Proposed Rule

(m) "Futures"-includes:

(6) for purposes of jurisdiction under this Code,:

(i) foreign currency futures and options transactions brought against a Member or Associate who is subject to Compliance Rule 2-39; and

(ii) foreign currency futures and options transactions that are between a Forex Dealer Member and a person that is not an eligible contract participant as defined in Section 1a(12) of the Act, unless they are executed on a national securities exchange registered pursuant to Section 6(a) of the Exchange Act. Forex Dealer Members, their employees, and Members and Associates who solicit transactions on behalf of, introduce customers to, or manage accounts for customers that enter into transactions with a Forex Dealer Member are all subject to mandatory arbitration in connection with those transactions.