[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR144.5]

[Page 520]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 144_PROCEDURES REGARDING THE DISCLOSURE OF INFORMATION AND THE TESTIMONY 
 
Sec.  144.5  Procedures when production or disclosure of Commission records or 

information relating to Commission business is sought.

    (a) If in any proceeding oral testimony of an employee or former 
employee of the Commission is sought concerning matters related to the 
business of the Commission, an affidavit or, if that is not feasible, a 
signed statement by the party seeking the testimony or by his attorney, 
setting forth with particularity a summary of the testimony sought and 
its relevance to the proceeding, must be furnished to the Commission's 
General Counsel at the Commission's office in Washington, DC. When 
authorization by the Commission is required, any authorization shall be 
limited to the scope of the demand as summarized in such statement.
    (b) If a response to a demand by a court or other authority is 
required before instructions from the Commission are received, and 
Commission authorization is required, a Commission attorney shall be 
designated by the General Counsel to appear and to inform the court or 
other authority of these regulations and that the subpoena or demand has 
been referred for prompt consideration by the Commission. The Commission 
attorney shall request a stay of the demand pending receipt of 
instructions.
    (c) In the event that the court or other authority declines to stay 
the effect of the demand pending receipt of instructions or in the event 
that the court rules that there must be compliance with the demand 
irrespective of instructions not to produce the material or disclose the 
information sought, the Commission employee or former employee upon whom 
the demand has been made shall respectfully decline to comply with the 
demand.