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Proposed NFA Compliance Rule 2-36 (to read as follows):
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Part 2 - RULES GOVERNING THE BUSINESS CONDUCT OF MEMBERS REGISTERED WITH THE COMMISSION
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RULE 2-36 REQUIREMENTS FOR FOREIGN CURRENCY FUTURES OR OPTIONS TRANSACTIONS
- (a) General Prohibition
No Member or Associate shall engage in any foreign currency futures or options transaction that is prohibited under the Commodity Exchange Act.
(b) Fraud and Related Matters
No Member or Associate engaging in any foreign currency futures or options transaction shall:
- (1) Cheat, defraud or deceive, or attempt to cheat, defraud or deceive any other person;
(2) Willfully make or cause to be made a false report, or willfully to enter or cause to be entered a false record in or in connection with any foreign currency futures or options transaction;
(3) Disseminate, or cause to be disseminated, false or misleading information, or a knowingly inaccurate report, that affects or tends to affect the price of any foreign currency;
(4) Engage in manipulative acts or practices regarding the price of any foreign currency or a foreign currency futures or options contract;
(5) Willfully submit materially false or misleading information to NFA or its agents with respect to foreign currency futures or options transactions;
(6) Embezzle, steal or purloin or knowingly convert any money, securities or other property received or accruing to any per-son in or in connection with a foreign currency futures or options transaction.
This rule governs foreign currency futures and options transactions that:
- (i) are between an NFA Member FCM or its affiliate and a person that is not an eligible contract participant as defined in Section 101(12) of the Commodity Futures Modernization Act of 2000; and,
(ii) are not executed on a contract market or designated transaction execution facility.