:

Sugar (contracts)...

Copper (contracts).

Quantity

200,000 200,000 200,000 200,000

200

200

100

100

5,000 100

200

200

250

50

Gold (contracts).

Silver bullion (contracts)..

Silver coins (contracts)..

Platinum (contracts)..

100

Foreign currencies (contracts).

100

U.S. T-bills, 90-day and 1 yr. (contracts).

Long-term U.S. T-bonds (contracts)..

GNMA'S (contracts).

All other commodities (contracts)..

50

100 100

25

$15.04 Different types of futures contracts in the same commodity.

Where there is trading in more than one type of futures contract in the same commodity for the same delivery month, the quantity of all such types of contracts for such month shall be combined for reporting purposes unless the Commission determines otherwise.

(Secs. 4g, 5, 42 Stat. 1000, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 6g, 7)

[41 FR 48112, Nov. 2, 1976]

$15.05 Designation of a futures commission merchant to be the agent of foreign brokers, customers of foreign brokers and foreign traders.

(a) For purposes of this section the term "futures contract" means any contract for the purchase or sale of any commodity for future delivery traded or executed on or subject to the rules of any contract market; the term "customer" means any person for whose benefit a foreign broker makes or causes to be made any futures contract; and the term "communication” means any summons, complaint, order, subpoena, special call, request for information, notice as well as any other written document or correspondence.

(b) Any futures commission merchant who makes or causes to be made any futures contract for the account of any foreign broker or foreign trader shall thereupon be deemed to be the agent of the foreign broker or the foreign trader for purposes of accepting delivery and service of any communication issued by or on behalf of the Commission to the foreign broker or the foreign trader with respect to any futures contracts which are or have been maintained in such accounts carried by the futures commission merchant. In the case of a futures commission merchant who makes or causes to be made any futures contract for the account of a foreign broker, the futures commission merchant shall also be the agent of the customers of the foreign broker (including any customer who is also a foreign broker and its customers) who have positions in the foreign broker's futures contract account carried by the futures commission merchant for purposes of accepting delivery and service of any communication issued by or on behalf of the Commission to the customer with respect to any futures contracts which are or have been maintained in such accounts carried by the futures commission merchant. Service or delivery of any communication issued by or on behalf of the Commission to a futures commission merchant pursuant to such agency shall constitute valid and effective service or delivery upon the foreign broker, a customer of the foreign broker or the foreign trader. A futures commission merchant who has been served with, or to whom there has been delivered, a communication issued by or on behalf of the Commission to a foreign broker, a customer of the foreign broker or the foreign trader shall transmit the communication promptly and in a manner which is reasonable under the circumstances, or in a manner specified by the Commission in the communication, to the foreign broker, a customer of the foreign broker or the foreign trader.

(c) It shall be unlawful for any futures commission merchant to open a futures contract account for, or to effect transactions in futures contracts for an existing account of, a foreign broker or foreign trader unless the fu

tures commission merchant informs the foreign broker or foreign trader prior thereto, in any reasonable manner which the futures commission merchant deems to be appropriate, of the requirements of this section.

(d) The requirements of paragraphs (b) and (c) shall not apply to any account carried by a futures commission merchant if the foreign broker, customer of a foreign broker, or foreign trader for whose benefit such account is carried has duly executed and maintains in effect a written agency agreement in compliance with this paragraph with a person domiciled in the United States and has provided a copy of the agreement to the futures commission merchant prior to the opening of an account, or placing orders for transactions in futures contracts for an existing account, with the futures commission merchant. This agreement must authorize the person domiciled in the United States to serve as the agent of the foreign broker and customers of the foreign broker or the foreign trader for purposes of accepting delivery and service of all communications issued by or on behalf of the Commission to the foreign broker, customers of the foreign broker, or foreign trader and must provide an address in the United States where the agent will accept delivery and service of communications from the Commission. This agreement must be filed with the Commission by the futures commission merchant prior to opening an account for the foreign broker or foreign trader or effecting transactions in futures contracts for an existing account of a foreign broker or foreign trader. Unless otherwise specified by the Commission, the agreements required to be filed with the Commission shall be filed with the Secretary of the Commission at 2033 K Street, N.W., Washington, D.C. 20581. A foreign broker, customer of a foreign broker or foreign trader shall notify the Commission immediately if the written agency agreement is terminated, revoked or is otherwise no longer in effect.

If a futures commission merchant carrying an account for a foreign broker or foreign trader knows or should know that the agreement has expired, has

been terminated or is otherwise no longer in effect, the futures commission merchant shall notify the Secre tary of the Commission immediately. If the written agency agreement expires, terminates or is not in effect, the futures commission merchant and the foreign broker, customers of the foreign broker or foreign trader are subject to the provisions of paragraphs (b) and (c) of this section.

(Secs. 2(a)(1), 3, 4i, 6(b) and 8a(5) of the Commodity Exchange Act, as amended, 7 U.S.C. 4, 5, 6i, 9 and 12a (5))

[45 FR 30429, May 8, 1980; 45 FR 31713, May 14, 1980]

PART 16-REPORTS BY CONTRACT MARKETS

Sec.

16.00 Information to be furnished by contract markets.

16.01 Time and place of filing reports. 16.02 Publication of volume of trading and open contracts.

16.03 Errors or omissions.

AUTHORITY: Sec. 5, 8a, 42 Stat. 1000, 49 Stat. 1500, 88 Stat. 1392; 7 U.S.C. 7, 12a.

SOURCE: 41 FR 3207, Jan. 21, 1976, unless otherwise noted.

§ 16.00 Information to be furnished by contract markets.

Each contract market shall report for each business day the following information, by commodity, by future, and by clearing member within each such future, in a form and manner approved by the Commission Regional Director having local jurisdiction with respect to such contract market:

(a) The total of all long open contracts and the total of all short open contracts carried at the end of the day covered by the report, excluding the number of contracts against which delivery notices have been stopped or against which delivery notices have been issued by the clearing organization of the contract market.

(b) The quantity of such contracts bought and the quantity sold during the day covered by the report;

(c) The quantity of purchase transfer trades or office trades and the quantity of sale transfer trades or office trades, which are included in the total quantity of contracts bought

and sold during the day covered by the report, and the names of the clearing members who made the transfers;

(d) The quantity of purchases of futures in connection with cash commodity transactions or of futures for cash commodities and the quantity of sales of futures in connection with cash commodity transactions or of futures for cash commodities, which are included in the total quantity of contracts bought and sold during the day covered by the report, and the names of the clearing members who made the exchanges; and

(e) The quantity of the commodity for which delivery notices have been issued by the clearing organization of the contract market and the quantity for which notices have been stopped during the day covered by the report. (Secs. 4g, 41, 5(d), and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6g, 6i, 7(d) and 12a(5) (1976))

[41 FR 3207, Jan. 21, 1976, as amended at 46 FR 18530, Mar. 25, 1981]

EFFECTIVE DATE NOTE: At 46 FR 18530, Mar. 25, 1981, paragraphs (a) and (e) of § 16.00 were revised, effective May 15, 1981. For the convenience of the user, the superseded text is set out below.

§ 16.00 Information to be furnished by contract

markets.

(a) The total of all long open contracts and the total of all short open contracts carried at the end of the day covered by the report;

§ 16.02 Publication of volume of trading and open contracts.

Each contract market shall publish for each business day the following information by commodity and by future within each such commodity: (a) The total volume of trading, excluding transfer trades or office

trades;

(b) The total quantity of futures for cash transactions which are included in the total volume of trading;

(c) The total gross open contracts excluding contracts against which delivery notices have been stopped.

(d) Open contracts against which delivery notices have been stopped on the day for which publication is made. Such information shall be made readily available to the news media and the general public in printed form and without charge at the office and trading floor of the contract market not later than the business day following the day for which publication is made. (Secs. 4g, 41, 5(d), and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6g, 6i, 7(d) and 12a(5) (1976))

[41 FR 3207, Jan. 21, 1976, as amended at 46 FR 18530, Mar. 25, 1981]

EFFECTIVE DATE NOTE: At 46 FR 18530, Mar. 25, 1981, paragraphs (c) and (d) of § 16.02 were revised, effective May 15, 1981. For the convenience of the user, the superseded text is set out below.

§ 16.02 Publication of volume of trading and open contracts.

(e) The quantity of the commodity delivered and the quantity received in fulfillment of such contracts during the day covered by the report.

§ 16.01 Time and place of filing reports.

Such reports shall be submitted the business day following the day for which the reports are filed and shall be filed in accordance with the instructions of the Commission's Regional Director having local jurisdiction with respect to such contract market.

(c) The total gross open contracts; and (d) The total quantity of the commodity delivered in fulfillment of such contracts.

§ 16.03 Errors or omissions.

Any contract market discovering any errors or omissions in any report which has been filed shall promptly inform the Commission with respect thereto.

§ 17.00 Information to be furnished by futures commission merchants and foreign brokers.

(a) Special accounts-reportable positions and delivery notices. (1) Each futures commission merchant and each foreign broker, except a foreign broker who carries all accounts on a fully disclosed basis with a registered futures commission merchant, shall submit a report to the Commission for each business day with respect to all Special Accounts, including house accounts, carried by futures commission merchant or foreign broker. Such report shall be made on the appropriate series '01 form and shall show each reportable position, separately for each contract market and for each future, in such account as of the close of the market on the day covered by the report. In addition, for each Special Account, for the day covered by the report, a futures commission merchant or foreign broker shall show, separately for each contract market and for each future in the commodity for which a report is filed, the quantity of exchanges of futures for physicals and the number of delivery notices issued for the account by the clearing organization of a contract market and the number stopped by the account.

(2) A report covering the first day upon which a Special Account shows a reportable position in a particular future shall also show for the preceding business day:

(iii) Delivery notices for such future issued for the account by the clearing organization of the contract market on which delivery will occur; and

(iv) Delivery notices for such future stopped by the account.

(3) A report showing the information specified in paragraphs (a)(2)(i)(iv) of this section shall also be filed covering the first day when any account theretofore in Special Account status is no longer in such status.

(b) Interest in or control of several accounts. If any person holds or has a financial interest in or controls more than one account, all such accounts shall be considered by the futures commission merchant or foreign broker as a single account for the purpose of determining Special Account status and for reporting purposes, and the report shall separately show the combined long positions in each future on each contract market in all such accounts, and the combined short positions in each such future in all such accounts.

(c) If the total open long positions or the total open short positions for any future of a commodity carried in an omnibus account is a reportable position, the omnibus account is in Special Account status and shall be reported by the futures commission merchant or foreign broker carrying the account in accordance with paragraph (a) of this section.

(d) A futures commission merchant which files a series 03 report for purpose of Part 18 for an account in which it has a financial interest is not required to file a report for such an account pursuant to this section.

(Secs. 4g, 5, 42 Stat. 1000, 49 Stat. 1496, 88 Stat. 1392; 7 U.S.C. 6g, 7; secs. 4a, 4f, 4g, 4i and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6a, 6f, 6g, 6i and 12a(5), as amended, Pub. L. 95-405, secs. 5 and 6, 92 Stat. 869 (1978); sec. 4g, 4i, 5(d), and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6g, 61, 7(d) and 12a(5) (1976))

[41 FR 3207, Jan. 21, 1976, as amended at 44 FR 25434, May 1, 1979; 44 FR 33846, June 13, 1979; 46 FR 18530, Mar. 25, 1981]

EFFECTIVE DATE NOTE: At 46 FR 18530, Mar. 25, 1981, § 17.00 (a) was revised, effective May 15, 1981. For the convenience of the user, the supersed text is set out below.

§ 17.00

Information to be furnished by futures commission merchants and foreign brokers. (a) Special Accounts-reportable positions. (1) Each futures commission merchant and each foreign broker, except a foreign broker who carries all accounts on a fully disclosed basis with a registered futures commission merchant, shall submit a report to the Commission for each business day with respect to all Special Accounts, including house accounts, carried by such futures commission merchant or foreign broker. Such report shall be made on the appropriate series 01 form and shall show each reportable position, separately for each contract market and for each future, in such account as of the close of the market on the day covered by the report.

(2) A report covering the first day upon which a Special Account shows a reportable position shall also show the position in such future in such account on the preceding business day. A report showing the position in the particular future shall also be filed covering the first day when any account theretofore in Special Account status is no longer in such status.

$ 17.01 Special Account designation and identification.

(a) Designation of Special Account. For the purpose of reporting, each futures commission merchant and each foreign broker shall assign a number to each Special Account and shall report such account only by such number. An account number shall not be changed nor assigned to another account without the prior approval of the Commission.

(b) Identification of Special Account. When a Special Account is reported for the first time, the futures commission merchant or foreign broker shall identify the account to the Commission on Form 102, showing the information requested thereon, including:

(1) The name and address of the account owner.

(2) The number assigned to that account for purposes of reporting the account on series '01 reports.

(3) Telephone number of account owner.

(4) Industry or commodity and business or occupation of the account

owner.

(5) Kind of account.

(6) The name and address of other person(s) if any whose futures trading is controlled by the account.

(7) The name, address, telephone number and industry or commodity and business or occupation of other person(s), if any, who controls the trading of this account.

(8) The name(s) and location(s) (city and state) of other person(s), if any, who has a financial interest of 10% or more in the account.

(9) Commodities in which positions in the account are associated with a commercial activity of the account owner in a related cash commodity (i.e., those considered as hedging).

(10) Name and address of the futures commission merchant or the foreign broker carrying the account, the signature and title of the authorized representative of the firm filing the report, and the date of signing the Form 102.

(c) Transmittal of Form 102. The report on Form 102 shall be submitted in a separate sealed envelope marked "Confidential" and must accompany the series 01 report on which the account is reported for the first time.

(Secs. 4g, 41, and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 6(g), 6i, and 12a(5)(1976), as amended by Pub. L. 95-405, 92 Stat. 865 et seq.)

[41 FR 3207, Jan. 21, 1976, as amended at 43 FR 60149, Dec. 26, 1978]

§ 17.02 Place and time of filing reports.

(a) Futures Commission merchants— (1) Place of filing reports. The reports required to be filed by futures commission merchants under §§ 17.00 and 17.01 on series 01 forms and Form 102, respectively, must be filed at the Commission office in the city in which is located the contract market involved in the reported transactions; except that if there is no Commission office in such city, the reports shall be filed in accordance with instructions from the Commission.

(2) Time of filing reports. Except as otherwise provided in this paragraph, the reports on series 01 forms and

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