[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR140.72]

[Page 487-488]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 140_ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION
--Table of Contents
 
                           Subpart B_Functions
 
Sec.  140.72  Delegation of authority to disclose confidential 
information to a contract market, registered futures association 
or self-regulatory organization.

    (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 
Deputy Executive Director, the Special Assistant to the Executive 
Director, the Director of the Division of Clearing and Intermediary 
Oversight, each Deputy Director of the Division of Clearing and 
Intermediary Oversight, the Chief Accountant, the General Counsel, each 
Deputy General Counsel, the Director of the Division of Market 
Oversight, each Deputy Director of the Division of Market Oversight, the 
Director of the Market Surveillance Section, the Director of the 
Division of Enforcement, each Deputy Director of the Division of 
Enforcement, each Associate Director of the Division of Enforcement, the 
Chief Counsel of the Division of Enforcement, each Regional Counsel of 
the Division of Enforcement, each of the Regional Coordinators, each of 
the Directors of the Market Surveillance Branches, the Director of the 
Office of International Affairs, and the Deputy Director of the Office 
of International Affairs, the authority to disclose to an official of 
any contract market, 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. The 
authority to make such a determination is also delegated by the 
Commission to the Commission employees identified in this section. A 
Commission employee delegated authority under this section may exercise 
that authority on his or her own initiative or in response to a request 
by an official of a contract market, registered futures association or 
self-regulatory organization.
    (b) Disclosure under this section shall only be made to a contract 
market, 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 contract market, registered futures association 
or self-regulatory

[[Page 488]]

organization, which sets forth the official's name, business address and 
telephone number. The chief executive officer shall thereafter notify 
the Commission of any deletions or additions to the list of officials 
authorized to receive disclosures under this section. The original list 
and any supplemental list required by his paragraph shall be filed with 
the Secretary of the Commission, and a copy thereof shall also be filed 
with the Regional Coordinator for the region in which the contract 
market is located or in which the registered futures association or 
self-regulatory organization has its principal office.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
in any case in which a Commission employee delegated authority under 
this section believes it appropriate, he or she may submit to the 
Commission for its consideration the question of whether disclosure of 
information should be made.
    (d) For purposes of this section, the term ``official'' shall mean 
any officer or member of a committee of a contract market, registered 
futures association or self-regulatory organization who is specifically 
charged with market surveillance or audit or investigative 
responsibilities, or their duly authorized representative or agent, who 
is named on the list filed pursuant to paragraph (b) of this section or 
any supplement thereto.
    (e) For the purposes of this section, the term ``self-regulatory 
organization'' shall mean the same as that defined in section 3(a) (26) 
of the Securities Exchange Act of 1934.
    (f) Any contract market, registered futures association or self-
regulatory organization receiving information from the Commission under 
these provisions shall not disclose such information except that 
disclosure may be made in any self-regulatory action or proceeding.

[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]