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access limited to persons whose official duties require access.
Access to computer systems is password protected and limited to
authorized personnel only.
Retention and disposal:
Hard copies of applications, biographical supplements, other
forms, related documents and correspondence are maintained, as
applicable, for two years after the individual's registration(s), or
that of the firm(s) with which the individual is associated as an
associated person or affiliated as a principal, becomes inactive.
Hard copy records are then stored at an appropriate site for an
additional eight years before being destroyed. CFTC-held records are
stored in the Federal Records Center, and NFA-held records are to be
stored either on NFA's premises or in appropriate fireproof off-site
facilities. Since 1991, NFA has scanned, indexed and stored hard copy
records on the computer via imaging software so the information may
be retrieved and printed. Like the hard copy records, these imaged
records are maintained by NFA for 10 years after the individual's
registration(s), or the registration of the firm(s) with which the
individual is affiliated as an associated person or principal becomes
inactive.
NFA also maintains an index and summary of the hard copy records
of this system in a data base, the Membership, Registration,
Receivables System (MRRS). The MRRS records are maintained
permanently on CFTC's or NFA's premises, as applicable, and are
updated periodically as long as the individual's application is
pending for registration in any capacity or affiliated with any
registrant in any capacity. MRRS records on persons who may apply may
be maintained indefinitely; microfiche records, when produced, are
maintained permanently on the CFTC's or NFA's premises.
System manager(s) and address:
Assistant Director for Registration, Division of Trading and
Markets, at the Commission's principal office, or a designee. For
records held by NFA, the systems manager is the Vice President for
Registration, National Futures Association, 200 West Madison Street,
Suite 1400, Chicago, Illinois 60606-3447, or a designee.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves, seeking access to records
about themselves in this system of records or contesting the content
of records about themselves should address written inquiry to the
FOI, Privacy and Sunshine Acts Compliance Staff, Commodity Futures
Trading Commission, 1155 21st Street, NW, Washington, DC 20581.
Telephone (202) 418-5105. Individuals may also request registration
information by telephone directly from the NFA information center at
1-800-676-3570 or the NFA Disciplinary Information Access Line at 1-
800-676-4632. NFA will query the computer database about the
individual's current registration status and registration history,
and provide instructions on how to make written requests for copies
of records.
Record source categories:
The individual or firm on whom the record is maintained; the
individual's employer; federal, state and local regulatory and law
enforcement agencies; commodities and securities exchanges, National
Futures Association and National Association of Securities Dealers;
foreign futures and securities authorities and INTERPOL; and other
miscellaneous sources. Computer records are prepared from the forms,
supplements, attachments and related documents submitted to the
Commission or NFA and from information developed during the fitness
inquiry.
#..CFTC-13
#....System name:
Interpretation Files.
System location:
Files are kept in the office responsible for preparing the
interpretation letter, including the Division of Trading and Markets,
the Office of the General Counsel, and the Division of Economic
Analysis. Copies of the interpretation letters without the supporting
documentation are also kept in the Secretariat and the Office of
Public Affairs. All offices are located at 1155 21st Street, NW,
Washington, DC 20581.
Categories of individuals covered by the system:
Persons who have requested the Commission to provide them with
its interpretation of provisions of the Commodity Exchange Act or
various rules and regulations adopted by the Commission. The requests
may have been made directly by the individual, or through the
individual's attorney or other representative.
Categories of records in the system:
Interpretation letters furnished, the request for an
interpretation, and any related internal memoranda and supporting
documents.
Authority for maintenance of the system:
Section 2(a)(4) of the Commodity Exchange Act, 7 U.S.C. 4a(c), 44
U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
a. Pursuant to the Commission's rules, 17 CFR 140.98,
interpretation letters and the related requests for interpretation
that discuss matters of general applicability are made public and
published by the Commission. Portions of such letters or information
will be deleted or omitted to the extent necessary to prevent a
clearly unwarranted invasion of personal privacy or to the extent
they otherwise contain material considered nonpublic under the
Freedom of Information Act and the Commission's rules implementing
that Act.
b. Information in these files may be used as a reference in
responding to later inquiries from the same party or in following up
on earlier correspondence involving the same person.
c. Also see ``General Statement of Routine Uses.''
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By futures commission merchant, floor broker, commodity pool
operator, commodity trading advisor or associated person if the
request is made by them or on their behalf. If it is made on behalf
of another individual, it will be filed by the name of the
individual. If the identity of these persons is not known, the record
will be maintained in the name of the attorney or other
representative filing the request.
Safeguards:
Access limited to the offices where the records are maintained.
Retention and disposal:
Maintained permanently (on premises for 5 years then transferred
to the Federal Records Center). After 20 years, offered to the
National Archives and Records Service.
System manager(s) and address:
Chief Counsel, Division of Trading and Markets; the General
Counsel; Director, Division of Economic Analysis; the Secretary to
the Commission; and the Director, Office of Public Affairs. All
system managers are located in the Commission's principal office. See
``The Location of Systems of Records.''
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves, or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records
should address written inquiry to the FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
Individuals, proprietorships, corporations, other business
organizations, or representatives seeking interpretation of the
provisions of the Commodity Exchange Act or Commission rules.
#..CFTC-14
#....System name:
Matter Files.
System location:
This system is located in the Commission's principal and regional
offices. Pending investigation files may be located in the office
that is conducting the investigation. See ``The Location of Systems
of Records.''
Categories of individuals covered by the system:
a. Individuals whom the staff has reason to believe have
violated, are violating, or are about to violate the Commodity
Exchange Act and the rules, regulations, and orders promulgated
thereunder, or the rules and regulations of any board of trade
designated as a contract market.
b. Individuals whom the staff has reason to believe may have
information concerning violations of the Commodity Exchange Act and
the rules, regulations, and orders promulgated thereunder, or the
rules and regulations of any board of trade designated as a contract
market.
c. Individuals involved in investigations authorized by the
Commission concerning the activities of members of the Commission or
its employees based upon formal complaint or otherwise.
d. Individuals filing an application for registration as
associated person, floor trader or floor broker Form 8-R
(biographical information questionnaire) in connection with an
application for registration with the Commission.
e. Individuals indicted or convicted for criminal violations of
the Act or other commodity related violations.
Categories of records in the system:
Anything obtained during the course of an investigation including
data from Commission reporting forms, account statements and other
trading records, exchange records, bank records and credit
information, business records, reports of interviews, transcripts of
testimony, exhibits to transcripts, affidavits, statements by
witnesses, registration information, contracts and agreements. Also
contains internal memoranda, reports of investigation, orders of
investigation, subpoenas, warning letters, stipulations of
compliance, correspondence and other miscellaneous matters. The
nature of the personal information contained in these files varies
according to what is considered relevant by the attorney assigned
based on the circumstances of the particular case under
investigation, and may include personal background information about
the individual involved, his education and employment history,
information on prior violations, and a wide variety of financial
information, as well as a detailed examination of the individual's
activities during the period in question.
Authority for maintenance of the system:
Section 8 of the Commodity Exchange Act, 7 U.S.C. 12; 44 U.S.C.
3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.'' Information concerning
traders and their activities may be disclosed and made public by the
Commission to the extent permitted by law when deemed appropriate to
further the practices and policies of the Commodity Exchange Act.
Information collected during the investigation may be included in a
public report issued by the Commission following an investigation, to
the extent that this is authorized under section 8 of the Commodity
Exchange Act, 7 U.S.C. 12.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, disks, computer memory, computer
printouts. A summary index of material is also stored on the
computer.
Retrievability:
By assigned matter title, person or firm.
Safeguards:
In addition to normal office and building security, certain of
these records are maintained in locked file cabinets. All employees
are aware of the sensitive nature of the information gathered during
investigations.
Retention and disposal:
In the principal office, opening and closing reports, complaints,
and significant orders are kept permanently. Once an investigation is
closed without institution of a case, the files, other than the
materials described above, are shipped to off-site storage within
ninety days of closing. Records of preliminary inquiries closed
without further action, are forwarded to off-site storage within a
year following closure. Records are maintained in off-site storage
for 5 years, then destroyed. In the regional offices, records are
maintained on the premises for 3 years after the matter is closed,
then sent to the Federal Records Center for 5 years before being
destroyed.
If an investigatory matter is not closed, but becomes a
Commission injunctive or administrative action, the matter files
become part of the case files described in CFTC-16.
System manager(s) and address:
Director, Division of Enforcement in the Commission's principal
office. Regional Counsel of the region where the investigation is
being conducted. See ``The Location of Systems of Records.''
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves, or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records
should address written inquiry to the FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
a. Reporting forms and other information filed with the
Commission; b. boards of trade; c. persons or firms covered by the
Commission's registration requirements; d. federal, state and local
regulatory and law enforcement agencies; e. banks, credit
organizations and other institutions; f. corporations; g. individuals
having knowledge of the facts; h. attorneys; i. publications; j.
courts; and k. miscellaneous sources.
#..CFTC-15
#....System name:
Large Trader Report Files.
System location:
The copies of original reports and related correspondence are
located in the CFTC office where filed. See further description
below. Ancillary records and information (computer printout) may be
located in any CFTC office. See ``The Location of Systems of
Records.''
Categories of individuals covered by the system:
Individuals holding reportable positions.
Categories of records in the system:
1. Reports filed by the individual holding the reportable
position:
a. Statements of Reporting Trader (CFTC Form 40) contains
information described in part 18 of the Commission's rules and
regulations, including the name, address, number, and principal
occupation of the reporting trader, financial interest in and control
of commodity futures accounts, and information about the trader's
business associations;
b. Large trader reporting form (Series 03 Form). Contains
information described in part 18 of the Commission's rules and
regulations, including the trader's identifying number, previous open
contracts, trades and deliveries that day, open contracts at the end
of the day, and classification as to speculation or hedging
(available on a non-routine basis by special call);
c. Large trader reporting form (Series 04 Form). Contains
information described in part 19 of the Commission's rules and
regulations, to be filed by merchants, processors and dealers in
commodities that have federally imposed speculative position limits.
Includes trader's identifying number, stocks owned, fixed price sale
and purchase commitments. These reports are filed in the CFTC office
in the city where the reporting trader is located. If there is no
CFTC office in that city, the reports are filed according to specific
instructions of the CFTC.
2. Reports to be filed by futures commission merchants, members
of contract markets, foreign brokers and for large option traders by
contract markets.
a. Identification of ``Special Accounts'' (CFTC Form 102).
Contains material described in part 17 of the Commission's rules and
regulations. Includes the name, address, and occupation of a customer
whose accounts have reached the reporting level. Also includes the
account number that the futures commission merchant uses to identify
this customer on the firm's 01 report (see next paragraph), and
whether the customer has control of or financial interest in accounts
of other traders.
b. Large trader reporting form (Series 01 Form). Contains
material described in part 17 of the Commission's rules and
regulations, for each ``special account.'' Shows customer account
number, reportable position held in each commodity future and
Other Popular 1997 Privacy Act Documents Documents:
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