81 FR 18747 - General Rules and Regulations, Securities Exchange Act of 1934
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 63 (April 1, 2016)
Federal Register Volume 81, Issue 63 (April 1, 2016)
| Page Range | 18747-18747 | |
| FR Document | 2016-07561 |
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)] [Rules and Regulations] [Page 18747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07561] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 General Rules and Regulations, Securities Exchange Act of 1934 CFR Correction In Title 17 of the Code of Federal Regulations, part 240 to End, revised as of April 1, 2015, on page 543, Sec. 240.17a-23 is removed and reserved. [FR Doc. 2016-07561 Filed 3-31-16; 8:45 am] BILLING CODE 1505-01-D
![Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Rules and Regulations 18747
the Commission.28 Having futures and § 3.21 Exemption from fingerprinting chapter, records documenting that the
swaps market participants that are not requirement in certain cases. criminal history background check
subject to any of the matters that would * * * * * performed pursuant to paragraph
lead to a disqualification of registration (e) Foreign natural persons. (1) For (e)(2)(i) of this section was completed
under Sections 8a(2) or (3) of the CEA purposes of this paragraph (e): and the results thereof.
is one way to help ensure that a (i) The term foreign natural person
means any natural person who has not Issued in Washington, DC, on March 28,
Commission registrant will not be a risk
resided in the United States since 2016, by the Commission.
to its customers or to the market in
general. reaching the age of 18 years. Robert N. Sidman,
(ii) The term certifying firm means: Deputy Secretary of the Commission.
v. Other Public Interest Considerations (A) For any natural person that is a
principal or associated person of a Note: The following appendices will not
The Commission believes that, by
futures commission merchant, retail appear in the Code of Federal Regulations.
providing an alternative for persons
outside the United States, the Final Rule foreign exchange dealer, swap dealer,
major swap participant, introducing Appendices to Alternative to
is consistent with the principles of
broker, commodity pool operator, Fingerprinting Requirement for Foreign
international comity.
commodity trading advisor, leverage Natural Persons—Commission Voting
List of Subjects in 17 CFR Part 3 transaction merchant, floor broker, or Summary and Chairman’s Statement
Associated persons, Brokers, floor trader, such futures commission Appendix 1—Commission Voting
Commodity futures, Commodity pool merchant, retail foreign exchange Summary
operators, Commodity trading advisors, dealer, swap dealer, major swap
Customer protection, Fingerprinting, participant, introducing broker, On this matter, Chairman Massad and
Foreign exchange, Futures commission commodity pool operator, commodity Commissioners Bowen and Giancarlo voted
merchants, Introducing brokers, trading advisor, leverage transaction in the affirmative. No Commissioner voted in
Leverage transaction merchants, merchant, floor broker, or floor trader; the negative.
Leverage transactions, Major swap and Appendix 2—Statement of Chairman
participants, Principals, Registration, (B) For any natural person that is Timothy G. Massad
Reporting and recordkeeping responsible for, or directs, the entry of
requirements, Retail foreign exchange orders from a floor broker’s or floor I support the rule being finalized today,
dealers, Swap dealers, Swaps. trader’s own account, such floor broker which provides foreign natural persons with
or floor trader. an alternative to the fingerprinting
For the reasons set forth in the requirement that applies to certain
(2) Any obligation in this part to
preamble, the Commodity Futures participants in our markets. This will reduce
provide a fingerprint card for a foreign
Trading Commission amends part 3 as unnecessary burdens on foreign individuals
natural person shall be deemed satisfied
follows: while maintaining appropriate standards of
with respect to a certifying firm if:
(i) Such certifying firm causes a fitness and competency. This final rule also
PART 3—REGISTRATION
criminal history background check of continues the Commission’s ongoing efforts
■ 1. The authority citation for part 3 such foreign natural person to be to codify, where appropriate, and through
continues to read as follows: performed; and notice-and-comment rulemaking, no-action
(ii) The criminal history background relief that previously had been provided by
Authority: 5 U.S.C. 552, 552b; 7 U.S.C. 1a, Commission staff.
2, 6, 6a, 6b, 6b–1, 6c, 6d, 6e, 6f, 6g, 6h, 6i,
check:
6k, 6m, 6n, 6o, 6p, 6s, 8, 9, 9a, 12, 12a, 13b, (A) Is of a type that would reveal all [FR Doc. 2016–07304 Filed 3–31–16; 8:45 am]
13c, 16a, 18, 19, 21, 23. matters listed under Sections 8a(2)(D) or BILLING CODE 6351–01–P
8a(3)(D), (E), or (H) of the Act relating
■ 2. In § 3.21, add paragraph (e) to read to such foreign natural person;
as follows: (B) Does not reveal any matters that
constitute a disqualification under SECURITIES AND EXCHANGE
28 Seehttp://www.nfa.futures.org/NFA- Sections 8a(2) or 8a(3) of the Act, other COMMISSION
registration/index.HTML (last visited Feb. 24, 2016),
stating that ‘‘[t]he primary purposes of registration
than those disclosed to the National
are to screen an applicant’s fitness to engage in Futures Association; and 17 CFR Part 240
business as a futures professional and to identify (C) Is completed not more than one
those individuals and organizations whose calendar year prior to the date that such General Rules and Regulations,
activities are subject to federal regulation.’’ certifying firm submits the certification Securities Exchange Act of 1934
Pursuant to Commission regulation 3.60, the
Commission may, subject to some limitations, deny,
described in paragraph (e)(2)(iii) of this
grant with conditions, suspend, revoke, or restrict section; CFR Correction
registration to an applicant if the Commission (iii) A person authorized by such
alleges and is prepared to prove that the registrant certifying firm submits, in reliance on In Title 17 of the Code of Federal
or applicant is subject to one or more of the
such criminal history background Regulations, part 240 to End, revised as
statutory disqualifications set forth in section 8a(2), of April 1, 2015, on page 543, § 240.17a–
8a(3) or 8a(4) of the Act. 17 CFR 3.60. Sections 8a(2) check, a certification by such certifying
and 8a(3) of the Act contain an extensive list of firm to the National Futures 23 is removed and reserved.
matters that provide grounds for refusing or Association, that: [FR Doc. 2016–07561 Filed 3–31–16; 8:45 am]
conditioning an applicant’s registration, including, (A) States that the conditions of BILLING CODE 1505–01–D
without limitation, felony convictions, commodities
paragraphs (e)(2)(i) and (ii) of this
Lhorne on DSK5TPTVN1PROD with RULES
or securities law violations, bars or other adverse
actions taken by financial regulators, and willfully section have been satisfied; and
omitting to state any material fact in an application. (B) Is signed by a person authorized
See 7 U.S.C. 12a(2) and (3). See also Interpretative by such certifying firm to make such
Statement With Respect to Section 8a(2)(C) and (E)
and Section 8a(3)(J) and (M) of the Commodity certification.
Exchange Act, appendix A to part 3 of the (3) The certifying firm shall maintain,
Commission’s regulations. in accordance with § 1.31 of this
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Document Created: 2016-04-06 00:08:58
Document Modified: 2016-04-06 00:08:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| FR Citation | 81 FR 18747 |
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