[Title 17 CFR 17]
[Code of Federal Regulations (annual edition) - April 1, 2003 Edition]
[Title 17 - COMMODITY AND SECURITIES EXCHANGES]
[Chapter I - COMMODITY FUTURES TRADING COMMISSION]
[Part 17 - REPORTS BY FUTURES COMMISSION MERCHANTS, MEMBERS OF CONTRACT MARKETS AND FOREIGN BROKERS]
[From the U.S. Government Printing Office]


17COMMODITY AND SECURITIES EXCHANGES12003-04-012003-04-01falseREPORTS BY FUTURES COMMISSION MERCHANTS, MEMBERS OF CONTRACT MARKETS AND FOREIGN BROKERS17PART 17COMMODITY AND SECURITIES EXCHANGESCOMMODITY FUTURES TRADING COMMISSION
PART 17--REPORTS BY FUTURES COMMISSION MERCHANTS, MEMBERS OF CONTRACT MARKETS AND FOREIGN BROKERS--Table of Contents




Sec.
17.00  Information to be furnished by futures commission merchants, 
          clearing members and foreign brokers.
17.01  Special account designation and identification.
17.02  Place and time of filing reports.
17.03  Delegation of authority to the Director of the Division of Market 
          Oversight and to the Executive Director.
17.04  Reporting omnibus accounts to the carrying futures commission 
          merchant or foreign broker.

    Authority: 7 U.S.C. 6a, 6c, 6d, 6f, 6g, 6i, 7, and 12a, unless 
otherwise noted.



Sec. 17.00  Information to be furnished by futures commission merchants, clearing members and foreign brokers.

    (a) Special Accounts--Reportable futures and options positions, 
delivery notices and exchanges of futures for cash. Each futures 
commission merchant, clearing member and foreign broker shall submit a 
report to the Commission for each business day with respect to all 
special accounts carried by the futures commission merchant, clearing 
member or foreign broker, except for accounts carried on the books of 
another futures commission merchant on a fully-disclosed basis. Except 
as otherwise authorized by the Commission or its designee, such report 
shall be made on compatible data processing media in accordance with the 
format and coding provisions set forth in paragraph (g) of this section. 
The report shall show each futures position, separately for each 
contract market and for each future, and each put and call options 
position separately for each contract market, expiration and strike 
price in each special account as of the close of market on the day 
covered by the report and, in addition, the quantity of exchanges of 
futures for physicals and the number of delivery notices issued for each 
such account by the clearing organization of a contract market and the 
number stopped by the account.
    (2) A report covering the first day upon which a special account is 
no longer reportable shall also be filed showing the information 
specified in paragraph (a)(1) of this section.
    (b) Interest in or control of several accounts. Except as otherwise 
instructed by the Commission or its designee and as specifically 
provided in Sec. 150.4 of this chapter, if any person holds or has a 
financial interest in or controls more than one account, all such 
accounts shall be considered by the futures commission merchant, 
clearing member or foreign broker as a single account for the purpose of 
determining special account status and for reporting purposes. For 
purposes of this section, the following shall apply:
    (1) Accounts of eligible entities--Accounts of eligible entities as 
defined in

[[Page 307]]

Section 150.1 of the Chapter that are traded by an independent account 
controller shall, together with other accounts traded by the independent 
account controller or in which the independent controller has a 
financial interest, be considered a single account.
    (2) Accounts Controlled by Two or More Persons--Accounts that are 
subject to day-to-day trading control by two or more persons shall, 
together with other accounts subject to control by exactly the same 
persons, be considered a single account.
    (3) Account ownership. Multiple accounts owned by a trader shall be 
considered a single account as provided under Secs. 150.4(b), (c) and 
(d) of this chapter.
    (d) Net positions. Futures commission merchants, clearing members 
and foreign brokers shall report positions net long or short in each 
future of a commodity and each strike price of a put or call option for 
each expiration month in all special accounts, except as specified in 
paragraph (e) of this section.
    (e) Gross positions. In the following cases, the futures commission 
merchant, clearing member or foreign broker shall report gross long and 
short positions in each future of a commodity and each strike price of a 
put or call option for each expiration month in all special accounts:
    (1) Positions which are reported to an exchange or the clearinghouse 
of an exchange on a gross basis, which the exchange uses for calculating 
total open interest in a commodity;
    (2) Positions in accounts owned or held jointly with another person 
or persons;
    (3) Positions in multiple accounts subject to trading control by the 
same trader; and
    (4) Positions in omnibus accounts.
    (f) If the total open long positions or the total open short 
positions for any future of a commodity carried in an omnibus account is 
a reportable position, the omnibus account is in Special Account status 
and shall be reported by the futures commission merchant or foreign 
broker carrying the account in accordance with paragraph (a) of this 
section.
    (g) Media and file characteristics. (1) Except as otherwise approved 
by the Commission or its designee, all required records shall be 
submitted together in a single file. Each record will be 80 characters 
long. The specific record format is shown in the table below:

                                                  Record Layout
----------------------------------------------------------------------------------------------------------------
             Beginning column              Length         Type \1\                         Name
----------------------------------------------------------------------------------------------------------------
1........................................       2  AN                     Report Type.
3........................................       3  AN                     Reporting Firm.
6........................................       2                         Reserved.
8........................................      12  AN                     Account Number.
20.......................................       8  AN                     Report Date.
28.......................................       2  AN                     Exchange Code.
30.......................................       1  AN                     Put or Call.
31.......................................       5  AN                     Commodity Code (1).
36.......................................       8  AN                     Expiration Date (1).
44.......................................       7  S                      Strike Price.
51.......................................       1  AN                     Exercise Style.
52.......................................       7  N                      Long--Buy--Stopped.
59.......................................       7  N                      Short--Sell--Issued.
66.......................................       5  AN                     Commodity Code (2).
71.......................................       8  AN                     Expiration Date (2).
79.......................................       2  .....................  Reserved.
80.......................................       1  AN                     Record Type.
----------------------------------------------------------------------------------------------------------------
\1\ AN--Alpha--numeric, N--Numeric, S--Signed numeric.

    (2) Field definitions are as follows:
    (i) Report type. This report format will be used to report three 
types of data: long and short futures and options positions, futures 
delivery notices issued and stopped, and exchanges of futures for 
physicals bought and sold. Valid values for the report type are ``RP'' 
for reporting positions, ``DN'' for reporting notices, and ``EP'' for 
reporting exchanges of futures for physicals.
    (ii) Reporting firm. The clearing member number assigned by an 
exchange or clearing house to identify reporting firms. If a firm is not 
a clearing member, a three-character alpha-numeric identifier assigned 
by the Commission.
    (iii) Account number. A unique identifier assigned by the reporting 
firm to each special account. The field is zero filled with account 
number right-justified. Assignment of the account number is subject to 
the provisions of Secs. 17.00 (b) and (c) and 17.01(a).
    (iv) Report Date. The format is YYYYMMDD, where YYYY is the year, MM 
is the month, and DD is the day of the month.
    (v) Exchange. This is a two-character field used to identify the 
exchange on

[[Page 308]]

which a position is held. Valid values are as follows:

01  Chicago Board of Trade
02  Chicago Mercantile Exchange
03  MidAmerica Commodity Exchange
06  Coffee, Sugar and Cocoa Exchange
07  Comex Division of NYMEX
08  Kansas City Board of Trade
09  Minneapolis Grain Exchange
10  Philadelphia Board of Trade
12  New York Mercantile Exchange
13  New York Cotton Exchange
15  New York Futures Exchange

    (vi) Valid values for this field are ``C'' for a call option and 
``P'' for a put option. For futures, the field is blank.
    (vii) Commodity (1). An exchange-assigned commodity code for the 
futures or options contract.
    (viii) Expiration date (1). The date format is YYYYMMDD and 
represents the expiration date or delivery date of the reported futures 
or options contract. For date-specific instruments such as flexible 
products, the full date must be reported. For other options and futures, 
this field is used to report the expiration year and month for an 
options contract or a delivery year and month for a futures contract. 
The day portion of the field for these contracts contains spaces.
    (ix) Strike price. This is a signed numeric field for reporting 
options strike prices. The strike prices should be right-justified and 
the field zero-filled. Strike prices must be reported in the same 
formats that are used by an exchange. For futures, the field is left 
blank.
    (x) Exercise style. Valid values for this field are ``A'' for 
American style options, i.e., those that can be exercised at any time 
during the life of the options; and ``E'' for European, i.e., those that 
can be exercised only at the end of an option's life. This field is 
required only for flexible instruments or as otherwise specified by the 
Commission.
    (xi) Long-Buy-Stopped (Short-Sell-Issued). When report type is 
``RP'', report long (short) positions open at the end of a trading day. 
When report is ``DN'', report delivery notices stopped (issued) on 
behalf of the account. When report type is ``EP'', report purchases 
(sales) of futures for cash for the account. Report all information in 
contracts. Position data are reported on a net or gross basis in 
accordance with paragraphs (e) and (d) of this section.
    (xii) Commodity (2). The exchange assigned commodity code for a 
futures contract or other instrument that a position is exercised into 
from a date-specific or flexible option.
    (xiii) Expiration date (2). Similar to other dates, the format is 
YYYYMMDD and represents the expiration date or delivery month and year 
of the future or other instrument that a position is exercised into from 
a date-specific or flexible option.
    (xiv) Record type (1). Record type is used to correct errors or 
delete records that have previously been submitted. Valid values are 
``A'', ``C'', ``D'' or ``blank''. An A or ``blank'' is used in this 
field for all new records. If the record corrects information for a 
previously provided record, this field must contain a ``C'' or ``blank'' 
and the record must contain all information on the previously 
transmitted record. If the record deletes information on a previously 
provided record, this field must contain a ``D'' and all information on 
the previously transmitted record.
    (h) Correction of errors and omissions. Corrections to errors and 
omissions in data provided pursuant to Sec. 17.00(a) shall be filed on 
series '01 forms or on computer printouts using a format and coding 
structure approved by the Commission or its designee.

(Approved by the Office of Management and Budget under control number 
3038-0009)

[41 FR 3207, Jan. 21, 1976, as amended at 44 FR 25434, May 1, 1979; 46 
FR 18530, Mar. 25, 1981; 46 FR 54528, Nov. 3, 1981; 46 FR 59965, Dec. 8, 
1981; 46 FR 63036, Dec. 30, 1981; 48 FR 52702, Nov. 22, 1983; 49 FR 
46117, Nov. 23, 1984; 51 FR 4718, Feb. 7, 1986; 58 FR 33330, June 17, 
1993; 62 FR 24032, May 2, 1997; 64 FR 24046, May 5, 1999]



Sec. 17.01  Special account designation and identification.

    When a special account is reported for the first time, the FCM, 
clearing member, or foreign broker shall identify the account to the 
Commission or to the contract market on form 102 showing the information 
in paragraphs (a) through (f) of this section.

[[Page 309]]

    (a) Special account designator. A unique identifier for the account. 
Provided, that the same designator is assigned for option and futures 
reporting, and the identifier is not changed or assigned to another 
account without prior approval of the Commission or its designee.
    (b) Special account identification. The name, address, business 
phone, and for individuals, the person's job title and employer for the 
following:
    (1) The person originating the account, if the special account is a 
house omnibus or customer omnibus account; or
    (2) The person (i.e., individual, corporation, partnership, etc.) 
who owns the special account, if such person (or an employee or officer) 
also controls the trading of the special account. And, in addition:
    (i) The registration status of the person as a commodity trading 
advisor or a securities investment advisor;
    (ii) The legal organization of the person and the person's principal 
business or occupation;
    (iii) Account numbers and account names included in the special 
account, if different than supplied in paragraph (b)(2) of this section;
    (iv) The name and location of all persons not identified in 
paragraph (b)(2) of this section having a ten percent or more financial 
interest in the special account, indicating those having discretionary 
trading over the account; and
    (v) For special accounts with five or fewer persons having trading 
authority, the names and locations of all persons with trading authority 
that have not been identified in paragraphs (b)(2) or (b)(2)(iv) of this 
section; or
    (3) The account controller, if trading of the special account is 
controlled by a person or legal entity who is an independent account 
controller for the account owners as defined in Sec. 150.1(e). And, in 
addition:
    (i) The registration status of the person as a commodity trading 
advisor or a securities investment advisor;
    (ii) [Reserved]
    (iii) If fewer than ten accounts are under control of the 
independent advisor, for each account the account number and the name 
and location of each person having a ten percent or more financial 
interest in the account; and
    (iv) On call by the Commission or its designee, for each account 
controlled by the independent advisor, the account number and account 
name and the name and location of each person having a ten percent or 
more financial interest in the account.
    (c) [Reserved]
    (d) Commercial use. For futures or options, commodities in which 
positions or transactions in the account are associated with a 
commercial activity of the account owner in a related cash commodity or 
activity (i.e., those considered as hedging, risk-reducing, or otherwise 
off-setting with respect to the cash commodity or activity).
    (e) Account executive. The name and business telephone number of the 
associated person of the FCM who has solicited and is responsible for 
the account or, in the case of an introduced account, the name and 
business telephone number of the introducing broker who introduced the 
account.
    (f) Reporting firm. The name and address of the FCM clearing member, 
or foreign broker carrying the account, the signature, title, and 
business phone of the authorized representative of the firm filing the 
report, and the date of signing the form 102.
    (g) Form 102 updates. If, at the time an account is in special 
account status and a form 102 filed by an FCM, clearing member, or 
foreign broker is then no longer accurate because there has been a 
change in the information required under paragraph (b) of this section 
since the previous filing, the FCM, clearing member, or foreign broker 
shall file an updated form 102 with the Commission or the contract 
market, as appropriate, within three business days after such change 
occurs.

[61 FR 6312, Feb. 20, 1996, as amended at 65 FR 14458, Mar. 17, 2000]



Sec. 17.02  Place and time of filing reports.

    Unless otherwise instructed by the Commission or its designee, the 
reports required to be filed by FCMs, clearing members, and foreign 
brokers under Secs. 17.00 and 17.01 shall be filed at the nearest 
appropriate Commission office as specified in paragraphs (a), (b), and 
(c) of this section, wherein the times

[[Page 310]]

stated are eastern times for information concerning markets located in 
that time zone, and central time for information concerning all other 
markets.
    (a) For data submitted on compatible data processing media:
    (1) At the Chicago Regional Office for dial-up data transmission or 
magnetic tape; and at the Chicago, New York or Kansas City Regional 
Office for magnetic diskettes.
    (2) Not later than 9 a.m. on the business day following that to 
which the information pertains.
    (b) For data submitted in hard-copy form pursuant to Secs. 17.00 
(a), or (h) at a Commission office by facsimile or as otherwise 
specified in accordance with instructions by the Commission or its 
designee. Data in hard-copy form required under Sec. 17.00(a) shall be 
submitted no later than 9 a.m. on the business day following that to 
which the information pertains.
    (c) For data submitted pursuant to Sec. 17.01 on the form 102;
    (1) on call by the Commission or its designee, the type of special 
account specified in 1(a), 1(b), or 1(c) of form 102, and the name and 
location of the person to be identified in 1(d) on the form 102 by 
facsimile or telephone on the same day that the special account in 
question is first reported to the Commission; and
    (2) a completed form 102 within three business days of the first day 
that the special account in question is reported to the Commission.

(Approved by the Office of Management and Budget under control number 
3038-0009)

[51 FR 4719, Feb. 7, 1986, as amended at 61 FR 6313, Feb. 20, 1996; 62 
FR 24033, May 2, 1997]



Sec. 17.03  Delegation of authority to the Director of the Division of Market Oversight and to the Executive Director.

    The Commission hereby delegates, until the Commission orders 
otherwise, the authority set forth in paragraphs (a) and (b) of this 
section to the Director of the Division of Market Oversight and the 
authority set forth in paragraph (c) of this section to the Executive 
Director to be exercised by such Director or by such other employee or 
employees of such Director as designated from time to time by the 
Director. The Director of the Division of Market Oversight or the 
Executive Director may submit to the Commission for its consideration 
any matter which has been delegated in this paragraph. Nothing in this 
paragraph prohibits the Commission, at its election, from exercising the 
authority delegated in this paragraph.
    (a) Pursuant to Sec. 17.00 (a) and (h), the authority to determine 
whether futures commission merchants, clearing members and foreign 
brokers can report the information required under Rule 17.00(a) and Rule 
17.00(h) on series '01 forms or updated Commission supplied computer 
printouts upon a determination by the Director that such person 
technologically is unable to provide such information on compatible data 
processing media.
    (b) Pursuant to Sec. 17.02, the authority to instruct and/or to 
approve the time and Commission office at which the information required 
under Rules 17.00 and 17.01 must be submitted by futures commission 
merchants, clearing members and foreign brokers provided that such 
persons are unable to meet the requirements set forth in Sec. 17.01; and
    (c) Pursuant to Sec. 17.00(a), the authority to approve a format and 
coding structure other than that set forth in Sec. 17.00(g).

[62 FR 24034, May 2, 1997, as amended at 67 FR 62352, Oct. 7, 2002]



Sec. 17.04  Reporting omnibus accounts to the carrying futures commission merchant or foreign broker.

    (a) Any futures commission merchant, clearing member or foreign 
broker who establishes an omnibus account with another futures 
commission merchant or foreign broker shall report to that futures 
commission merchant or foreign broker the total open long positions and 
the total open short positions in each future of a commodity and, for 
commodity options transactions, the total open long put options, the 
total open short put options, the total open long call options, and the 
total open short call options for each commodity options expiration date 
and each strike price in such account at the close of trading each day.

[[Page 311]]

The information required by this section shall be reported in sufficient 
time to enable the futures commission merchant or foreign broker with 
whom the omnibus account is established to comply with part 17 of these 
regulations and reporting requirements established by the contract 
markets.
    (b) In determining open long and open short futures positions, and 
open purchased long and open granted short option positions, in an 
omnibus account for purposes of complying with Secs. 17.00(f), 1.37(b) 
and 1.58 of this chapter, a futures commission merchant, clearing member 
or foreign broker shall total the open long positions of all traders and 
the open short positions of all traders in each future of a commodity 
and, for commodity options transactions, shall total the open long put 
options, the open short put options, the open long call options, and the 
open short call options of all traders for each commodity option 
expiration date and each strike price. The futures commission merchant, 
clearing member or foreign broker shall, if both open long and short 
positions in the same future are carried for the same trader, compute 
open long or open short futures positions as instructed below.
    (1) Include both the total open long and the total open short 
positions of the trader if:
    (i) The positions represent transactions on a contract market which 
requires long and short positions in the same future held in accounts 
for the same trader to be recorded and reported on a gross basis; or
    (ii) The account is an omnibus account of another futures commission 
merchant or foreign broker; or
    (2) Include only the net long or net short positions of the trader 
if the positions represent transactions on a contract market which does 
not require long and short positions in the same future held in accounts 
for the same trader to be recorded and reported on a gross basis.

(Approved by the Office of Management and Budget under control number 
3038-0009)

[46 FR 63036, Dec. 30, 1981, and 47 FR 21028, May 17, 1982, as amended 
at 62 FR 24034, May 2, 1997]