[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: 17CFR30.5]

[Page 335-336]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 30_FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS--Table of Contents
 
Sec.  30.5  Alternative procedures for non-domestic persons.

    Any person not located in the United States, its territories or 
possessions, who is required in accordance with the provisions of this 
part to be registered with the Commission, other than a person required 
to be registered as a futures commission merchant, may apply for an 
exemption from registration under this part by filing with the National 
Futures Association a Form 7-R completed and filed in accordance with 
the instructions thereto and designating an agent for service of 
process, as specified below. A person who receives confirmation of an 
exemption pursuant to this section must engage in all transactions 
subject to regulation under Part 30 through a registered futures 
commission merchant or a foreign broker who has received confirmation of 
an exemption pursuant to Sec.  30.10 in accordance with the provisions 
of Sec.  30.3(b).

    (a) Agent for service of process. Any person who seeks exemption 
from registration under this part shall enter into a written agency 
agreement with the futures commission merchant located in the United 
States through which business is done, with any registered futures 
association, or any other person located in the United States in the 
business of providing services as an agent for service of process, 
pursuant to which agreement such futures commission merchant or other 
person is authorized to serve as the agent of such person for purposes 
of accepting delivery and service of communications issued by or on 
behalf of the Commission, U.S. Department of Justice, any self-
regulatory organization, or any foreign futures or foreign options 
customer. If the written agency agreement is entered into with any 
person other than the futures commission merchant through which business 
is done, the futures commission merchant or foreign broker who has 
received confirmation of an exemption pursuant to Sec.  30.10 with whom 
business is conducted must be expressly identified in such agency 
agreement. Service or delivery of any communication issued by or on 
behalf of the Commission, U.S. Department of Justice, any self-
regulatory organization or any foreign futures or foreign options 
customer, pursuant to such agreement, shall constitute valid and 
effective service or delivery upon such person. Unless otherwise 
specified by the Commission, the agreement required by this section 
shall be filed with the National Futures Association. For the purposes 
of this section, the term ``communication'' includes any summons, 
complaint, order, subpoena, request for information, or notice, as well 
as any other written document or correspondence relating to any 
activities of such person subject to regulation under this part.

    (b) Termination of agreement. Whenever the agreement referred to in 
paragraph (a) of this section is terminated or is otherwise no longer in 
effect, the futures commission merchant or any other person that is 
party to the agreement shall immediately notify the National Futures 
Association and the futures commission merchant through which business 
is done, as appropriate. Upon notice, a futures commission merchant 
shall not accept from the person that has entered into such agreement 
any order, other than liquidating order(s), for, or on behalf of a 
foreign futures or foreign options customer. Notwithstanding the 
termination of the agreement referred to in paragraph (a) of this 
section, service or delivery of any communication issued by or on behalf 
of the Commission, U.S.

[[Page 336]]

Department of Justice, any self-regulatory organization, or any foreign 
futures or foreign options customer pursuant to the agreement shall 
nonetheless constitute valid and effective service or delivery upon such 
person with respect to any transaction entered into on or before the 
date of the termination of the agreement.
    (c) Applicability of other rules. Any person who is located outside 
of the United States, its territories or possessions, and who, in 
accordance with the provisions of paragraph (a) of this section, is 
exempt from registration as an introducing broker, commodity pool 
operator or commodity trading advisor under this part, shall nonetheless 
comply with the provisions of Sec.  30.6 of this part and Sec. Sec.  
1.37 and 1.57 of this chapter as if registered in such capacity.
    (d) Access to records. Any person exempt from registration with the 
Commission in accordance with the provisions of paragraph (a) of this 
section must, upon the request of any representative of the Commission 
or U.S. Department of Justice, provide such records as such person is 
required to maintain under this part as requested at the place in the 
United States designated by the representative within 72 hours after the 
person receives the request.

[52 FR 28998, Aug. 5, 1987, as amended at 64 FR 28914, May 28, 1999; 68 
FR 40499, July 8, 2003]