Page:United States Statutes at Large Volume 106 Part 4.djvu/886

 106 STAT. 3622 PUBLIC LAW 102-546—OCT. 28, 1992 the Commission shall not be compelled to disclose any information required to be reported under this subsection, or any information supplied to the Commission b^ any domestic or foreign regulatory agency that relates to the financial or operational condition of any affiliated person of a registered futures commission merchant. "(11) Nothing in paragraphs (1) through (10) shall be construed to supersede or to limit in any way the authority or powers of the (Jommission pursuant to aiw other provision of this Act or regulations issued under this Act.. TITLE III—ASSISTANCE TO FOREIGN FUTURES AUTHORITIES SEC. 301. SUBPOENA AUTHORITY. The third sentence of section 6(c) (7 U.S.C. 15) (as redesignated by section 209(a)(l)) is amended— (1) by striking "Act and" and inserting "Act,"; and (2) by striking "Act, an/' and inserting "Act, and for the purpose of any action taken under section 12(f), any". SEC. 302. COOPERATION WITH FOREIGN FUTURES AUTHORITIES. Section 12(a) (7 U.S.C. 16(a)) is amended by inserting after "thereof," the following: "any foreign futures authority, any department or agency of a foreign government or political suodivision thereof,". SEC. 303. INVESTIGATIVE ASSISTANCE TO FOREIGN FUTURES AUTHORITIES. Section 12 (7 U.S.C. 16) is amended by adding at the end the following: "(f)(1) On request from a foreign futures authority, the Commission may, in its discretion, provide assistance in accordance with this section if the requesting authority states that the requesting authority is conducting an investigation which it deems necessary to determine whether any person has violated, is violating, or is about to violate any laws, rules or regulations relating to futures or options matters that the requesting authority administers or enforces. The Commission may conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance. Such assistance may be provided without regard to whether the facts stated in the request would also constitute a violation of the laws of the United States. "(2) In deciding whether to provide assistance under this subsection, the Commission shall consider whether— "(A) the requesting authority has agreed to provide reciprocal assistance to the Commission in futures ana options matters; and "(B) compliance with the request would prejudice the public interest of the United States. "(3) Notwithstanding any other provision of law, the Commission may accept payment and reimbursement, in cash or in kind, from a foreign futures authority, or made on behalf of such authority, for necessary expenses incurred by the Commission, its members, and employees in carrying out any investigation, or in providing any other assistance to a foreign futures authority, pursuant to this section. Any payment or reimbursement accepted shall be considered a reimbursement to the appropriated funds of the Commission.".

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