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Merchants, Introducing Brokers, Commodity Trading Advisors, Commodity
Pool Operators, Leverage Transaction Merchants, and Associated
Persons.
System location:
National Futures Association (NFA), 200 West Madison Street,
Suite 1400, Chicago, Illinois 60606-3447.
Categories of individuals covered by the system:
Persons who have applied for registration as floor brokers, floor
traders or as associated persons, and principals (as defined in 17
CFR 3.1) of futures commission merchants, introducing brokers,
commodity trading advisors, commodity pool operators, and leverage
transaction merchants.
Categories of records in the system:
Information pertaining to the registration and fitness of the
above-described individuals to engage in business subject to the
Commission's jurisdiction. The system includes applications for
registration forms, schedules, and supplements; fingerprint cards;
correspondence relating to registration; and reports and memoranda
reflecting information developed from various sources.
Computerized systems, consisting primarily of information taken
from the registration forms, are maintained by NFA. Computer records
include the name, date and place of birth, social security number
(optional), exchange membership (floor brokers and floor traders
only), firm affiliation, and the residence or business address, or
both, of each associated person, floor broker, floor trader and
principal. Computer records also include information relating to
name, trade name, principal office address, records address, names of
principals and branch managers of futures commission merchants,
introducing brokers, commodity pool operators, commodity trading
advisors, and leverage transaction merchants.
Directories, when produced, list the name, business address, and
exchange membership affiliation of all registered floor brokers and
the name and firm affiliation of all associated persons and
principals. These directories, as well as registration forms and
biographical supplements, except for any confidential information on
supplementary attachments to the forms, are publicly available to any
person for disclosure, inspection and copying.
Authority for maintenance of the system:
Sections 4f(1), 4k(4), 4k(5), 4n(1), 8a(1), 8a(5), 8a(10) and 19
of the Commodity Exchange Act as amended, 7 U.S.C. 6f(1), 6k(4),
6k(5), 6n(1), 12a(1), 12a(5), 12a(10), and 23 (1988), as amended by
the Futures Trading Practices Act of 1992, Pub L. 102-546, 106 Stat.
3590.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.'' In addition,
information contained in this system of records may be disclosed by
the Commission as follows:
1. Information contained in this system of records may be
disclosed to any person with whom an applicant or registrant is or
plans to be associated as an associated person or affiliated as a
principal.
2. Information contained in this system of records may be
disclosed to any registered futures commission merchant with whom an
applicant or registered introducing broker has entered or plans to
enter into a guarantee agreement in accordance with Commission
regulation 1.10 (17 CFR 1.10).
NFA may disclose information contained in those portions of this
system of records maintained by NFA, but any such disclosure must be
made in accordance with Commission-approved NFA rules and under
circumstances authorized by the Commission as consistent with the
Commission's regulations and routine uses. No specific consent is
required by an applicant or registered introducing broker to
disclosure of information to the futures commission merchant with
whom it has or plans to enter a guarantee agreement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, computer memory, computer
printouts, indexed cards, and microfiche.
Retrievability:
By the name of the individual or firm, or by assigned
identification number. Where applicable, the NFA's computer cross-
indexes the individual's primary registration file to the name of the
futures commission merchant, introducing broker, commodity trading
advisor, commodity pool operator or leverage transaction merchant
with whom the individual is associated or affiliated.
Safeguards:
General office security measures including secured rooms or
premises and, in appropriate cases, lockable file cabinets, with
access limited to those whose official duties require access.
Retention and disposal:
Hard copies of applications, biographical supplements, other
forms, related documents and correspondence are maintained on the
NFA's premises, 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 copies of records are then stored at an
appropriate site for an additional eight years before being
destroyed. Records are to be stored either on NFA's premises or in
appropriate fireproof off-site facilities.
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 and are updated periodically as long as the individual is
pending for registration, registered in any capacity or affiliated
with any registrant as a principal. MRRS records on persons who may
apply may be maintained indefinitely.
System manager(s) and address:
Assistant Director for Registration, Division of Trading and
Markets, Commodity Futures Trading Commission, 1155 21st Street, NW,
Washington, DC 20581, and Vice President for Registration, National
Futures Association, 200 West Madison Street, Suite 1400, Chicago,
Illinois 60606-3447.
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 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.
Individuals may also request registration information by telephone
from the NFA information center at 1-800-676-3570 or from the
Disciplinary Information Access Line at 1-800-676-4632. NFA will
query the MRRS system about 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. The computer records are prepared from the
forms, supplements, attachments and related documents submitted to
the NFA and from information developed during the fitness inquiry.
#..CFTC-21
Deleted--Incorporated into CFTC-20.
#..CFTC-22
Deleted--Incorporated into CFTC-20.
#..CFTC-23
Deleted--Incorporated into CFTC-20.
#..CFTC-24
Deleted--Incorporated into CFTC-20.
#..CFTC-25
Deleted.
#..CFTC-26
Deleted--Incorporated into CFTC-14.
#..CFTC-27
Deleted.
#..CFTC-28
#....System name:
SRO Disciplinary Action File.
System location:
Records in this system are maintained at the Commission's
principal and regional offices. See ``The Location of Systems of
Records.''
Categories of individuals covered by the system:
Persons who have been suspended, expelled, disciplined, or denied
access to or by a self-regulatory organization (SRO).
Categories of records in the system:
Letters of notification of disciplinary or other adverse action
taken by an exchange that include the name of the person against whom
such action was taken, the action taken and the reasons therefore.
Authority for maintenance of the system:
Section 8c(1)(B) of the Commodity Exchange Act, 7 U.S.C.
12c(1)(B).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Loose-leaf binders, computer memory, and computer printouts.
Retrievability:
By chronological order according to the self-regulatory
organization that took the disciplinary or other adverse action that
is the subject of the notice and by the name of the individual.
Safeguards:
General office security measures.
Retention and disposal:
Retained indefinitely.
System manager(s) and address:
Assistant Director, Contract Markets Section, Commodity Futures
Trading Commission, 1155 21st Street, NW, Washington, DC 20581.
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:
Self-regulatory organizations notifying the Commission of
disciplinary or other adverse actions taken.
#..CFTC-29
#....System name:
Reparation Complaints.
System location:
This system is located in the Office of Proceedings, 1155 21st
Street, NW, Washington, DC 20581.
Categories of individuals covered by the system:
Individuals filing customer reparation complaints, as well as the
firms and individuals named in the complaints.
Categories of records in the system:
Reparation complaints, answers, supporting documentation and
correspondence filed with the Office of Proceedings. If the complaint
is forwarded for decision by an administrative law judge or
proceedings officer, records become part of CFTC-3, Docket Files.
Authority for maintenance of the system:
Section 14 of the Commodity Exchange Act, 7 U.S.C. 18.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records are used in the conduct of the Commission's
reparation program. 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, computer memory, computer
printouts.
Retrievability:
By docket number and cross-indexed by the name of the complainant
and respondent.
Safeguards:
General office security including secured rooms and, in
appropriate cases, lockable file cabinets, with access limited to
those whose official duties require access.
Retention and disposal:
The records are maintained for 10 years after the case is closed,
except that complaints, decisions, and Commission opinions and
orders, are retained indefinitely.
System manager(s) and address:
Office of Proceedings, Complaints Section, 1155 21st Street, NW,
Washington, DC 20581.
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:
Persons or firms filing reparation complaints or answers.
#..CFTC-30
#....System name:
Open Commission Meetings--CFTC.
System location:
This system is located in the Office of the Secretariat,
Commodity Futures Trading Commission, 1155 21st Street, NW,
Washington, DC 20581.
Categories of individuals covered by the system:
Persons who are the subject of discussion at a Commission meeting
open for public observation.
Categories of records in the system:
Information pertaining to the individuals who are the subject of
discussion at an open Commission meeting.
Authority for maintenance of the system:
Government in the Sunshine Acts, 5 U.S.C. 552b(f) and Commission
regulations at 17 CFR 147.7.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The information in these files is a matter of public record and
may be disclosed without restriction. 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 or microfiche; audio cassette
tapes.
Retrievability:
The indices to the recordings, transcripts, and minutes of all
Commission meetings are organized by year in chronological order.
Each yearly index is further indexed in alphabetical order according
to subject matter, including the names of individuals, firms,
exchanges or other topics that are discussed at the meetings.
Safeguards:
General office security measures, with access limited to persons
whose official duties require access.
Retention and disposal:
Maintained on the premises for at least the statutory period
required by the Sunshine Act and Commission regulations (i.e., at
least two years after each meeting or at least one year after the
conclusion of any agency proceeding with respect to which the meeting
or portion of the meeting was held, whichever is later); then retired
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