Page:United States Statutes at Large Volume 114 Part 5.djvu/428

 114 STAT. 2763A-388 PUBLIC LAW 106-554—APPENDIX E commodity enumerated in section la(4), and trading access to the facility is limited to eligible commercial entities trading for their own account. "(3) ELIGIBLE TRADERS. —To trade on a registered derivatives transaction execution facility, a person shall— "(A) be an eligible contract participant; or "(B) be a person trading through a futures commission merchant that— "(i) is registered with the Commission; "(ii) is a member of a futures self-regulatory organization or, if the person trades only security futures products on the facility, a national securities association registered under section 15A(a) of the Securities Exchsinge Act of 1934; "(iii) is a clearing member of a derivatives clearing organization; and "(iv) has net capital of at least $20,000,000. "(4) TRADING BY CONTRACT MARKETS.— ^A board of trade that is designated as a contract market shall, to the extent that the contract market also operates a registered derivatives transaction execution facility— "(A) provide a physical location for the contract market trading of the board of trade that is separate from trading on the derivatives transaction execution facility of the board of trade; or "(B) if the board of trade uses the same electronic trading system for trading on the contract market and derivatives transaction execution facility of the board of trade, identify whether the electronic trading is taking place on the contract market or the derivatives transaction execution facility. "(c) CRITERIA FOR REGISTRATION.— "(1) IN GENERAL,—To be registered as a registered derivatives transaction execution facility, the board of trade shall be required to demonstrate to the Commission only that the board of trade meets the criteria specified in subsection (b) and this subsection. "(2) DETERRENCE OF ABUSES. — The board of trade shall establish and enforce trading and participation rules that will deter abuses and has the capacity to detect, investigate, and enforce those rules, including means to— "(A) obtain information necessary to perform the functions required under this section; or "(B) use technological means to— "(i) provide market participants with impartial access to the market; and "(ii) capture information that may be used in establishing whether rule violations have occurred. "(3) TRADING PROCEDURES.— The board of trade shall establish and enforce rules or terms and conditions defining, or specifications detailing, trading procedures to be used in entering and executing orders traded on the facilities of the board of trade. The rules may authorize— "(A) transfer trades or office trades; "(B) an exchange of— "(i) futures in connection with a cash commodity transaction;

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