99-24017. Foreign Futures and Options Transactions  

  • [Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
    [Rules and Regulations]
    [Pages 50248-50252]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-24017]
    
    
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    COMMODITY FUTURES TRADING COMMISSION
    
    17 CFR Part 30
    
    
    Foreign Futures and Options Transactions
    
    AGENCY: Commodity Futures Trading Commission.
    
    ACTION: Supplemental order.
    
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    SUMMARY: The Commodity Futures Trading Commission (``Commission'' or 
    ``CFTC'') is issuing a Supplemental Order authorizing members of the 
    Singapore International Monetary Exchange (``SIMEX'' or ``Exchange'') 
    who receive confirmation of relief under Commission Rule 30.10 
    (``Exchange Member'' or ``Member'') to solicit and accept orders from 
    U.S. customers for otherwise permitted transactions \1\ on
    
    [[Page 50249]]
    
    Eurex Deutschland (``Eurex'').\2\ This Supplemental Order is issued 
    pursuant to Commission Rule 30.10, which permits the Commission to 
    grant an exemption from certain provisions of the Commission's 
    regulations, and the Commission's Order dated December 30, 1988,\3\ 
    granting relief under Rule 30.10 to designated members of SIMEX.
    
        \1\ Relief under this Supplemental Order extends only to those 
    products falling within the jurisdiction of the Commodity Exchange 
    Act (``CEA'' or ``Act'') and remains subject to existing product 
    restrictions under the CEA and Commission regulations and procedures 
    thereunder related to stock indices and foreign government debt (see 
    CEA section 2(a)(1)(B)(v) and Securities and Exchange Commission 
    rule 3as12-8, 17 CFR 240.3a12-8).
        \2\ Prior to June 18, 1998, Eurex Deutschland was known as the 
    Deutsche Terminborse (``DTB''). This order will refer to Eurex 
    Deutschland.
        \3\ 54 FR 806 (January 10, 1989).
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    EFFECTIVE DATE: September 16, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Laurie Plessala Duperier, Special 
    Counsel, or Andrew Chapin, Staff Attorney, Division of Trading and 
    Markets, Commodity Futures Trading Commission, Three Lafayette Centre, 
    1155 21st Street, NW, Washington, DC 20581. Telephone: (202) 418-5430.
    
    SUPPLEMENTARY INFORMATION: The Commission has issued the following 
    Supplemental Order.
    
    Supplemental Order Permitting Members of the Singapore 
    International Monetary Exchange Designated for Relief Under 
    Commission Rule 30.10 To Solicit and To Accept Orders From U.S. 
    Customers for Otherwise Permitted Transactions on Eurex
    
        On December 30, 1988, the Commission issued an Order granting 
    relief under Rule 30.10 to designated members of SIMEX (``Original 
    Order''). The Original Order limited the scope of permissible brokerage 
    activities undertaken by designated SIMEX Members on behalf of U.S. 
    customers to transactions ``on or subject to the rules of SIMEX.'' \4\ 
    By letter dated February 4, 1998, SIMEX petitioned the Commission to 
    revise the Original Order to permit designated members of SIMEX to 
    solicit and accept orders from U.S. foreign futures and options 
    customers for ``otherwise permitted transactions'' on all non-U.S. 
    exchanges \5\ where Exchange Members ``are authorized'' by Singapore 
    law to conduct futures and options business for customers, subject to 
    SIMEX's and SIMEX Members' continued compliance with the terms of the 
    Original Order and with certain specified conditions.\6\ Subsequently, 
    SIMEX amended its request to limit the expanded relief to the 
    solicitation and acceptance of orders from U.S. customers for 
    ``otherwise permitted transactions'' on Eurex, a German and Swiss 
    futures and options exchange.\7\
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        \4\ Id. at 808 (condition 2(c)).
        \5\ The term ``non-U.S. exchange'' refers to a foreign board of 
    trade which is defined in Commission Rule 1.3(ss), 17 CFR 1.3(ss) 
    as: Any board of trade, exchange or market located outside the 
    United States, its territories or possessions, whether incorporated 
    or unincorporated, where foreign futures or foreign options 
    transactions are entered into. Thus, contracts that are traded on a 
    market that has been designated as a contract market pursuant to 
    section 5 of the Commodity Exchange Act (``CEA'' or ``Act'') are not 
    within the scope of this Order.
        \6\ Letter dated February 4, 1998, from Philip McBride Johnson, 
    counsel for SIMEX, to I. Michael Greenberger, Director, CFTC 
    Division of Trading and Markets (``February 4, 1998 Request'').
        \7\ Letter dated April 20, 1998, from Philip McBride Johnson, 
    counsel for SIMEX, to I. Michael Greenberger, Director, CFTC 
    Division of Trading and Markets.
        In this context, the Commission notes that the German 
    Bundesaufsichtsamt fur den Wertpapierhandel, the German government 
    authority responsible for, among other things, cooperation with 
    foreign authorities in matters relating to the supervision of 
    securities and futures exchanges, is a signatory, along with the 
    Commission, of the 1996 Declaration of Cooperation and Supervision 
    of International Futures Markets and Clearing Organizations and the 
    1998 amendment to the Declaration. The Bundesaufsichtsamt fur den 
    Wertpapierhandel has also signed an October 17, 1997 Memorandum of 
    Understanding with the Commission concerning consultation and 
    cooperation in the administration and enforcement of futures laws.
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        In response to a prior Commission inquiry, the Monetary Authority 
    of Singapore (``MAS'') represented that ``the provision of information 
    by (any) MAS official to the [Commission] or any other regulatory body 
    for purposes of making due diligence checks, investigation or market 
    surveillance would not be prohibited by law.'' \8\ By letter dated 
    March 19, 1998, the Commission's Division of Trading and Markets 
    (``Division'') requested that MAS confirm that the information sharing 
    arrangement between the Commission and MAS extended to those 
    transactions that would be the subject of the requested supplemental 
    relief issued to SIMEX.\9\ On July 25, 1998, MAS represented that it 
    ``would not be precluded by law from authorizing SIMEX to furnish any 
    such information, for the purpose of making due diligence checks, 
    investigation or market surveillance.'' \10\ The Division sought 
    additional clarification of the Commission's ability under Singapore 
    law to use, without restriction, information obtained from MAS in 
    enforcement proceedings brought by the Commission.\11\ MAS confirmed 
    that information provided by MAS for the purpose of making due 
    diligence checks, investigations or market surveillance may be used 
    without restriction in any public court proceeding, including any 
    enforcement proceeding brought by the Commission.\12\ The Division also 
    requested additional clarification as to whether MAS or SIMEX would be 
    required to obtain the consent of any account holders or other persons 
    prior to authorizing SIMEX to release information to the 
    Commission.\13\ On April 23, 1999, MAS confirmed that the consent of an 
    account holder or other persons prior to the release of information by 
    MAS or SIMEX to the Commission was not required.\14\
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        \8\ Letter dated January 22, 1994, from Koh Beng Seng, MAS 
    Deputy Managing Director, to Andrea Corcoran, Director, Division of 
    Trading and Markets.
        \9\ Letter dated March 19, 1998, from Andrew S. Baer, Staff 
    Attorney, CFTC Division of Trading and Markets, Philip C. McBride 
    Johnson, counsel for SIMEX.
        \10\ Letter dated Julu 25, 1998, from Tharmon Shanmugaratnam, 
    MAS Deputy Managing Director, to Andrea Corcoran, Director, CFTC 
    Office of International Affairs.
        \11\ Letter dated December 1, 1998, from Laurie Plessala 
    Duperier, Special Counsel, CFTC Division of Trading and Markets, to 
    Tharman Shanmugaratnam, MAS Deputy Managing Director.
        \12\ Letter dated March 5, 1999, from Thanmugaratnam, MAS Deputy 
    Managing Director, to Laurie Plessala Duperier, Special Counsel, 
    CFTC Division of Trading and Markets.
        \13\ Letter dated March 22, 1999, from Laurie Plessala Duperier, 
    Special Counsel, CFTC Division of Trading and Markets, to Tharman 
    Shanmugaratnam, MAS Deputy Managing Director.
        \14\ Letter dated April 23, 1999, from Tharman Shanmugaratnam, 
    MAS Deputy Managing Director, to Laurie Plessala Duperier, Special 
    Counsel, CFTC Division of Trading and Markets.
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        In issuing orders under Rule 30.10, the Commission evaluates 
    whether the particular foreign regulatory program provides a basis for 
    permitting substituted compliance for purposes of exemptive relief 
    pursuant to Rule 30.10. This requirement is designed to ensure that 
    U.S. customers receive comparable protection for trades entered into on 
    or subject to the rules of a foreign exchange regardless of whether the 
    intermediating party is registered with the Commission or has received 
    confirmation of Rule 30.10 relief. In this regard, U.S. FCMs must 
    comply with, for example, regulations dealing with trade practice and 
    auditing standards, minimum financial requirements and the segregation 
    of customer funds while trading on behalf of U.S. customers on foreign 
    exchanges. Similarly, regulatees or members of a Rule 30.10 order 
    recipient trading on behalf of U.S. customers must comply with 
    analogous requirements that have been deemed generally comparable by 
    the Commission in the Rule 30.10 order. The relief under a typical Rule 
    30.10 Order only extends to transactions entered into on an exchange 
    within the jurisdiction of the Rule 30.10 recipient.
        On occasion, the Commission has issued Rule 30.10 orders and/or 
    supplemental orders that permitted members of an exchange with 
    confirmation of Rule 30.10 relief to trade on behalf of U.S. customers 
    on
    
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    other authorized or designated exchanges outside the jurisdiction of 
    the Rule 30.10 recipient.\15\ To ensure that U.S. customers receive 
    adequate protection for transactions intermediated by non-U.S. persons 
    on or subject to the rules of a foreign exchange located outside the 
    jurisdiction of a Rule 30.10 recipient, the Commission requires the 
    jurisdiction to which the Rule 30.10 order is directed to demonstrate 
    that such transactions will be regulated as if they were executed on an 
    exchange located within the recipient's jurisdiction.
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        \15\ In 1989, the Commission issued a series of Rule 30.10 
    orders authorizing firms designated by the U.K. Securities and 
    Investments Board (``SIB'') and certain U.K. ``Self-Regulating 
    Organisations'' (``SROs'') to conduct brokerage activities for U.S. 
    customers on any non-U.S. exchange under designated U.K. law. See 54 
    FR 21599, 21600 (May 19, 1989) (SIB), 54 FR 21604, 21605 (May 19, 
    1989) (Association of Futures Brokers and Dealers (``AFBD'')), 54 FR 
    21609, 21610 (May 19, 1989) (The Securities Association (``TSA'')), 
    and 54 FR 21614, 21615 (May 19, 1989) (Investment Management 
    Regulatory Organisation (``IMRO'')). The AFBD and TSA subsequently 
    merged to form the Securities and Futures Association, which became 
    the successor organization for Rule 30.10 purposes. See 56 FR 14017 
    (April 5, 1991). The SIB recently became the Financial Services 
    Authority (``FSA'').
        In 1996, the Commission issued an order under Rule 30.10 to the 
    New Zealand Futures and Options Exchange (``NZFOE'') permitting 
    NZFOE Dealers to solicit and accept orders from U.S. customers for 
    otherwise permitted transactions on the NZFOE and on any non-U.S. 
    exchange where such Dealers are permitted under New Zealand law to 
    conduct futures business for customers. The Commission also has 
    issued similar orders granting supplemental relief to the Sydney 
    Futures Exchange (``SFE''), 58 FR 19209 (April 13, 1993), and the 
    Montreal Exchange, 62 FR 8875 (February 27, 1997).
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        Upon due consideration, and for the reasons stated in the Original 
    Order and above, the Commission has determined to issue this 
    Supplemental Order permitting SIMEX Members to which Rule 30.10 relief 
    has been confirmed by the Commission or by the National Futures 
    Association to solicit and to accept orders from U.S. customers for 
    otherwise permitted transactions in futures and option (including 
    options on futures) on or subject to the rules of Eurex.\16\
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        \16\ The Commission notes that the Division of Trading and 
    Markets originally issued a no-action letter permitting Eurex 
    electronic terminals providing access to Eurex to be placed in the 
    United States without Eurex having to acquire contract market 
    designation pursuant to Section 5 of the CEA and allowing Eurex 
    members to execute transactions involving Eurex futures and options 
    products from U.S.-based Eurex terminals. See CFTC Staff Letter No. 
    96-28, (1996-1998 Transfer Binder) Comm. Fut. L. Rep. (CCH) para. 
    26,669 (February 29, 1996), as modified by, CFTC Staff Letter No. 
    98-42 (1996-1998 Transfer Binder) Comm. Fut. L. Rep. (CCH) para. 
    27,365 (Eurex members who were not already operating U.S.-based 
    Eurex terminals were prevented from placing Eurex terminals in the 
    United States absent written authorization). On August 10, 1999, the 
    Division of Trading and Markets issued another no-action letter 
    expanding the relief set forth in CFTC Staff Letter 96-28 to permit 
    current and future Eurex members to install additional U.S.-based 
    Eurex terminals and authorizing Eurex members to accept orders 
    through U.S. automated order routing systems (``AORSs'') from U.S. 
    customers for transmission to Eurex. See Letter from I. Michael 
    Greenberger, Director, Division of Trading and Markets, to Edward J. 
    Rosen, Esq., counsel for Eurex, dated August 10, 1999. Although the 
    relief provided for within this Supplemental Order will permit SIMEX 
    Members to intermediate trades for U.S. customers on Eurex, nothing 
    herein permits SIMEX electronic terminals providing access to SIMEX 
    and Eurex to be placed in the United States, or otherwise authorizes 
    SIMEX Members to accept orders through U.S. AORSs from U.S. 
    customers for transmission to either SIMEX or Eurex, without SIMEX 
    having to acquire contract market designation pursuant to section 5 
    of the CEA or receive comparable no-action relief.
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        The expanded Rule 30.10 relief provided under this Supplemental 
    Order, however, is contingent upon SIMEX's and SIMEX Members' 
    compliance with certain conditions outlined below. In its April 20, 
    1998 Request, SIMEX represented on its own behalf and on behalf of 
    SIMEX Members to undertake the following conditions:
    
        (1) SIMEX will carry out its compliance, surveillance and rule 
    enforcement activities with respect to solicitations and acceptance 
    of orders by designated Exchange Members of U.S. customers for 
    futures and options business on Eurex to the same extent that it 
    conducts such activities in regard to SIMEX business;
        (2) SIMEX will cooperate with the Commission with respect to any 
    inquiries concerning any activity which is the subject of this 
    Supplemental Order, including sharing the information specified in 
    appendix A to the part 30 rules, 17 CFR part 30, on an ``as needed 
    basis,'' on the same basis as set forth in the Original Order;
        (3) Each SIMEX Member firm seeking to engage in activities which 
    are the subject of this Supplemental Order must agree to provide to 
    the Commission the books and records related to such activities 
    required to be maintained under the applicable SIMEX rules and laws 
    in effect in Singapore on the same basis as set forth in the 
    Original Order.\17\
    
        \17\ SIMEX Member firms which currently operate under the 
    Original Order will be deemed to have consented to condition (3) by 
    effecting transactions pursuant to this Supplemental Order. SIMEX 
    Members which apply for confirmation of Rule 30.10 relief subsequent 
    to the issuance of this Supplementary Order must submit 
    representations to the Commission consistent with condition (3) of 
    this Order.
    
        Furthermore, the Commission seeks to ensure that the funds of U.S. 
    customers will be subject to consistent protection irrespective of 
    whether the SIMEX Member effects trades directly on SIMEX, on Eurex or 
    through the intermediation of a foreign exchange member. Accordingly, 
    the expanded relief permitting SIMEX Member firms to engage in foreign 
    futures and options transactions for U.S. customers on Eurex under this 
    Supplemental Order will be contingent upon compliance by the SIMEX 
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    Member firm with the following additional conditions:
    
        (4) The SIMEX Member firm will continue to comply with the terms 
    of the Original Order with respect to transactions effected for U.S. 
    customers on the SIMEX; \18\
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        \18\ See CFTC Advisory 87-4, Foreign Futures and Options: 
    Compliance and Operational Questions and Answers, November 18, 1987, 
    reprinted in Comm. Fut. L. Rep. (CCH) para. 23,975.
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        (5) With respect to transactions effected on Eurex on behalf of 
    U.S. customers, whether by the SIMEX Member directly as a clearing 
    member of Eurex or through the intermediation of one or more 
    intermediaries, the SIMEX Member complies with paragraphs 1, 2 or 3 
    below:
        1. a. Must maintain in a separate account or accounts money, 
    securities and property in an amount at least sufficient to cover or 
    satisfy all of its current obligations to U.S. customers denominated 
    as the foreign futures or foreign options secured amount;
        b. May not commingle such money, securities and property with 
    the money, securities or property of the Member, with any 
    proprietary account of such Member and may not use such money, 
    securities and property to secure or guarantee the obligations of, 
    or extend credit to, the member or any proprietary account of the 
    Member;
        c. May deposit together with the secured amount required to be 
    on deposit in the separate account or accounts referred to in 
    paragraph (5)1.a. above, money, securities or property held for or 
    on behalf of non-U.S. customers of the Member for the purpose of 
    entering into foreign futures and options transactions. In such a 
    case, the amount that must be deposited in such separate account or 
    accounts must be no less than the greater of (1) the foreign futures 
    and foreign options secured amount required by paragraph (5)1.a. 
    above, plus the amount that would be required to be on deposit if 
    all such customers (including non-U.S. customers) were subject to 
    such requirement, or (2) the foreign futures and foreign options 
    secured amount required by paragraph (5)1.a. above, plus the amount 
    required to be held in a separate account or accounts for or on 
    behalf of such non-U.S. customers pursuant to any applicable law, 
    rule, regulation or order, or any rule of any self-regulatory 
    organization;
        d. The separate account or accounts referred to in paragraph 
    (5)1.a. above must be maintained under an account name that clearly 
    identifies them as such, with any of the following depositories:
    
        (1) Another person registered with the Commission as a futures 
    commission merchant (``FCM'') or a firm exempted from FCM 
    registration pursuant to CFTC Rule 30.10;
        (2) The clearing organization of any foreign board of trade;
        (3) Any member and/or clearing member of such foreign board of 
    trade; or
    
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        (4) A bank or trust company which any of the depositories 
    identified in (1)-(3) above may use consistent with the applicable 
    laws and rules of the jurisdiction in which the depository is 
    located; and
        e. The separate account or accounts referred to in paragraph 
    (5)1.a. above may be deemed a good secured amount depository only if 
    the Member obtains and retains in its files for the period required 
    by applicable law and SIMEX rules a written acknowledgment from such 
    separate account depository that it:
        (1) Was informed that such money, securities or property are 
    held for or on behalf of customers of the Member; and
        (2) Will ensure that such money, securities or property will be 
    held and treated at all times effectively in accordance with the 
    provisions of this paragraph; and, provided further, that the Member 
    assures itself that such separate account depository will not pass 
    on such money, securities or property to any other depository unless 
    the Member has assured itself that all such other separate account 
    depositories will treat such funds in a manner consistent with the 
    procedures described in paragraph (5)1 herein; \19\ or,
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        \19\ This proviso is intended to ensure that the originating 
    Member makes reasonable inquiries and understands prior to the 
    initiation of a trade the conditions under which its customers' 
    funds will be held at all subsequent depositories, so that it may 
    determine whether it may count a particular intermediary or clearing 
    house as a good separate account depository for purposes of this 
    Order or must alternatively set aside funds in the manner set forth 
    in paragraph (5)2. The Member initially would discuss with its 
    immediate intermediary broker whether funds will be transferred to 
    any subsequent depositories and determine the conditions under which 
    such funds would be treated. Compliance with this condition would be 
    satisfied by the Member obtaining relevant information or assurances 
    from appropriate sources such as, for example, the immediate 
    intermediary broker, exchanges or clearinghouses, exchange 
    regulators, banks, attorneys or regulatory references.
        This requirement is intended to ensure that funds provided by 
    U.S. customers for foreign futures and options transactions, whether 
    held at U.S. FCM under Commission rule 30.7(c) or a firm exempted 
    from registration as an FCM under CFTC Rule 30.10, will receive 
    equivalent protections at all intermediaries and exchange clearing 
    organizations. Thus, for example, an exchange that does not 
    segregate customer from firm obligations and firms which trade on 
    such exchanges and which do not arrange to comply otherwise with any 
    of the procedures described in paragraph (5) above would not be 
    deemed an acceptable separate account. Specifically, such exchange 
    or firms could not provide a valid and binding acknowledgement to a 
    Rule 30.10 exempted firm.
        This provision is not intended to create a duty on a Rule 30.10 
    firm that it audit any intermediaries for continued compliance with 
    the undertakings it has obtained based on discussions with those 
    relevant intermediaries. It is intended to make clear that firms 
    must engage in a due diligence inquiry before customer funds are 
    sent to another intermediary and take appropriate action (i.e., set 
    aside funds) in the event it becomes aware of facts leading it to 
    conclude that customer funds are not being handled consistent with 
    the requirements of Commission rules or relevant Rule 30.10 order by 
    any subsequent intermediary or clearing house.
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        2. Must set aside funds constituting the entire secured amount 
    requirement in a separate account as set forth in Commission Rule 
    30.7, 17 CFR 30.7, and treat those funds in a manner described by 
    that rule; or
        3. Complies with the terms and procedures of paragraph 1 or 2, 
    except that the amount required to be segregated under SIMEX rules 
    and Singapore law may be substituted for the secured amount 
    requirement as set forth in such paragraphs.
    
    Any Singapore laws or regulations or SIMEX rules that would permit a 
    SIMEX Member to obtain from its customers a waiver, acknowledgment, or 
    similar document in which such customer effectively waives the right to 
    segregation would be inconsistent with compliance with paragraphs 1, 2 
    or 3.
        The expanded Rule 30.10 relief provided by this Supplemental Order 
    is contingent upon SIMEX's and SIMEX Members' continued compliance with 
    the Original Order and enumerated conditions therein. The expanded Rule 
    30.10 relief provided under this Supplemental Order is also contingent 
    upon MAS's compliance with the terms and conditions of the information 
    sharing arrangement with the Commission described herein.
        This Supplemental Order is issued based on the information provided 
    to the Commission as set forth herein, including the letter dated 
    February 4, 1998 from SIMEX and the letter dated April 23, 1999 from 
    MAS. Any changes or material omissions may require the Commission to 
    reconsider the authorization granted in this Supplemental Order.
        Further, if experience demonstrates that the continued 
    effectiveness of this Order in general, or with respect to a particular 
    Member, would be contrary to public policy or the public interest, or 
    that the systems in place for the exchange of information or other 
    circumstances do not warrant continuation of the exemptive relief 
    granted herein, the Commission may condition, modify, suspend, 
    terminate, withhold as to a specific Member, or otherwise restrict the 
    exemptive relief granted in this Order, as appropriate, on its own 
    motion. If necessary, provisions will be made for servicing existing 
    client positions.
        Should SIMEX seek to extend its Rule 30.10 relief to allow its 
    members to solicit and accept orders form U.S. customers for otherwise 
    permitted transactions on any non-U.S. exchange authorized by Singapore 
    law, it must: (1) Prohibit its members from intermediating otherwise 
    permitted transactions for U.S. customers on unapproved foreign 
    exchanges as set forth under local law, and must specify which 
    exchanges are authorized by local law; \20\ (2) represent that member 
    firms with U.S. customers will comply with all the terms and conditions 
    of the original Rule 30.10 Order with respect to transactions entered 
    into on or subject to the rules of a foreign exchange located outside 
    its jurisdiction; and (3) confirm that it has the authority and the 
    ability to enforce its laws, rules and/or regulations with respect to 
    those transactions to the same extent that it conducts such activities 
    on an exchange located within its jurisdiction. Other Rule 30.10 order 
    recipients requesting expanded relief must make the above 
    representations and showings.
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        \20\ For example, in the United Kingdom, IMRO and SFA have 
    received Supplemental Rule 30.10 Orders from the Commission that 
    authorize their member firms to handle transactions on behalf of 
    U.S. customers on non-U.K. exchanges determined by the FSA to meet 
    adequate standards of investor protection, See 62 FR 10447 (March 7, 
    1997)(SFA); 62 FR 10449 (March 7, 1997)(IMRO). Pursuant to the 
    United Kingdom Financial Services Act, these exchanges are 
    classified as Designated Investment Exchanges (``DIEs'') See, e.g., 
    62 FR 10447, n.3. To determine whether a non-U.K. exchange qualifies 
    as a DIE, the SIB evaluates the foreign exchange's regulatory 
    program according to standards set forth in its own rules and 
    regulations. See, e.g., id. (citing the SFA Financial Services 
    (Glossary and Interpretation) Rules and Regulations 1990). The 
    Commission has also authorized designated members of the SFE to 
    solicit and accept orders from U.S. customers for otherwise 
    permitted transactions on any non-U.S. exchange ``recognized'' by 
    Australian law. See 58 FR 19209 (April 13, 1993). Section 9(b) of 
    the Australian Corporations Law requires the Australian Attorney-
    General to confirm a foreign exchange as ``recognized'' before an 
    Australian futures broker may enter into futures or options 
    transactions on that exchange on behalf of another person. Id. at 
    19210. If the Rule 30.10 jurisdiction does not have a specific 
    statute regarding authorized or recognized exchanges, then the 
    jurisdiction must specify that in its application.
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    List of Subjects in 17 CFR Part 30
    
        Commodity futures, Commodity options, Foreign futures and options.
    
        Accordingly, 17 CFR part 30 is amended as set forth below:
    
    PART 30--FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS
    
        1. The authority citation for part 30 continues to read as follows:
    
        Authority: 7 U.S.C. 1a, 2, 4, 6, 6c and 12a, unless otherwise 
    noted.
    
        2. Appendix C to Part 30 is amended by adding the following 
    citation to the existing entry for the Singapore International Monetary 
    Exchange to read as follows:
    
    Appendix C to Part 30--Foreign Petitioners Granted Relief From the 
    Application of Certain of the Part 30 Rules Pursuant to Sec. 30.10
    
    * * * * *
    FR date and citation: ________, 1999, ________ FR ________.
    
    
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        Issued in Washington, DC on September 9, 1999.
    Jean A. Webb,
    Secretary of the Commission.
    [FR Doc. 99-24017 Filed 9-15-99; 8:45 am]
    BILLING CODE 6351-01-M
    
    
    

Document Information

Effective Date:
9/16/1999
Published:
09/16/1999
Department:
Commodity Futures Trading Commission
Entry Type:
Rule
Action:
Supplemental order.
Document Number:
99-24017
Dates:
September 16, 1999.
Pages:
50248-50252 (5 pages)
PDF File:
99-24017.pdf
CFR: (1)
17 CFR 30