broker, or foreign broker, and, in addition, for option information each contract market, shall furnish to the Commission the following information concerning accounts of traders owning or controlling such futures and/or option positions, except for accounts carried on a fully disclosed basis by another futures commission merchant, as may be specified in the call: (a) The name, address, and telephone number of the person for whom each account is carried; (b) The principal business or occupation of the person for whom each account is introduced or carried, as specified in the call; (c) The type of each such account; (d) The name, address and principal business or occupation of any person who controls the trading of each account; (e) The name and address of any person having a financial interest of ten percent or more in each account; (f) The number of open futures and/or option positions introduced or carried in each account, as specified in the call; and (g) As applicable, the following identifying information: (1) Whether a trader who holds commodity options is classified as a commercial or as a noncommercial for each commodity option; (2) Whether the open commodity futures contracts are classified as speculative, spreading (straddling), or hedging; and (3) Whether any of the accounts in question are omnibus accounts and, if so, whether the originator of the omnibus account is another futures commission merchant or foreign broker. (Approved by the Office of Management and Budget under control number 3038-0017) [46 FR 63036, Dec. 30, 1981, and 47 FR 57016, Dec. 22, 1982, as amended at 48 FR 35301, Aug. 3, 1983; 49 FR 1339, Jan. 11, 1984; 51 FR 4720, Feb. 7, 1986] § 21.02a Special calls for machinereadable information. (a) Upon special call by the Commission for information relating to futures and/or option positions held on the dates specified in the call, each futures commission merchant, member of a contract market and foreign broker shall furnish to the Commission in accordance with paragraph (b) of this section the following information concerning accounts of traders owning or controlling such futures and/or option position, except for accounts carried by another futures commission merchant on a fully disclosed basis, as may be specified in the call: (1) Account number; (2) The name and address of the person for whom each account is carried; and (3) The number of open futures and/or options contracts carried in each account as specified in the call. (b) Except as provided in paragraph (c), the information shall be furnished in the following form and manner: (1) Reporting medium. Except as otherwise specifically approved by the Commission, information shall be provided on compatible data processing media. (2) File layout. All required machine records shall be submitted together in a single file. Each record will be 80 characters long with a record type indentifier in the first four positions and a record sequence indentifier in the last eight positions. Specific record formats are a set of COBOL language record descriptions. Four records are defined as follows: (i) Type 400A records are an identification record used to pass data specifying the firm that is reporting. One 400A record should be included in the file. (ii) Type 410B and 411C records are account identification records. Type 410B records are used to furnish account numbers. A series of type 411C records are used to transmit the name and address of the accounts. A series of 411C records should follow each 410B record. (iii) Type 520E records are open position records. A series of 520E records should follow the last 411C record for each account. (3) The required record description is as follows: 01 O-T-400A: 05 O-T-RECORD-TYPE-PIC X(4) VALUE 400A. 05 O-T-REPORT-DATE-PIC X(6). 05 FILLER-PIC X(7). 05 O-T-SEQUENCE-PIC 9(8). 01 O-T-410B: 05 O-T-RECORD-TYPE-PIC X(4) VALUE 410B. 05 O-T-ACCOUNT-NUMBER-PIC X(48). 05 FILLER-PIC X(20). 05 O-T-SEQUENCE-PIC 9(8). 01 O-T-520E: 05 O-T-RECORD-TYPE-PIC X(4) VALUE 520E. 05 O-T-COMMODITY-ID-PIC X(6). 05 O-T-PUT-OR-CALL-OPTION-PIC X. 05 O-T-OPEN-LONG-POSITION-PIC 9(8). 05 O-T-OPEN-SHORT-POSITION-PIC X(8). 05 FILLER-PIC X(33). 05 O-T-SEQUENCE-PIC 9(8). (4) Field definitions. Field definitions for each record are as follows: (i) Record type identifier. Unique identifier used by CFTC to transmit the format and implied meaning of data in a record. Valid values are 400A, 410B, 411C, and 520E. (ii) Report date. This is the date specified in the call for which the futures commisssion merchant or member provides position information. Dates should be encoded as six numeric characters-YYMMDD where YY is the last 2 digits of the year, MM is the month, and DD is the day of the month coded with a leading 0 for months and days 19. (iii) Reporting firm name. The name of the firm which must respond to the Commission's call. The name of the firm is left justified in the field. (iv) Account number. A unique identifier for each account reported to the Commission under the §21.02a call. This can be any sequence of alphanumeric characters not to exceed 48 characters which are left justified in the field. (v) Name and address. The name and address of the person (individual or firm) for whom the account is carried. No specific format is required. Information is encoded in columns 5 through 72 on the 411C records. One 411C record corresponds to one line of characters used by respondents to maintain customer name and address on their system. There is no limit on the number of 411C records which can be used to transmit the information. (vi) Commodity ID. A 6-digit numeric sequence uniquely identifying a con tract traded on a particular exchange. The 6-digit numbers will be supplied by the Commission in the special call. (vii) Year and month. The year and month of delivery of the commodity specified in the futures contract, encoded as for characters YYMM. YY is the last two digits of the year and MM is the month, with a leading 0 for months 1-9. If options information is being transmitted, this corresponds to the delivery month and year of the future upon which the option is traded or, in the case of options on physicals, the options expiration month and year. (viii) Put or call identifier. If the 520E record is used to transmit futures data, this field is blank. For put options, encode this field with a "P," for call options a "C". (ix) Strike price. For futures information, this field is blank. For options, the first position is a decimal indicator (D) and in the second through eighth positions the integer strike price (IIIIIII). The value of the option strike price is computed IIIIIII*EXP10)( — D). Thus, 30004375 is interpreted 4375*EXP10(-3)=4.375=4%. as (x) Open long (short) positions. Total number of long (short) contracts in the commodity specified in the call that are open on the firm's books for a particular account as of the end of the trading day specified in the call. The field should be zero filled with right justified integers from 0 to 99999999. (c) Response to special calls made pursuant to this section may be satisfied by responding as if the special call were issued under §21.02 of this chapter, or in machine-readable form in a manner other than that specified in paragraph (b), in the discretion of the Director of the Division of Economic Analysis, upon a showing that the futures commission merchant, member of a contract market, or foreign broker is not able technologically to provide the information in the form required by this section. Petitions for exemption under this paragraph must be filed sufficiently in advance of the date specified in the special call to provide the Director with a period for consideration of the petition which is reasonable under the circumstances. [49 FR 1339, Jan. 11, 1984, as amended at 51 FR 4720, Feb. 7, 1986; 60 FR 54802, Oct. 26, 1995] § 21.03 Selected special calls duties of foreign brokers, domestic and foreign traders, futures commission merchants, introducing brokers, and contract markets. (a) For purposes of this section, the term "accounts of a futures commission merchant or foreign broker" means all open contracts and transactions in futures and options on the records of the futures commission merchant or foreign broker; the term "beneficial interest" means having or sharing in any rights, obligations or financial interest in any futures or options account; the term "customer" means any futures commission merchant, introducing broker, foreign broker, or trader for whom a futures commission merchant makes or causes to be made a futures or options contract. Paragraphs (e), (g) and (h) of this section shall not apply to any futures commission merchant or customer whose books and records are open at all times to inspection in the United States by any representative of the Commission. (b) It shall be unlawful for a futures commission merchant to open a futures or options account or to effect transactions in futures or options contracts for an existing account, or for an introducing broker to introduce such an account, for any customer for whom the futures commission merchant or introducing broker is required to provide the explanation provided for in §15.05(c) of this chapter until the futures commission merchant or introducing broker has explained fully to the customer, in any manner the futures commission merchant or introducing broker deems appropriate, the provisions of this section. (c) Upon a determination by the Commission that information concerning accounts may be relevant information in enabling the Commission to determine whether the threat of a market manipulation, corner, squeeze, or other market disorder exists in any contract market, the Commission may (e) The futures commission merchant, introducing broker, or customer to whom the special call is issued must provide to the Commission the information specified below for the commodity, contract market, and delivery months or option expiration dates named in the call. Such information shall be filed at the place and within the time specified by the Commission. (1) For each account of a futures commission merchant, introducing broker, or foreign broker, including those accounts in the name of the futures commission merchant or foreign broker, on the dates specified in the call issued pursuant to this section, a futures commission merchant, introducing broker, or foreign broker shall provide the Commission with the following information: (i) The name and address of the person in whose name the account is carried or introduced and, if the person is not an individual, the name of the individual to contact regarding the account; (ii) The total open futures and options contracts in the account; (iii) The number of futures contracts against which delivery notices have been issued or received and the number against which exchanges of futures for cash have been transacted during the period of time specified in the call; (iv) Whether the account is carried for and in the name of another futures commission merchant or foreign broker; and (v) For the accounts which are not carried for and in the name of another futures commission merchant, introducing broker, or foreign broker, the name and address of any other person who controls the trading of the account, and the name and address of any person who has a ten percent or more beneficial interest in the account. (2) Each trader shall provide the Commission with the following information: (i) The total open futures and options contracts owned or controlled on the dates specified in the call; (ii) The name and address of any person having a ten percent or more beneficial interest in the open futures or options contracts reported pursuant to this paragraph; (iii) The name and address of any other person who controls the trading of the open futures or options contracts reported pursuant to this paragraph; and (iv) The cash commodity transaction and position information required to be maintained pursuant to §18.05 of this chapter as specified in the call which relates to futures or options positions of the trader in the United States. (f) If the Commission has reason to believe that a futures commission merchant or customer has not responded as required to a call made pursuant to this section, the Commission in writing may inform the contract market specified in the call and that contract market shall prohibit the execution of, and no futures commission merchant, introducing broker, or foreign broker shall accept an order for, trades on the contract market and in the months or expiration dates specified in the call for or on behalf of the futures commission merchant or customer named in the call, unless such trades offset existing open contracts of such futures commission merchant or customer. mer (g) Any futures commission chant or customer named in a special call that believes he or she is or may be adversely affected or aggrieved by action taken by the Commission under paragraph (f) shall have the opportunity for a prompt hearing after the Commission acts. That person may immediately present in writing to the Commission for its consideration any comments or arguments concerning the Commission's action and may present for Commission consideration any documentary or other evidence that person deems appropriate. Upon request, the Commission may, in its discretion, determine that an oral hearing be conducted to permit the further presentation of information and views concerning any matters by any or all such persons. The oral hearing may be held before the Commission or any person designated by the Commission, which person shall cause all evidence to be reduced to writing and forthwith transmit the same and a recommended decision to the Commission. The Commission's directive under paragraph (f) of this section shall remain in effect unless and until modified or withdrawn by the Commission. (h) If, during the course of or after the Commission acts pursuant to paragraph (f), the Commission determines that it is appropriate to undertake a proceeding pursuant to section 6(c) of the Commodity Exchange Act, 7 U.S.C. 9 and 15, the Commission shall issue a complaint in accordance with the requirements of section 6(c), and, upon further determination by the Commission that the conditions described in § 21.03(c) still exist, a hearing pursuant to section 6(c) of the Act shall commence no later than five business days after service of the complaint. In the event the futures commission merchant or customer served with the complaint under section 6(c) has, prior to the commencement of the section 6(c) hearing, sought a hearing pursuant to paragraph (g) above and the Commission has determined to accord him such a hearing, the two hearings shall be conducted simultaneously. Nothing in this section shall preclude the Commission from taking other appropriate action under the Commodity Exchange Act or the Commission's Rules, including action under section 6(c) of the Act, regardless of whether the conditions described in § 21.03(c) still exist, and no ruling issued in the course of a hearing pursuant to paragraph (g) or this paragraph shall constitute an estoppel against the Commission in any other action. (Approved by the Office of Management and Budget under control number 3038-0009) [46 FR 63036, Dec. 30, 1981, and 47 FR 45001, Oct. 13, 1982, as amended at 48 FR 35301, Aug. 3, 1983; 59 FR 5702, Feb. 8, 1994] 30.7 Treatment of foreign futures or foreign options secured amount. 30.8 Quarterly reporting requirements. 30.9 Fraudulent transactions prohibited. 30.10 Petitions for exemption. 30.11 Applicability of state law. APPENDIX A TO PART 30-INTERPRETATIVE APPENDIX B TO PART 30-OPTION CONTRACTS AUTHORITY: 7 U.S.C. 1a, 2, 4, 6, 6c and 12a, unless otherwise noted. SOURCE: 52 FR 28998, Aug. 5, 1987, unless otherwise noted. For the purposes of this part: (a) Foreign futures means any contract for the purchase or sale of any commodity for future delivery made, or to be made, on or subject to the rules of any foreign board of trade. (b) Foreign option means any transaction or agreement which is or is held out to be of the character of, or is commonly known to the trade as, an "option", "privilege", "indemnity", "bid", "offer", "put", "call", "advance guaranty" or "decline guaranty", made or to be made on or subject to the rules of any foreign board of trade. (c) Foreign futures or foreign options customer means any person located in the United States, its territories or possessions who trades in foreign futures or foreign options: Provided, That an owner or holder of a proprietary account as defined in paragraph (y) of §1.3 of this chapter shall not be deemed to be a foreign futures or foreign options customer within the meaning of §§ 30.6 and 30.7 of this part. § 30.2 Applicability of the Act and rules. (a) Except as specified in this part or unless the context otherwise requires, the provisions of sections 1a, 2, 4, 4c, 4f, 4g, 4k, 41, 4m, 4n, 40, 4p, 6, 6c, 8, 8a, 9, 12, 13, and 14 of the Act and parts 1, 3, 4, 10, 11, 12, 13, 14, 21, 155, 166 and 190 of this chapter shall apply to the persons and transactions that are subject to the requirements of this part as though they were set forth herein and included specific references to foreign board of trade, foreign futures, foreign options, foreign futures and foreign options customers, and foreign futures and foreign options secured amount, as appro priate. (b) The provisions of §§1.20 through 1.30, 1.32, 1.35(a) (2)–(4) and (c)-(i), 1.36(b), 1.38, 1.39, 1.40 through 1.51, 1.53, 1.54, 1.55, 1.58, 1.59, 33.2 through 33.6 and parts 15 through 20 of this chapter shall not be applicable to the persons and transactions that are subject to the requirements of this part. [52 FR 28998, Aug. 5, 1987, as amended at 59 FR 5703, Feb. 8, 1994] §30.3 Prohibited transactions. (a) It shall be unlawful for any person to engage in the offer and sale of any foreign futures contract or foreign options transaction for or on behalf of a foreign futures or foreign options customer, except in accordance with the provisions of this part: Provided, that, with the exception of the disclosure and antifraud provisions set forth in §§ 30.6 and 30.9 of this part, the provisions of this part shall not apply to transactions executed on a foreign board of trade, and carried for or on behalf of a customer at a designated contract market, subject to an agreement with and rules of a contract market which permit positions in a commodity interest which have been established on one market to be liquidated on another market. (b) Except as otherwise provided in §30.4 of this part or pursuant to an exemption granted under $30.10 of this part, it shall be unlawful for any person to engage in the offer and sale of any foreign futures contract or foreign option transaction for or on behalf of any foreign futures or foreign options |