Statement With Respect
    to the Commission’s Exemptive Authority Under Sec.  30.10 of Its
    Rules” (appendix A), generally sets forth the elements the Commission
    will evaluate in determining whether a particular regulatory program
    may be found to be comparable for purposes of exemptive relief pursuant
    to Sec.  30.10.5 Appendix A also specifically states that in
    considering an exemption request, the Commission will take into account
    the extent to which U.S. persons or contracts regulated by the
    Commission are permitted to engage in futures-related activities or be
    offered in the country from which an exemption is sought.6 If the
    Commission determines that relief is appropriate, the Commission issues
    an Order to the foreign regulator or SRO that sets forth conditions
    governing such relief. For example, the foreign regulator or SRO must
    certify that it will promptly notify the Commission of any material
    changes to local laws and regulations forming the basis for the relief.
    If the Commission grants an exemption pursuant to Sec.  30.10, persons
    subject to regulatory oversight by the foreign regulator or SRO, as
    appropriate, and located and doing business outside the U.S. may
    solicit or accept orders directly from U.S. customers for foreign
    futures or options transactions and, in the case of a person acting in
    the capacity of an FCM, accept customer money or other property,
    without registering under the Commodity Exchange Act (CEA) in the
    appropriate capacity.7 As a condition for relief from registration,
    each foreign person must file written representations set forth in the
    Order issued by the Commission to its foreign regulator or SRO prior to
    engaging U.S. customers. For example, such foreign person must agree to
    provide the Commission or its representative access to its books and
    records related to transactions undertaken pursuant to the exemptive
    relief. Should the foreign regulator or SRO fail to comply with any of
    the conditions set forth in the relevant Order, the relief no longer
    applies. To date, the Commission has issued Orders pursuant to Sec. 
    30.10 upon application from foreign regulators and SROs spanning the
    globe, including those in North America, Europe, South America,
    Australia and Asia.8 Each of these Orders applies to foreign
    intermediaries acting solely in the capacity of FCMs. As a result of
    this regulatory deference, U.S. customers have greater access to robust
    global markets without sacrificing the regulatory goals for customer
    protection set forth in the CEA.
    —————————————————————————

        5 52 FR 28990, 29001. These elements include: (1)
    Registration, authorization or other form of licensing, fitness
    review or qualification of persons that solicit and accept customer
    orders; (2) minimum financial requirements for those persons who
    accept customer funds; (3) protection of customer funds from
    misapplication; (4) recordkeeping and reporting requirements; (5)
    sales practice standards; (6) procedures to audit for compliance
    with, and to take action against those persons who violate, the
    requirements of the program; and (7) information sharing
    arrangements between the Commission and the appropriate governmental
    and/or self-regulatory organization to ensure Commission access on
    an as-needed basis to information essential to maintaining standards
    of customer and market protection within the U.S.
        6 17 CFR part 30, appendix A.
        7 The term “futures commission merchant” is defined in Sec. 
    1.3, 17 CFR 1.3.
        8 For a complete list of Orders issued by the Commission
    pursuant to Sec.  30.10, see https://sirt.cftc.gov/sirt/sirt.aspx?

    Topic=ForeignPart30Exemptions.
    —————————————————————————

        Within each Order issued pursuant to Sec.  30.10, the Commission
    reserves the right to condition, modify, suspend, terminate, withhold
    as to a specific firm, or otherwise restrict the exemptive relief
    granted, as appropriate, on its own motion. For example, the Commission
    may reconsider its finding that the standards for relief set forth in
    Regulation 30.10 and, in particular, appendix A, have been met due to
    changes in the foreign regulatory program. The Commission also may
    determine that the continued exemptive relief, in general, or with
    respect to a particular firm, would be, for example, contrary to the
    public interest, or that the arrangements in place for the sharing of
    information with the Commission or other circumstances do not warrant
    continuation of the exemptive relief.

    II. The Proposal

        Regulation 30.10(a) sets forth the process by which any person
    adversely affected by any requirement set forth in part 30 may file a
    petition with the Commission seeking an exemption.9 Pursuant to this
    provision, the Commission may, in its discretion, grant the exemption
    if it finds that the exemption is not otherwise contrary to the public
    interest or to the purposes of the provision for which an exemption is
    sought. While Sec.  30.10(a) provides that the Commission may grant an
    exemption subject to any terms or conditions it may find appropriate,
    the regulation does not provide a specific course of action should the
    Commission determine that exemptive relief is no longer warranted.
    Accordingly, the Commission is proposing to amend Sec.  30.10 by adding
    a new paragraph (c) to codify the process by which the Commission may
    terminate exemptive relief issued pursuant to paragraph (a).
    —————————————————————————

        9 17 CFR 30.10(a).
    —————————————————————————

        The Commission notes that part 48 of its regulations provides a
    process for termination of a foreign board of trade’s (FBOT)
    registration.10 Regulation 48.9 generally provides two broad
    mechanisms for revocation of an FBOT’s registration: (1) Failure to
    satisfy registration requirements or conditions; and (2) other events
    that could result in revocation, such as a material change to
    regulatory regime, market emergency, or any other event impacting the
    public interest.11 Similarly, the Commission in this rulemaking is
    proposing to codify the process by which relief granted by the
    Commission pursuant to Sec.  30.10 would be terminated.
    —————————————————————————

        10 17 CFR part 48.
        11 17 CFR 48.9.
    —————————————————————————

        Proposed Sec.  30.10(c)(1) specifically would provide that the
    Commission may terminate exemptive relief, after appropriate notice and
    an opportunity to respond, under three circumstances. First, the
    Commission could terminate the relief should it determine that there
    has been a material change or omission in the facts and circumstances
    pursuant to which relief was granted that demonstrate that the
    standards set forth in appendix A forming the basis for granting such
    relief are no longer met. For example, the laws within a foreign
    jurisdiction could be amended to no longer require customer funds be
    segregated from proprietary funds. In this case, an exempt foreign
    broker would no longer be subject to customer protection standards
    comparable to those applicable to a registered FCM. Second, the
    Commission could terminate relief should it determine that the
    continued exemptive relief would be contrary to the public interest or
    inconsistent with the purposes of the Sec.  30.10 exemption. For
    example, in considering whether exemptive relief continues to be
    warranted, the Commission could take account of a lack of comity
    relating to the execution

    [[Page 32107]]

    or clearing of any commodity interest 12 subject to the Commission’s
    exclusive jurisdiction.13 Third, the Commission could terminate
    relief should it determine that the information-sharing arrangements no
    longer adequately support exemptive relief.
    —————————————————————————

        12 The term “commodity interest” includes, among other
    things, any contract for the purchase or sale of a commodity for
    future delivery, or any swap as defined in the CEA. See 17 CFR 1.3.
        13 The Commission’s exclusive jurisdiction is set forth in 7
    U.S.C. 2(a).
    —————————————————————————

        Proposed Sec.  30.10(c)(2) and (3) would provide any affected
    person with an appropriate opportunity to respond to any notice by the
    Commission issued pursuant to Sec.  30.10(c)(1). The affected person
    would be the foreign regulator, SRO or other entity that filed the
    original petition for relief. The Commission believes that the timing
    for any opportunity to respond would take into account the exigency of
    circumstances. Should the Commission ultimately determine to terminate
    any exemptive relief, it shall notify the affected person in writing
    setting forth the particular reasons why relief is no longer warranted
    and issue an Order terminating exemptive relief to be published in the
    Federal Register. Proposed Sec.  30.10(c)(2) through (4) would provide
    further that any Order terminating exemptive relief shall set forth an
    appropriate timeframe for the orderly transfer or close out of any
    accounts held by U.S. customers impacted by such an Order. Consistent
    with Sec.  48.9, proposed Sec.  30.10(c)(5) would provide that any
    person whose relief has been terminated may apply for exemptive relief
    360 days after the issuance of the relevant Order issued by the
    Commission if the deficiency causing the revocation has been cured or
    relevant facts and circumstances have changed.
        The Commission notes that the proposed amendment to Sec.  30.10
    would not impact its ability to suspend immediately the relief set
    forth in any Order issued pursuant to Sec.  30.10(a) should exigent
    circumstances occur, e.g., a foreign regulator halts the flow of
    capital outside its jurisdiction impacting a U.S. customer’s ability to
    withdraw money held in a segregated foreign futures and options
    customer account. The proposed amendment also would not impact the
    Commission’s ability, as set forth in each of the Orders issued
    pursuant to Sec.  30.10, to otherwise condition, modify, withhold as to
    a specific firm, or other otherwise restrict exemptive relief on its
    own motion.
        The Commission requests comment on all aspects of this proposed
    rulemaking. The Commission specifically requests comment as to whether
    Sec.  30.10(c) should be amended further to formalize the process for
    other changes to the scope of relief issued by the Commission, e.g.,
    modification or suspension of the granted exemptive relief, subject to
    the parameters set forth within the proposed regulation.

    III. Related Matters

    A. Regulatory Flexibility Act

        The Regulatory Flexibility Act (RFA) requires that Federal agencies
    consider whether the rules that they issue will have a significant
    economic impact on a substantial number of small entities and, if so,
    to provide a regulatory flexibility analysis regarding the impact on
    those entities. Each Federal agency is required to conduct an initial
    and final regulatory flexibility analysis for each rule of general
    applicability for which the agency issues a general notice of proposed
    rulemaking.14
    —————————————————————————

        14 See 5 U.S.C. 601 et seq.
    —————————————————————————

        The regulatory amendments proposed by the Commission in this
    release would affect foreign members of foreign boards of trade who
    perform the functions of an FCM. While the RFA may not apply to foreign
    entities,15 the Commission previously determined that FCMs should be
    excluded from the definition of small entities.16 Therefore, the
    Chairman, on behalf of the Commission, hereby certifies, pursuant to 5
    U.S.C. 605(b), that these proposed regulations will not have a
    significant impact on a substantial number of small entities.
    —————————————————————————

        15 See 13 CFR 121.105 (noting that a small business is a
    business entity organized for profit, with a place of business
    located in the United States, and which operates primarily within
    the United States or which makes a significant contribution to the
    U.S. economy through payment of taxes or use of American products,
    materials or labor).
        16 See, e.g., Policy Statement and Establishment of
    Definitions of “Small Entities” for purposes of the Regulatory
    Flexibility Act, 47 FR 18618, 18619 (Apr. 30, 1982).
    —————————————————————————

    B. Paperwork Reduction Act

        The Paperwork Reduction Act of 1995 (PRA) imposes certain
    requirements on Federal agencies, including the Commission, in
    connection with their conducting or sponsoring any collection of
    information, as defined by the PRA. Proposed regulation 30.10(c)(2)
    would result in the collection of information requirements within the
    meaning of the PRA, as discussed below. This proposed rule contains a
    collection of information for which the Commission has not previously
    received control numbers from the Office of Management and Budget
    (OMB). If adopted, responses to this collection of information would be
    required to obtain or retain benefits. An agency may not conduct or
    sponsor, and a person is not required to respond to, a collection of
    information unless it displays a currently valid control number. The
    Commission has submitted to OMB an information collection request to
    obtain an OMB control number for the collection contained in this
    proposal in accordance with 44 U.S.C. 3507(d) and 5 CFR 1320.11.
        Specifically, proposed regulation 30.10(c)(3) provides any party
    affected by the Commission’s determination to terminate relief with the
    opportunity to respond to the notification in writing no later than 30
    business days following the receipt of the notification, or at such
    time as the Commission permits in writing. The Commission estimates
    that, if adopted, it would receive one response to this collection
    resulting in eight burden hours annually.
        The Commission invites the public and other Federal agencies to
    comment on any aspect of the proposed information collection
    requirements discussed above. Pursuant to 44 U.S.C. 3506(c)(2)(B), the
    Commission solicits comments in order to: (1) Evaluate whether the
    proposed collection of information is necessary for the proper
    performance of the functions of the Commission, including whether the
    information will have practical utility; (2) evaluate the accuracy of
    the Commission’s estimate of the burden of the proposed collection of
    information; (3) determine whether there are ways to enhance the
    quality, utility, and clarity of the information to be collected; and
    (4) minimize the burden of the collection of information on those who
    are to respond, including through the use of automated collection
    techniques or other forms of information technology.
        Comments may be submitted directly to the Office of Information and
    Regulatory Affairs, by fax at (202) 395-6566, or by email at
    [email protected]. Please provide the Commission with a copy
    of submitted comments so that all comments can be summarized and
    addressed in the final rule preamble. Refer to the ADDRESSES section of
    this document for comment submission instructions to the Commission. A
    copy of the supporting statements for the collection of information
    discussed above may be obtained by visiting RegInfo.gov. OMB is
    required to make a decision concerning the collection of information
    between 30 and 60 days after publication of this document in the
    Federal Register. Therefore, a comment is best assured of having its
    full effect

    [[Page 32108]]

    if OMB receives it within 30 days of publication.

    C. Cost-Benefit Considerations

    1. Summary
        Section 15(a) of the CEA 17 requires the Commission to consider
    the costs and benefits of its actions before promulgating a regulation
    under the CEA or issuing certain orders. The baseline for this
    consideration of costs and benefits is the current status, where the
    Commission has not codified the procedures by which the Commission may
    terminate exemptive relief issued pursuant to Sec.  30.10. Because the
    Commission has not yet terminated such relief, the Commission has not
    yet implemented a procedure for terminating such exemptions. Moreover,
    the Commission has limited relevant or useful quantitative data to
    assess the potential costs and benefits of proposed regulation
    30.10(c). Accordingly, the Commission has generally considered the
    costs and benefits of proposed regulation 30.10(c) in qualitative
    terms.
    —————————————————————————

        17 7 U.S.C. 19(a).
    —————————————————————————

        As a general matter, proposed regulation 30.10(c) would reduce
    legal uncertainty by articulating the basis on which the Commission may
    terminate exemptive relief pursuant to Sec.  30.10 and establishing a
    process whereby an affected party would first be notified and given an
    opportunity to respond before the Commission would take any action. The
    affected party will benefit from the clear process set forth in the
    proposed regulation. The affected party would only incur costs in
    connection with the proposed regulation to the extent that the
    Commission identified a basis for terminating the exemption and
    notified the party of that basis. Those costs would include reviewing
    and responding to the notification, which the Commission believes would
    vary depending on the circumstances, including the stated basis for
    termination. As stated above, the Commission believes that 30 days, or
    such additional time as the Commission may permit in writing, would be
    sufficient for the affected party to develop a response while allowing
    the Commission to take timely action to protect its regulatory
    interests.
        The Commission requests comment on the potential costs and benefits
    of proposed Regulation 30.10(c), including, where possible,
    quantitative data. The Commission further requests comment on any
    alternative proposals that might achieve the objectives of the proposed
    regulation, and the costs and benefits associated with any such
    alternatives.
    2. Section 15(a) Factors
        Section 15(a) further specifies that the costs and benefits shall
    be evaluated in light of five broad areas of market and public concern:
    (1) Protection of market participants and the public; (2) efficiency,
    competitiveness, and financial integrity of the futures markets; (3)
    price discovery; (4) sound risk management practices; and (5) other
    public interest considerations.
        The Commission is considering the costs and benefits of these rules
    in light of the specific provisions of section 15(a) of the CEA:
        a. Protection of Market Participants and the Public. Section
    15(a)(2)(A) of the CEA requires the Commission to evaluate the costs
    and benefits of a proposed regulation in light of protection of market
    participants and the public. The proposed amendments would protect
    market participants and the public by setting forth a clear procedure
    for the Commission’s termination of exemptive relief issued pursuant to
    Sec.  30.10(a) and by providing a reasonable timeframe for the orderly
    transfer of any accounts held by U.S. customers impacted by an order
    terminating relief.
        b. Efficiency, Competitiveness, and Financial Integrity of Markets.
    Section 15(a)(2)(B) of the CEA requires the Commission to evaluate the
    costs and benefits of a proposed regulation in light of efficiency,
    competitiveness, and financial integrity considerations. The Commission
    has not identified a specific effect on the efficiency and financial
    integrity of markets as a result of the proposed regulations. There may
    be a minor impact of termination on the competitiveness of futures
    markets. Foreign futures and options may compete directly or indirectly
    with contracts listed on DCMs. Due to legal restrictions in foreign
    jurisdictions, the only way that U.S. customers may access certain
    foreign contracts may be through an exempt foreign firm. The
    termination of any exemptive relief therefore may reduce the available
    options for U.S. market participants.
        c. Price Discovery. Section 15(a)(2)(C) of the CEA requires the
    Commission to evaluate the costs and benefits of a proposed regulation
    in light of price discovery considerations. The Commission believes
    that the proposed amendments will not have any significant impact on
    price discovery.
        d. Sound Risk Management Practices. Section 15(a)(2)(D) of the CEA
    requires the Commission to evaluate the costs and benefits of a
    proposed regulation in light of sound risk management practices. The
    Commission believes that the proposed amendments will not have a large
    impact on the risk management practices of the futures and options
    industry. However, to the extent that having a transparent process for
    terminating exemptions issued to foreign regulatory or self-regulatory
    organizations on behalf of individual firms may encourage an increased
    offer and sale of contracts that more closely match the hedging needs
    of particular U.S. market participants, the practice of sound risk
    management might be improved slightly.
        e. Other Public Interest Considerations. Section 15(a)(2)(E) of the
    CEA requires the Commission to evaluate the costs and benefits of a
    proposed regulation in light of other public considerations. The
    Commission believes that having a transparent process for terminating
    an exemption from registration would ensure exempt Sec.  30.10 firms
    have due process in the event that the Commission believes such a
    termination may be warranted. This process would also give procedural
    notice to U.S. customers who may be affected by the termination of an
    order of Sec.  30.10 exemption.
        The Commission invites comment on its preliminary consideration of
    the costs and benefits associated with the proposed changes to Sec. 
    30.10.

    List of Subjects in 17 CFR Part 30

        Consumer protection, Fraud.

        For the reasons set forth in the preamble, the Commodity Futures
    Trading Commission proposes to amend 17 CFR part 30 as follows:

    PART 30–FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS

    0
    1. The authority citation for part 30 continues to read as follows:

        Authority:  7 U.S.C. 1a, 2, 6, 6c and 12a, unless otherwise
    noted.

    0
    2. In Sec.  30.10, add paragraph (c) to read as follows:

    Sec.  30.10   Petitions for exemption.

    * * * * *
        (c)(1) The Commission may, in its discretion and upon its own
    initiative, terminate the exemptive relief granted to any person
    pursuant to paragraph (a) of this section, after appropriate notice and
    an opportunity to respond, if the Commission determines that:
        (i) There is a material change or omission in the facts and
    circumstances pursuant to which relief was granted that demonstrate
    that the standards set forth in appendix A of this part forming

    [[Page 32109]]

    the basis for granting such relief are no longer met; or
        (ii) The continued effectiveness of any such exemptive relief would
    be contrary to the public interest or inconsistent with the purposes of
    the exemption provided for in this part; or
        (iii) The arrangements in place for the sharing of information with
    the Commission do not warrant continuation of the exemptive relief
    granted.
        (2) The Commission shall provide written notification to the
    affected party of its intention to terminate an exemption pursuant to
    paragraph (a) of this section and the basis for that intention.
        (3) The affected party may respond to the notification in writing
    no later than 30 business days following the receipt of the
    notification, or at such time as the Commission permits in writing.
        (4) If, after providing any affected person appropriate notice and
    opportunity to respond, the Commission determines that relief pursuant
    to paragraph (a) of this section is no longer warranted, the Commission
    shall notify the person of such determination in writing, including the
    particular reasons why relief is no longer warranted, and issue an
    Order Terminating Exemptive Relief. Any Order Terminating Exemptive
    Relief shall provide an appropriate timeframe for the orderly transfer
    or close out of any accounts held by U.S. customers impacted by such an
    Order.
        (5) Any person whose relief has been terminated may apply for
    exemptive relief 360 days after the issuance of the Order Terminating
    Exemptive Relief if the deficiency causing the revocation has been
    cured or relevant facts and circumstances have changed.

        Issued in Washington, DC, on June 25, 2019, by the Commission.
    Christopher Kirkpatrick,
    Secretary of the Commission.

        Note:  The following appendix will not appear in the Code of
    Federal Regulations.

    Appendix to Foreign Futures and Options Transactions–Commission Voting
    Summary

        On this matter, Chairman Giancarlo and Commissioners Quintenz,
    Behnam, Stump, and Berkovitz voted in the affirmative. No
    Commissioner voted in the negative.

    [FR Doc. 2019-13828 Filed 7-3-19; 8:45 am]
     BILLING CODE 6351-01-P

     

     

    [ad_2]

    Source link

    Related

    Leave a Reply

    Please enter your comment!
    Please enter your name here