cfr_sections
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39 rows where agency = "CFTC" and part_number = 140 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 17:17:2.0.1.1.12.1.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | A | Subpart A—Organization | § 140.1 Headquarters office. | CFTC | [48 FR 2734, Jan. 21, 1983, as amended at 60 FR 49335, Sept. 25, 1995] | (a) General. The headquarters office of the Commission is located at Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. (b) [Reserved] | ||||
| 17:17:2.0.1.1.12.1.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | A | Subpart A—Organization | § 140.2 Regional office—Regional Administrator. | CFTC | [69 FR 41426, July 9, 2004, as amended at 72 FR 16269, Apr. 4, 2007; 89 FR 71813, Sept. 4, 2024] | Each of the Regional offices described herein functions as set forth in this section under the direction of a Regional Administrator who, as a collateral duty, oversees the administration of the office and represents the Commission in negotiations with employee union officials and in interactions with external parties. Each regional office has delegated authority for the enforcement of the Act and administration of the programs of the Commission in the particular regions. (a) The Eastern Regional Office is located at 290 Broadway, 6th Floor, New York, NY 10007 and is responsible for enforcement of the Act and administration of programs of the Commission in the States of Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia. (b) The Central Regional Office is located at 77 W. Jackson Blvd., Suite 800, Chicago, IL 60604 and is responsible for enforcement of the Act and administration of programs of the Commission in the States of Illinois, Indiana, Michigan, Ohio and Wisconsin. (c) The Southwestern Regional Office is located at 2600 Grand Blvd, Suite 210, Kansas City, MO 64108, and is responsible for enforcement of the Act and administration of the programs of the Commission in the States of Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. | ||||
| 17:17:2.0.1.1.12.2.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.10 The Commission. | CFTC | [41 FR 28474, July 12, 1976] | The Commission is composed of a Chairman and four other Commissioners, not more than three of whom may be members of the same political party, who are appointed by the President, with the advice and consent of the Senate, for 5-year terms, one term ending each year. The Commission is assisted by a staff, which includes lawyers, economists, accountants, investigators and examiners, as well as administrative and clerical employees. | ||||
| 17:17:2.0.1.1.12.2.1.10 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.24 Control and accountability procedures. | CFTC | [48 FR 15464, Apr. 11, 1983, as amended at 61 FR 21955, May 13, 1996; 89 FR 71813, Sept. 4, 2024] | Persons entrusted with classified information shall be responsible for providing protection and accountability for such information at all times and for locking classified information in approved security equipment whenever it is not in use or under direct supervision of authorized persons. (a) General safeguards. (1) Classified material must not be left in unoccupied rooms or be left inadequately protected in an occupied office, or one occupied by other than security cleared employees. Under no circumstances shall classified material be placed in desk drawers or anywhere other than in approved storage containers. (2) Employees using classified material shall take every precaution to prevent deliberate or casual inspection of it by unauthorized persons. Classified material shall be kept under constant surveillance and face down or covered when not in use. (3) All copies of classified documents and any informal material such as memoranda, rough drafts, shorthand notes, carbon copies, carbon paper, typewriter ribbons, recording discs, spools and tapes shall be given the same classification and secure handling as the classified information they contain. (4) Commission personnel authorized to use classified materials will obtain them from the Executive Director or their designee on the day required and return them to the Executive Director or their designee before the close of business on the same day. (5) Classified information shall not be revealed in telephone or telecommunications conversations. (6) Any person who has knowledge of the loss or possible compromise of classified information shall immediately report the circumstances either to the Security Officer or to the Executive Director or their designee in consultation with the General Counsel or their designee. The Executive Director or his delegee shall initiate a preliminary inquiry to determine the circumstances surrounding an actual or possible compromise, and to determine what corrective measures and administrative, disciplinary, or legal action … | ||||
| 17:17:2.0.1.1.12.2.1.11 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.61 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.12 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.72 Delegation of authority to disclose confidential information to a registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization. | CFTC | [48 FR 22134, May 17, 1983, as amended at 57 FR 20638, May 14, 1992; 61 FR 1709, Jan. 23, 1996; 66 FR 1576, Jan. 9, 2001; 67 FR 62352, Oct. 7, 2002; 73 FR 79609, Dec. 30, 2008; 77 FR 66346, Nov. 2, 2012; 78 FR 21523, Apr. 11, 2013; 78 FR 22419, Apr. 16, 2013; 82 FR 28769, June 26, 2017; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to the authority granted under sections 2(a)(11), 8a(5) and 8a(6) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the Executive Director, the Director of the Market Participants Division, the Director of the Division of Clearing and Risk, the Chief Accountant, the General Counsel, the Director of the Division of Market Oversight, the Director of the Division of Data, the Director of the Division of Enforcement, the Chief Economist of the Office of the Chief Economist, the Director of the Office of International Affairs, or such other employee or employees as the General Counsel, Directors, Chief Accountant or Chief Economist each may designate, the authority to disclose to an official of any registered entity, swap execution facility, swap data repository, registered futures association, or self-regulatory organization as defined in section 3(a)(26) of the Securities Exchange Act of 1934, any information necessary or appropriate to effectuate the purposes of the Act, including, but not limited to, the full facts concerning any transaction or market operation, including the names of the parties thereto. This authority to disclose shall be based on a determination that the transaction or market operation disrupts or tends to disrupt any market or is otherwise harmful or against the best interests of producers, consumers, or investors or that disclosure is necessary or appropriate to effectuate the purposes of the Act. (b) Disclosure under this section shall only be made to a registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization official who is named in a list filed with the Commission by the chief executive officer of the registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization, which sets forth the official's name, business address and telephone number. The chief executive officer shall thereafter notify … | ||||
| 17:17:2.0.1.1.12.2.1.13 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.73 Delegation of authority to disclose information to United States, States, and foreign government agencies and foreign futures authorities. | CFTC | [48 FR 22135, May 17, 1983, as amended at 57 FR 20638, May 14, 1992; 61 FR 1709, Jan. 23, 1996; 66 FR 1576, Jan. 9, 2001; 67 FR 62352, Oct. 7, 2002; 73 FR 79609, Dec. 30, 2008; 78 FR 22419, Apr. 16, 2013; 82 FR 28770, June 26, 2017; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to sections 2(a)(11), 8a(5) and 8(e) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the General Counsel, the Director of the Division of Enforcement, the Director of the Division of Data, the Director of the Division of Market Oversight, the Director of the Market Participants Division, the Director of the Division of Clearing and Risk, the Chief Economist of the Office of the Chief Economist, the Director of the Office of International Affairs, or such other employee or employees as the General Counsel, Chief Economist or Directors listed in this section each may designate the authority to furnish information in the possession of the Commission obtained in connection with the administration of the Act, upon written request, to: (1) Any department or agency of the United States, including for this purpose an independent regulatory agency, acting within the scope of its jurisdiction; (2) Any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction; or (3) Any foreign futures authority, as defined in section 1a(10) of the Act, or any department or agency of any foreign government or political subdivision thereof, acting within the scope of its jurisdiction, provided that the Commission official making the disclosure is satisfied that the information will not be disclosed except in connection with an adjudicatory action or proceeding brought under the laws of such foreign government or political subdivision to which such foreign government or political subdivision or any department or agency thereof, or foreign futures authority is a party. (b) Any disclosure made pursuant to paragraph (a) of this section shall be made with the concurrence of the Director of the Division of Enforcement or in their absence a Deputy Director of the Division of Enforcement. Provided, however, that no such concurrence is necessary for the Director of Market Oversight or in their absence each Deputy Director of… | ||||
| 17:17:2.0.1.1.12.2.1.14 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.74 Delegation of authority to issue special calls for Series 03 Reports. | CFTC | [82 FR 28770, June 26, 2017] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Enforcement, or such other employee or employees as the Director may designate from time to time, the authority to issue special calls for series 03 reports under § 18.00 of this chapter. (b) The Director of the Division of Enforcement may submit any matter which has been delegated to the Director under this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Enforcement under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.15 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.75 Delegation of authority to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division. | CFTC | [48 FR 22136, May 17, 1983, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | Pursuant to sections 2(a)(11), 8a(5) and 8(g) of the Act, the Commission hereby delegates to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as either Director may designate, the authority to disclose any registration information contained in the registration applications filed by Commission registrants or any compilation of such information maintained by the Commission to any department or agency of any State or any political subdivision thereof. Disclosure under this section may be made upon reasonable request made to the Commission or without request whenever the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, or any Commission employee designated by either Director to make disclosures under this section determines that such information may be appropriate for use by any department or agency of a State or political subdivision thereof. Notwithstanding the provisions of this section, in any case in which the Director of Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight deems it appropriate, or in any case in which the Commission so requests, the Director may submit matter to the Commission for its consideration. | ||||
| 17:17:2.0.1.1.12.2.1.16 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.76 Delegation of authority to disclose information in a receivership or bankruptcy proceeding. | CFTC | [49 FR 4464, Feb. 7, 1984, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to sections 2(a)(11) and 8(b) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any Commission employee under their direction as they may designate Commission employee under their direction as they may designate, the authority to disclose data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers, when such disclosure is made in any receivership proceeding involving a receiver appointed in a judicial proceeding brought under the Act, or in any bankruptcy proceeding in which the Commission has intervened or in which the Commission has the right to appear and be heard under title 11 of the United States Code. (b) Notwithstanding the provisions of paragraph (a), in any case in which the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any employee designated by them to make disclosures pursuant to this section believes it appropriate, the matter may be submitted to the Commission for consideration. In addition, the Commission reserves to itself the authority to determine whether to grant a request for information in any particular case. | ||||
| 17:17:2.0.1.1.12.2.1.17 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.77 Delegation of authority to determine that applications for contract market designation, swap execution facility registration, or swap data repository registration are materially incomplete. | CFTC | [48 FR 34946, Aug. 2, 1983, as amended at 57 FR 20638, May 14, 1992; 67 FR 62353, Oct. 7, 2002; 77 FR 66347, Nov. 2, 2012] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designees, the authority to determine that an application for contract market designation, swap execution facility registration, or swap data repository registration is materially incomplete under section 6 of the Commodity Exchange Act and to so notify the applicant. (b) The Director of the Division of Market Oversight may submit any matter which has been delegated to the director under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Market Oversight under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.18 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.80 Disclosure of information pursuant to a subpoena or summons. | CFTC | [49 FR 4464, Feb. 7, 1984] | The Commission shall provide notice to any person who has submitted information to the Commission when a summons or subpoena seeking the submitted information is received by the Commission. Notice ordinarily will be provided by mailing a copy of the summons or subpoena to the last known home or business address of the person who submitted the information. However, under circumstances which would make notice by mail unduly burdensome or costly, notice of the existence of the summons or subpoena may be affected by alternative means such as publication in the Federal Register. The Commission will not disclose such information until the expiration of at least fourteen days from the date of mailing, or such other notice as is given. This section shall not apply to (a) Congressional subpoenas or Congressional requests for information, (b) information which is considered by the Commission to be public information, or (c) information as to which the submitter has waived the notice provision of this section. | ||||
| 17:17:2.0.1.1.12.2.1.19 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.81 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.11 Emergency action by the senior Commissioner available. | CFTC | [41 FR 28474, July 12, 1976, as amended at 89 FR 71813, Sept. 4, 2024] | (a) Authority of senior Commissioner. When it is not feasible to convene a quorum of the Commission, the Senior Commissioner present at the Commission headquarters (or, during non-business hours, available in the Washington, DC area) may take emergency action on behalf of and in the name of the Commission in accordance with the procedures set forth in this section. Members of the Commission shall be considered senior in the following order: the Chairman and other Commissioners in order of their length of service on the Commission. Where two or more Commissioners have commenced their service on the same date, the Commissioner whose unexpired term in office is the longest will be considered senior. (b) Exercise of authority. Subject to the right of the Commission to review any emergency action taken as hereinafter provided, the Senior Commissioner may act on behalf of and in the name of the Commission with respect to all of the functions of the Commission except general rulemaking functions: Provided, however, That the Senior Commissioner shall not exercise any authority on behalf of the Commission (1) without consultation with such other member of the Commission as may at the time be present at the Commission's Washington, DC headquarters, and without a reasonable attempt to consult, by telephone, with other members of the Commission; and (2) unless, in the opinion of the Senior Commissioner (after consulting with the General Counsel or his deputy or associate, and such other members of the Commission staff as the Senior Commissioner deems appropriate) the public interest requires that action be taken prior to the next scheduled meeting of the Commission. (c) Report to the Commission. The exercise of Senior Commissioner authority shall be reported to the Commission within one business day thereafter either by the Senior Commissioner or at their direction, and shall be recorded by the Secretariat in the Minute Record of all official actions of the Commission. The Secretariat shall promptly notify any dire… | ||||
| 17:17:2.0.1.1.12.2.1.20 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.91 Delegation of authority to the Director of the Division of Clearing and Risk and to the Market Participants Division. | CFTC | [44 FR 13460, Mar. 12, 1979, as amended at 60 FR 8195, Feb. 13, 1995; 66 FR 43087, Aug. 17, 2001; 66 FR 53523, Oct. 23, 2001; 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 78 FR 68655, Nov. 14, 2013; 79 FR 44126, July 30, 2014; 85 FR 57570, Sept. 15, 2020; 89 FR 71813, Sept. 4, 2024] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 1.10 of this chapter, except for those relating to nonpublic treatment of reports set forth in § 1.10(g) of this chapter; (2) All functions reserved to the Commission in § 1.12 of this chapter; (3) All functions reserved to the Commission in § 1.14 of this chapter; (4) All functions reserved to the Commission in § 1.15 of this chapter; (5) All functions reserved to the Commission in § 1.16 of this chapter; and (6) All functions reserved to the Commission in § 1.17 of this chapter, except for those relating to non-enumerated cover cases set forth in § 1.17(j)(3) of this chapter. (7) All functions reserved to the Commission in § 1.20 of this chapter. (8) All functions reserved to the Commission in § 1.25 of this chapter. (9) All functions reserved to the Commission in § 1.26 of this chapter. (10) All functions reserved to the Commission in § 1.52 of this chapter. (11) All functions reserved to the Commission in § 23.100-106 of this chapter, except for those related to the revocation of a swap dealer's or major swap participant's approval to use internal models to compute capital requirements under § 23.102 of this chapter, those related to the Commission's order under § 23.104 of this chapter, and the issuance of Capital Comparability Determinations under § 23.106 of this chapter. (12) All functions reserved to the Commission in § 30.7 of this chapter. (13) All functions reserved to the Commission in § 41.41 of this chapter. Any action taken pursuant to the delegation of authority under this paragraph (a)(13) shall be made with the concurrence of the General Counsel or, in their absence, a Deputy General Counsel. (b) The Director of the D… | ||||
| 17:17:2.0.1.1.12.2.1.21 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.92 Delegation of authority to grant registrations and renewals thereof. | CFTC | [45 FR 20785, Mar. 31, 1980, as amended at 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate, the authority to grant registrations and renewals thereof. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.22 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.93 Delegation of authority to the Director of the Market Participants Division. | CFTC | [46 FR 26023, May 8, 1981, as amended at 46 FR 34311, July 1, 1981; 50 FR 15884, Apr. 23, 1985; 52 FR 41986, Nov. 2, 1987; 67 FR 62353, Oct. 7, 2002; 70 FR 2566, Jan. 14, 2005; 78 FR 22419, Apr. 16, 2013; 81 FR 704, Jan. 6, 2016] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 4.12(a) of this chapter. (2) All functions reserved to the Commission in § 4.22(g)(3) of this chapter. (3) All functions reserved to the Commission in § 4.20(a) of this chapter. (4) All functions reserved to the Commission in § 4.5(c)(2)(ii) of this chapter. (5) All functions reserved to the Commission in § 4.6(b) of this chapter. (6) All functions reserved to the Commission in §§ 23.150 through 23.161 of this chapter. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.23 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.94 Delegation of authority to the Director of the Market Participants Division and to the Director of the Division of Clearing and Risk. | CFTC | [78 FR 22420, Apr. 16, 2013, as amended at 78 FR 72514, Dec. 2, 2013; 85 FR 4900, Jan. 27, 2020; 85 FR 67189, Oct. 21, 2020; 86 FR 968, Jan. 7, 2021; 88 FR 53698, Aug. 8, 2023] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 5.7 of this chapter; (2) All function reserved to the Commission in § 5.10 of this chapter; (3) All functions reserved to the Commission in § 5.11 of this chapter; (4) All functions reserved to the Commission in § 5.12 of this chapter, except for those relating to nonpublic treatment of reports set forth in § 5.12(i) of this chapter; and (5) All functions reserved to the Commission in § 5.14 of this chapter. (b) The Director of the Market Participants Division may submit any matter which has been delegated to him or her under paragraph (a) of this section to the Commission for its consideration. (c) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to such members of the Commission's staff actingunder their direction as they may designate: (1) The authority to review applications for registration as a derivatives clearing organization filed with the Commission under § 39.3(a)(1) of this chapter, to determine that an application is materially complete pursuant to § 39.3(a)(2) of this chapter, to request additional information in support of an application pursuant to § 39.3(a)(4) of this chapter, to extend the review period for an application pursuant to § 39.3(a)(7) of this chapter, to stay the running of the 180-day review period if an application is incomplete pursuant to § 39.3(b)(1) of this chapter, to review requests for amendments to orders of registration filed with the Commission under § 39.3(d)(1) of this chapter, to request additional information in support of a request for an amendment to an order of registration pursuant to § 39.3(d)(2) of this chapter, and to request add… | ||||
| 17:17:2.0.1.1.12.2.1.24 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.95 Delegation of authority with respect to withdrawals from registration. | CFTC | [46 FR 48918, Oct. 5, 1981, as amended at 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate, the authority to review, postpone, condition, deny, or otherwise act upon a request for withdrawal from registration. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section shall prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.25 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.96 Delegation of authority to publish in the Federal Register. | CFTC | [50 FR 47532, Nov. 19, 1985, as amended at 55 FR 35897, Sept. 4, 1990; 57 FR 20638, May 14, 1992; 67 FR 62353, Oct. 7, 2002; 7 FR 66347, Nov. 2, 2012; 78 FR 22419, Apr. 16, 2013] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designee, or the Director of the Division of Data or the Director's designee, with the concurrence of the General Counsel or the General Counsel's designee, the authority to publish in the Federal Register notice of the availability for comment of the proposed terms and conditions of applications for contract market designation, swap execution facility and swap data repository registration, and to determine to publish, and to publish, requests for public comment on proposed exchange, swap execution facility, or swap data repository rules, and rule amendments, when there exists novel or complex issues that require additional time to analyze, an inadequate explanation by the submitting registered entity, or a potential inconsistency with the Act, including regulations under the Act. (b) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designee, and to the Director of the Director of the Market Participants Division or the Director's designee, and to the Director of the Division of Clearing and Risk or the Director's designee, with the concurrence of the General Counsel or the General Counsel's designee, the authority to determine to publish, and to publish, in the Federal Register, requests for public comment on proposed rule amendments by a derivatives clearing organization, designated contract market, swap data repository, swap execution facility, or registered futures association when publication of the proposed rule amendment is in the public interest and will assist the Commission in considering the views of interested persons. (c) The Director of the Division of Market Oversight or the Director of the Market Participants Division or the Director of the Division of Clearing and Risk or the Dir… | ||||
| 17:17:2.0.1.1.12.2.1.26 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.97 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.27 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.98 Publication of no-action, interpretative and exemption letters and other written communications. | CFTC | [57 FR 61291, Dec. 24, 1992] | (a) Except as provided in paragraphs (b) and (c) of this section, and except for applications for orders granting exemptions submitted pursuant to section 4(c) of the Commodity Exchange Act and any written responses thereto, each written response by the Commission or its staff to a letter or other written communication requesting: (1) Interpretative legal advice with respect to the Commodity Exchange Act or any rule, regulation or order issued or adopted by the Commission thereunder; (2) A statement that, on the basis of the facts stated in such letter or other communication, the staff would not recommend that the Commission take any enforcement action; or (3) An exemption, on the basis of the facts stated in such letter or other communication, from the provisions of the Commodity Exchange Act or any rules, or regulations or orders issued or adopted by the Commission thereunder; shall be made available, together with the letter or other written communication making the request, for inspection and copying by any person as soon as practicable after the response has been sent or given to the person requesting it. (b) Any person submitting a letter or other written communication making such a request may also submit therewith a request that the letter or other written communication, as well as any Commission or staff response thereto, be accorded confidential treatment for a specified period of time, not exceeding 120 days from the date of the response thereto, together with a statement setting forth the considerations upon which the request for such treatment is based. If the staff determines that the request is reasonable and appropriate it will be granted and the letter or other written communication as well as the response thereto will not be made available for public inspection or copying until the expiration of the specified period. If it appears to the staff that the request for confidential treatment should be denied, the staff shall so advise the person making the request and such person may withdraw the… | ||||
| 17:17:2.0.1.1.12.2.1.28 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.99 Requests for exemptive, no-action and interpretative letters. | CFTC | [63 FR 68181, Dec. 10, 1998, as amended at 65 FR 47859, Aug. 4, 2000; 66 FR 44967, Aug. 27, 2001; 67 FR 62353, Oct. 7, 2002; 69 FR 41426, July 9, 2004; 77 FR 66347, Nov. 2, 2012; 78 FR 22419, Apr. 16, 2013; 80 FR 59578, Oct. 2, 2015; 89 FR 71813, Sept. 4, 2024] | (a) Definitions. For the purpose of this section: (1) Exemptive letter means a written grant of relief issued by the staff of a Division of the Commission from the applicability of a specific provision of the Act or of a rule, regulation or order issued thereunder by the Commission. An exemptive letter may only be issued by staff of a Division when the Commission itself has exemptive authority and that authority has been delegated by the Commission to the Division in question. An exemptive letter binds the Commission and its staff with respect to the relief provided therein. Only the Beneficiary may rely upon the exemptive letter. (2) No-action letter means a written statement issued by the staff of a Division of the Commission or of the Office of the General Counsel that it will not recommend enforcement action to the Commission for failure to comply with a specific provision of the Act or of a Commission rule, regulation or order if a proposed transaction is completed or a proposed activity is conducted by the Beneficiary. A no-action letter represents the position only of the Division that issued it, or the Office of the General Counsel if issued thereby. A no-action letter binds only the issuing Division or the Office of the General Counsel, as applicable, and not the Commission or other Commission staff. Only the Beneficiary may rely upon the no-action letter. (3) Interpretative letter means written advice or guidance issued by the staff of a Division of the Commission or the Office of the General Counsel. An interpretative letter binds only the issuing Division or the Office of the General Counsel, as applicable, and does not bind the Commission or other Commission staff. An interpretative letter may be relied upon by persons in addition to the Beneficiary. (4) Letter means an exemptive, no-action or interpretative letter. (5) Division means the Market Participants Division, the Division of Clearing and Risk, the Division of Market Oversight, the Division of Data, or the Office of the Gener… | ||||
| 17:17:2.0.1.1.12.2.1.3 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.12 Disposition of business by seriatim Commission consideration. | CFTC | [43 FR 43452, Sept. 26, 1978] | (a) Whenever the Chairman of the Commission is of the opinion that joint deliberation among the members of the Commission upon any matter is unnecessary in light of the nature of the matter, impracticable, or would impede the orderly disposition of agency business, but is of the view that such matter should be the subject of a vote of the Commission, such matter may be disposed of by circulation of any relevant materials concerning the matter. The relevant materials shall be circulated to each member of the Commission, unless a member is unavailable or has determined not to participate in the matter. A written record of the vote of each participating Commission member shall be reported to the Secretariat who shall retain it in the records of the Commission. (b) Whenever any member of the Commission so requests, any matter circulated for disposition pursuant to paragraph (a) of this section shall be withdrawn from circulation and scheduled instead for a Commission meeting. | ||||
| 17:17:2.0.1.1.12.2.1.4 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.13 Vacancy in position of Chairman. | CFTC | [43 FR 50167, Oct. 27, 1978, 89 FR 71813, Sept. 4, 2024] | At any time that a vacancy exists in the position of Chairman of the Commission the remaining members of the Commission shall elect a member to serve as acting Chairman who shall exercise the executive and administrative functions of the Commission that would otherwise be exercised by a Chairman in accordance with section 2(a)(6) of the Commodity Exchange Act, as amended, until a new Chairman has been appointed by the President and confirmed by the Senate: Provided, however, That if the President shall appoint a new Chairman from among the existing members of the Commission, that Commissioner shall serve as acting Chairman for these purposes until such time as their appointment as Chairman has been confirmed or rejected by the Senate. | ||||
| 17:17:2.0.1.1.12.2.1.5 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.14 Delegation of authority to the Secretary of the Commission. | CFTC | [44 FR 33677, June 12, 1979] | After the Commission has formally reached a decision or taken other action on a matter, has agreed upon the language of the document which embodies the Commission decision or other action, including, but not limited to, a rule, regulation or order, and has directed that the document be issued, the Secretary of the Commission (or a person designated in writing by the Secretary) shall sign the document on behalf of the Commission. Signature by the Secretary shall be a ministerial function and shall not be discretionary. The delegation to the Secretary of the authority to sign documents on the Commission's behalf shall not affect any other delegation which the Commission has made, or may make, which authorizes any other officer or employee of the Commission to take action and to sign documents on the Commission's behalf. In addition, the Commission reserves the authority to provide for signature on its behalf by the Chairman or any other member of the Commission in particular circumstances. | ||||
| 17:17:2.0.1.1.12.2.1.6 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.20 Designation of senior official to oversee Commission use of national security information. | CFTC | [44 FR 65736, Nov. 15, 1979, as amended at 61 FR 21955, May 13, 1996] | (a) The Executive Director is hereby designated to oversee the Commission's program to ensure the safeguarding of national security information received by the Commission from other agencies, to chair a Commission committee composed of members of the staff selected by him with authority to act on all suggestions and complaints with respect to the Commission administration of its information security program, and, in conjunction with the Security Officer of the Commission, to ensure that practices for safeguarding national security information are systematically reviewed and that those practices which are duplicative or unnecessary are eliminated. (b) The Executive Director may submit any matter for which he has been designated under paragraph (a) of this section to the Commission for its consideration. | ||||
| 17:17:2.0.1.1.12.2.1.7 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.21 Definitions. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Classified information. Information or material that is: (1) Owned by, produced for or by, or under control of the United States Government, and (2) Determined pursuant to Executive Order 12356 or prior or succeeding orders to require protection against unauthorized disclosure, and (3) So designated. (b) Compromise. The disclosure of classified information to persons not authorized access thereto. (c) Custodians. An individual who has possession of or is otherwise charged with the responsibility for safeguarding or accounting for classified information. (d) Classification levels. Refers to Top Secret “(TS)”, Secret “(S)”, and Confidential “(C)” levels used to identify national security information. Markings “For Official Use Only,” and “Limited Official Use” shall not be used to identify national security information. | ||||
| 17:17:2.0.1.1.12.2.1.8 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.22 Procedures. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Original classification. The Commodity Futures Trading Commission has no original classification authority. (b) Derivative classification. Personnel of the Commission shall respect the original classification markings assigned to information they receive from other agencies. (c) Declassification and downgrading. Since the Commission does no original classification of material, declassification and downgrading of sensitive material is not applicable. (d) Dissemination. All classified national security information which the Commission receives from any agency will be cared for and returned in accordance with the particular agency's policy guidelines and may not be disseminated to any other agency without the consent of the originating agency. | ||||
| 17:17:2.0.1.1.12.2.1.9 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.23 General access requirements. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Determination of trustworthiness. No person shall be given access to classified information unless a favorable determination has been made as to the person's trustworthiness. The determination of eligibility, referred to as a security clearance, shall be based on such investigations as the Commission may require in accordance with the applicable Office of Personnel Management standards and criteria. (b) Determination of need-to-know. A person is not entitled to receive classified information solely by virtue of having been granted a security clearance. A person must also have a need for access to the particular classified information sought in connection with the performance of official government duties or contractual obligations. The determination of that need shall be made by officials having responsibility for the classified information. | ||||
| 17:17:2.0.1.1.12.3.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-1 Authority and purpose. | CFTC | [67 FR 5939, Feb. 8, 2002] | This subpart sets forth specific standards of conduct required of Commission members, employees of the Commission, and special government employees as well as regulations concerning former Commissioners, employees, and special government employees of the Commodity Futures Trading Commission. These rules are separate from and in addition to the Office of Government Ethics' conduct rules, Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635. In addition, this subpart contains references to various statutes governing employee conduct in order to aid Commission members, employees of the Commission and others in their understanding of statutory restrictions and requirements. 1 Absent compelling countervailing reasons, all Commission members and employees are subject to all the terms of this section. 1 These references, however, do not purport to cover all restrictions and requirements, and paraphrased restatements of statutory provisions are not intended to be, and should not be construed as, verbatim quotations of the law. Statutory text should be consulted in any situation in which it might apply. | ||||
| 17:17:2.0.1.1.12.3.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-2 Prohibited transactions. | CFTC | [67 FR 5939, Feb. 8, 2002, as amended at 77 FR 66347, Nov. 2, 2012] | (a) Application. This section applies to all transactions effected by or on behalf of a Commission member or employee of the Commission, including transactions for the account of other persons effected by the member or employee, directly or indirectly under a power of attorney or otherwise. A member or employee shall be deemed to have a sufficient interest in the transactions of his or her spouse, minor child, or other relative who is a resident of the immediate household of the member or employee so that such transactions must be reported and are subject to all the terms of this section. (b) Prohibitions. Except as otherwise provided in this subsection, no member or employee of the Commission shall: (1) Participate, directly or indirectly, in any transaction: (i) In swaps; (ii) In commodity futures; (iii) In retail forex transactions, as that term is defined in § 5.1(m) of this chapter; (iv) Involving any commodity that is of the character of or which is commonly known to the trade as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, or decline guaranty; or (v) For the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract; (2) Effect any purchase or sale of a commodity option, futures contract, or swap involving a security or group of securities; (3) Sell a security which he or she does not own or consummate a sale by the delivery of a security borrowed by or for his or her account; (4) Participate, directly or indirectly, in any investment transaction in an actual commodity if: (i) Nonpublic information is used in the investment transaction; (ii) It is prohibited by rule or regulation of the Commission; or (iii) I… | ||||
| 17:17:2.0.1.1.12.3.1.3 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-2a Prohibited interests. | CFTC | [67 FR 5940, Feb. 8, 2002, as amended at 67 FR 62353, Oct. 7, 2002; 77 FR 66348, Nov. 2, 2012] | (a) Application. This section applies to all financial interests of a Commission member or employee of the Commission, including financial interests held by the member or employee for the account of other persons. A member or employee shall be deemed to have a sufficient interest in the financial interests of his or her spouse, minor child, or other relative who is a resident of the immediate household of the member or employee, so that such financial interests must be reported and are subject to all the terms of this section. (b) Prohibitions. Except as otherwise provided in this subsection, no member or employee of the Commission shall: (1) Have a financial interest, through ownership of securities or otherwise, in any person 5 registered with the Commission (including futures commission merchants, associated persons and agents of futures commission merchants, floor brokers, commodity trading advisors and commodity pool operators, and any other persons required to be registered in a fashion similar to any of the above under the Commodity Exchange Act or pursuant to any rule or regulation promulgated by the Commission), or any contract market, swap execution facility, swap data repository, board of trade, or other trading facility, or any derivatives clearing organization subject to regulation or oversight by the Commission; 6 5 As defined in section 1a(38) of the Commodity Exchange Act and 17 CFR 1.3(u) thereunder, a “person” includes an individual, association, partnership, corporation and a trust. 6 Attention is directed to 18 U.S.C. 208. 7 [Reserved] (c) Exceptions. The prohibitions in paragraph (b) of this section shall not apply to: (1) A financial interest in any publicly-available pooled investment vehicle (such as a mutual fund or exchange-traded fund) other than one operated by a person who is a commodity pool operator with respect to such entity if such vehicle does not have invested, or indicate in its prospectus the intent to invest, ten percent or more of its assets in secur… | ||||
| 17:17:2.0.1.1.12.3.1.4 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-3 Non-governmental employment and other outside activity. | CFTC | [ 77 FR 66348, Nov. 2, 2012] | A Commission member or employee shall not accept employment or compensation from any person, exchange, swap execution facility, swap data repository or derivatives clearing organization subject to regulation by the Commission. For purposes of this section, a person subject to regulation by the Commission includes but is not limited to a contract market, swap execution facility, swap data repository or derivatives clearing organization or member thereof, a registered futures commission merchant, any person associated with a futures commission merchant or with any agent of a futures commission merchant, floor broker, commodity trading advisor, commodity pool operator or any person required to be registered in a fashion similar to any of the above or file reports under the Act or pursuant to any rule or regulation promulgated by the Commission. 11 11 Attention is directed to section 2(a)(8) of the Commodity Exchange Act, which provides, among other things, that no Commission member or employee shall accept employment or compensation from any person, exchange or derivatives clearing organization (“clearinghouse”) subject to regulation by the Commission, or participate, directly or indirectly, in any contract market operations or transactions of a character subject to regulation by the Commission. | ||||
| 17:17:2.0.1.1.12.3.1.5 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-4 Receipt and disposition of foreign gifts and decorations. | CFTC | [47 FR 24115, June 3, 1982. Redesignated at 58 FR 52658, Oct. 12, 1993; 63 FR 32733, June 16, 1998] | (a) For purposes of this section only: (1) Commission member or employee means any Commission member or any person employed by or who occupies an office or a position in the Commission; an expert or consultant under contract with the Commission, or in the case of an organization performing services under such contract, any individual involved in the performance of such service; and the spouse, unless the individual and his or her spouse are separated, and any dependent, as defined by section 152 of the Internal Revenue Code of 1954, of any such person. (2) Foreign government means: (A) Any unit of foreign governmental authority, including any foreign national, state, local, and municipal government; (B) Any international or multinational organization whose membership is composed of any unit of foreign government described in paragraph (a)(2)(A) of this section; and (C) Any agent or representative of any such unit or such organization, while acting as such. (3) Gift means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government, except grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies. (4) Decoration means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government. (5) Minimal value means a retail value in the United States at the time of acceptance of $140 or less, except as redefined to reflect changes in the consumer price index at three year intervals by the Administrator of General Services pursuant to authority granted in 5 U.S.C. 7342(a)(5)(A). (b) Commission members and employees shall not: (1) Request or otherwise encourage the tender of a gift or decoration; (2) Accept a gift of currency, except that which has an historical or numismatic value; (3) Accept gifts of travel or gifts of expenses for travel, such as transportation, food and lodging, from foreign governments, other than those authorized in … | ||||
| 17:17:2.0.1.1.12.3.1.6 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-5 Disclosure of information. | CFTC | [58 FR 52658, Oct. 12, 1993] | A Commission employee or former employee shall not divulge, or cause or allow to be divulged, confidential or non-public commercial, economic or official information to any unauthorized person, or release such information in advance of authorization for its release. 9 Except as directed by the Commission or its General Counsel as provided in these regulations, no Commission employee or former employee is authorized to accept service of any subpoena for documentary information contained in or relating to the files of the Commission. Any employee or former employee who is served with a subpoena requiring testimony regarding non-public information or documents shall, unless the Commission authorizes the disclosure of such information, respectfully decline to disclose the information or produce the documents called for, basing his refusal on these regulations. 10 Any employee or former employee who is served with a subpoena calling for information regarding the Commission's business shall promptly advise the General Counsel of the service of such subpoena, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making such information or document available in the public interest. 11 In any proceeding in which the Commission is not a party, no employee of the Commission shall testify concerning matters related to the business of the Commission unless authorized to do so by the Commission. 9 Attention is directed to section 9(d) of the Commodity Exchange Act, which provides that it shall be a felony punishable by a fine of not more than $500,000 or imprisonment for not more than five years, or both, together with the costs of prosecution—(1) for any Commissioner of the Commission or any employee or agent thereof who, by virtue of his employment or position, acquires information which may affect or tend to affect the price of any commodity future or commodity and which information has not been promptly made public, to impart such information wi… | ||||
| 17:17:2.0.1.1.12.3.1.7 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-6 Practice by former members and employees of the Commission. | CFTC | [58 FR 52658, Oct. 12, 1993; 58 FR 58593, Nov. 2, 1993] | (a) Personal and substantial participation or nonpublic knowledge of a particular matter. No person who has been a member or employee of the Commission shall ever knowingly make, with the intent to influence, any communication to or appearance before the Commission in connection with any particular matter involving a specific party or parties 12 in which such person, or one participating with him or her in the particular matter, participated personally and substantially, or gained nonpublic knowledge of facts thereof, while with the Commission. 13 12 The phrase “particular matter involving a specific party or parties” does not apply to general rulemaking, general policy and standards formulation or other similar matters. See § 2637.201(c)(1) of the regulations of the Office of Government Ethics, 5 CFR 2637.201(c)(1); cf. , memorandum of the Attorney General dealing with the conflict-of-interest provisions prior to amendment by the Ethics in Government Act (reproduced following 18 U.S.C. 201). 13 Attention is directed to 18 U.S.C. 207(a)(1), as amended, which generally prohibits former Federal officers and employees permanently from knowingly making, with the intent to influence, any communication to or appearance before any Federal (or District of Columbia) department, agency or court, or court martial, or any officer or employee thereof, in connection with any particular matter involving a specific party or parties in which the United States (or the District of Columbia) is a party or has a direct and substantial interest and in which the former officer or employee participated personally and substantially while with the government. (b) Particular matter under an individual's official responsibility. No person who has been a member or employee of the Commission shall, within two years after that employment has ceased, knowingly make, with the intent to influence, any communication to or appearance before the Commission in connection with a particular matter involving a specific party or parti… | ||||
| 17:17:2.0.1.1.12.3.1.8 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-7 Statutory violations applicable to conduct of Commission members and employees. | CFTC | [58 FR 52660, Oct. 12, 1993] | A violation of section 2(a)(7), 8 or 9 (c) or (d) of the Commodity Exchange Act, as amended, shall be deemed to be a violation of this subpart as well. | ||||
| 17:17:2.0.1.1.12.3.1.9 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-8 Interpretative and advisory service. | CFTC | [58 FR 52660, Oct. 12, 1993, as amended at 61 FR 21955, May 13, 1996; 62 FR 13302, Mar. 20, 1997; 67 FR 5941, Feb. 8, 2002] | (a) Counselor for the Commission. The General Counsel, or his or her designee, will serve as Counselor for the Commission and as the Commission's representative to the Office of Government Ethics, on matters covered by this subpart. The General Counsel will also serve as the Commission's designated agency ethics official to review the financial reports filed by high-level Commission officials under title II of the Ethics in Government Act, as well as otherwise to coordinate and manage the Commission's ethics program. (b) Duties of the Counselor. The Counselor shall: (1) Coordinate the agency's counseling services and assure that counseling and interpretations on questions of conflict of interests and other matters covered by the regulations in this subpart are available as needed to Regional Deputy Counselors, who shall be appointed by the General Counsel, in coordination with the Chairman of the Commission, for each Regional Office of the Commission; (2) Render authoritative advice and guidance on matters covered by the regulations in this subpart which are presented to him or her by employees in the Washington, DC headquarters office; and (3) Receive information on, and resolve or forward to the Commission for consideration, any conflict of interests or apparent conflict of interests which appears in the annual financial disclosure (Standard Form 278 or Standard Form 450), or is disclosed to the General Counsel by a member or employee pursuant to § 140.735-2a(d) of this part, or otherwise is made known to the General Counsel. (i) A conflict of interests or apparent conflict of interests is considered resolved by the General Counsel when the affected member or employee has executed an ethics agreement pursuant to 5 CFR 2634.801 et seq. to undertake specific actions in order to resolve the actual or apparent conflict. (ii) If, after advice and guidance from the General Counsel, a member or employee does not execute an ethics agreement, the conflict of interests is considered unresolved and must be r… |
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title_name TEXT,
chapter TEXT,
subchapter TEXT,
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