[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: 17CFR30.6]

[Page 336-337]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 30_FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS--Table of Contents
 
Sec.  30.6  Disclosure.

    (a) Future commission merchants and introducing brokers. Except as 
provided in Sec.  1.65 of this chapter, no futures commission merchant, 
or in the case of an introduced account no introducing broker, may open 
a foreign futures or option account for a foreign futures or option 
customer, other than for a customer specified in Sec.  1.55(f) of this 
chapter, unless the futures commission merchant or introducing broker 
first furnishes the customer with a separate written disclosure 
statement containing only the language set forth in Sec.  1.55(b) of 
this chapter or as otherwise approved under Sec.  155(c) of this chapter 
(except for nonsubstantive additions such as captions), which has been 
acknowledged in accordance with Sec.  1.55 of this chapter: Provided, 
however, that the risk disclosure statement may be attached to other 
documents as the cover page or the first page of such documents and as 
the only material on such page.
    (b) Commodity pool operators and commodity trading advisors. (1) 
With respect to persons who satisfy the requirements of qualified 
eligible persons, as defined in Sec.  4.7(a) of this chapter:
    (i) A commodity pool operator registered or required to be 
registered under this part, or exempt from registration pursuant to 
Sec.  30.5, may not, directly or indirectly, engage in any of the 
activities described in Sec.  30.4(c) unless the pool operator, at or 
before the time it engages in such activities, first provides each 
prospective qualified eligible person with the Risk Disclosure Statement 
set forth in Sec.  4.24(b)(2) of this chapter and the statement in Sec.  
4.7(b)(1)(i) of this chapter;
    (ii) A commodity trading advisor registered or required to be 
registered under this part, or exempt from registration pursuant to 
Sec.  30.5, may not, directly or indirectly, engage in any of the 
activities described in Sec.  30.4(d) unless the trading advisor, at or 
before the time it engages in such activities, first provides each 
qualified eligible person with the Risk Disclosure Statement set forth 
in Sec.  4.34(b)(2) of this chapter and the statement in Sec.  
4.7(c)(1)(i) of this chapter.
    (2) With respect to persons who do not satisfy the requirements of 
qualified eligible persons, as defined in Sec.  4.7(a) of this chapter:
    (i) A commodity pool operator registered or required to be 
registered under this part, or exempt from registration pursuant to 
Sec.  30.5, may not, directly or indirectly, engage in any of the 
activities described in Sec.  30.4(c) unless the pool operator, at or 
before the time it engages in such activities, first provides each 
prospective participant with the Disclosure Document required to be 
furnished to customers or potential customers pursuant to Sec.  4.21 of 
this chapter and files the Disclosure Document in accordance with Sec.  
4.26 of this chapter;
    (ii) A commodity trading advisor registered or required to be 
registered under this part, or exempt from registration pursuant to 
Sec.  30.5, may not,

[[Page 337]]

directly or indirectly, engage in any of the activities described in 
Sec.  30.4(d) unless the trading advisor, at or before the time it 
engages in such activities, first provides each prospective client with 
the Disclosure Document required to be furnished customers or potential 
customers pursuant to Sec.  4.31 of this chapter and files the 
Disclosure Document in accordance with Sec.  4.36 of this chapter.
    (c) The acknowledgment required by paragraphs (a) and (b) of this 
section must be retained by the futures commission merchant, introducing 
broker, commodity pool operator or commodity trading advisor in 
accordance with Sec.  1.31 of this chapter.
    (d) This section does not relieve a futures commission merchant or 
introducing broker from its obligations under Sec.  33.7 of this 
chapter: Provided, however, That a new disclosure statement is not 
required to be furnished if the futures commission merchant or 
introducing broker has previously delivered such statement to the 
foreign options customer in connection with the opening of a commodity 
option account under part 33 of this chapter.
    (e) This section does not relieve a futures commission merchant, 
introducing broker, commodity pool operator or commodity trading advisor 
from any other disclosure obligation it may have under applicable law or 
regulation.

[52 FR 28998, Aug. 5, 1987, as amended at 58 FR 17505, Apr. 5, 1993; 60 
FR 38193, July 25, 1995; 63 FR 8571, Feb. 20, 1998; 64 FR 28914, May 28, 
1999; 65 FR 47859, Aug. 4, 2000]