Pub. L. 102-546, tit. III, sec. 303

INVESTIGATIVE ASSISTANCE TO FOREIGN FUTURES AUTHORITIES.

EnactedYear: 1992Length: 269 wordsOfficial source
SEC. 303. INVESTIGATIVE ASSISTANCE TO FOREIGN FUTURES AUTHORITIES. Section 12 (7 U.S.C. 16) is amended by adding at the end the following: “(f) (1) On request from a foreign futures authority, the Commission may, in its discretion, provide assistance in accordance with this section if the requesting authority states that the requesting authority is conducting an investigation which it deems necessary to determine whether any person has violated, is violating, or is about to violate any laws, rules or regulations relating to futures or options matters that the requesting authority administers or enforces. The Commission may conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance. Such assistance may be provided without regard to whether the facts stated in the request would also constitute a violation of the laws of the United States. “(2) In deciding whether to provide assistance under this sub-section, the Commission shall consider whether— “(A) the requesting authority has agreed to provide reciprocal assistance to the Commission in futures and options matters; and “(B) compliance with the request would prejudice the public interest of the United States. “(3) Notwithstanding any other provision of law, the Commission may accept payment and reimbursement, in cash or in kind, from a foreign futures authority, or made on behalf of such authority, for necessary expenses incurred by the Commission, its members, and employees in carrying out any investigation, or in providing any other assistance to a foreign futures authority, pursuant to this section. Any payment or reimbursement accepted shall be considered a reimbursement to the appropriated funds of the Commission.”.