Page:United States Statutes at Large Volume 114 Part 5.djvu/422

 114 STAT. 2763A-382 PUBLIC LAW 106-554—APPENDIX E paragraph (3), as the Commission may determine appropriate— "(I) to enforce the provisions specified in subparagraphs (B) and (C) of paragraph (4); "(II) to evaluate a systemic market event; or "(III) to obtain information requested by a Federal financial regulatory authority in order to enable the regulator to fulfill its regulatory or supervisory responsibilities; "(C)(i) upon receipt of any subpoena issued by or on behalf of the Commission to any foreign person who the Commission believes is conducting or has conducted transactions in reliance on the exemption set forth in paragraph (3) on or through the electronic trading facility relating to the transactions, promptly notify the foreign person of^ and transmit to the foreign person, the subpoena in a manner reasonable under the circumstances, or as specified by the Commission; and "(ii) if the Commission has reason to believe that a person has not timely complied with a subpoena issued by or on behalf of the Commission pursuant to clause (i), and the Commission in writing has directed that a facility relying on the exemption set forth in paragraph (3) deny or limit further transactions by the person, the facility shall deny that person further trading access to the facility or, as applicable, limit that person's access to the facility for liquidation trading only; "(D) comply with the requirements of this paragraph applicable to the facility and require that each participant, as a condition of trading on the facility in reliance on the exemption set forth in paragraph (3), agree to comply with all applicable law; "(E) have a reasonable basis for believing that participants authorized to conduct transactions on the facility in reliance on the exemption set forth in paragraph (3) are eligible commercial entities; and "(F) not represent to any person that the facility is registered with, or designated, recognized, licensed, or approved by the Commission. "(6) A person named in a subpoena referred to in paragraph (5)(C) that believes the person is or may be adversely affected or aggrieved by action taken by the Commission under this section, shall have the opportunity for a prompt hearing after the Commission acts under procedures that the Commission shall establish by rule, regulation, or order.". SEC. 107. APPLICATION OF COMMODITY FUTURES LAWS. Section 2 of the Commodity Exchange Act (7 U.S.C. 2, 2a, 3, 4, 4a) is further amended by adding at the end the following: "(i) APPLICATION OF COMMODITY FUTURES LAWS.— "(1) No provision of this Act shall be construed as implying or creating any presumption that— "(A) any agreement, contract, or transaction that is excluded from this Act under section 2(c), 2(d), 2(e), 2(f), or 2(g) of this Act or title IV of the Commodity Futures Modernization Act of 2000, or exempted under section 2(h) or 4(c) of this Act; or

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