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8.1.2 Sharing Information
8.1.2.1 Access to the Investigative Files of Other Government Agencies, Registered
Futures Associations, and Self-Regulatory Organizations
Division staff may find useful information about persons under investigation for possible
violations of the CEA or the Regulations in the investigative files of criminal authorities;
governmental agencies at the federal, state, and local level; as well as registered futures
associations (e.g., the NFA) and SROs (e.g., DCMs, DCOs, or SEFs). The CFTC has signed
MOUs or similar cooperative enforcement arrangements with certain government agencies, such
as FERC and the Federal Trade Commission, which also address the sharing of confidential
information. Thus, in conducting investigations, Division staff considers requesting access to the
investigative files of criminal authorities and other agencies and entities that may have
information relating to the same persons, entities, or activities.
In the ordinary course, requests for access to such investigative files should be made in writing
and addressed to an appropriate official in the other agency. A written request for access to
another agency’s files may be signed by a Deputy on behalf of the Director. To the extent the
other agency places use restrictions on the disclosure or use of such information, Division staff
should consult with the other agency on any such restrictions and raise any issues or questions
with OCC.
8.1.2.2 Access to the Investigative Files of the CFTC by Other Government Agencies,
Registered Entities, Registered Futures Associations, and SROs
Section 8 of the CEA, 7 U.S.C. § 12, generally prohibits the CFTC from disclosing information
obtained in connection with its investigations. Federal or state agencies, foreign authorities, and
designated officials of certain authorized industry organizations may request access to the
Division’s investigative files. Section 8(e) of the CEA, 7 U.S.C. § 12(e), permits the sharing of
confidential information with any department or agency of the federal government or a State or
any political subdivision thereof or any foreign government or any political subdivision thereof,
and Section 8a(6), 7 U.S.C. § 12a(6), permits such sharing with registered entities, NFA, or an
SRO. Authorized entities seeking access must obtain permission from the Director of the
Division, in accordance with Section 8(e) of the CEA, 7 U.S.C. § 12(e), and Regulation 140.73,
17 C.F.R. § 140.73, for domestic and foreign authorities, or Section 8a(6) of the CEA, 7 U.S.C.
§ 12a(6), and Regulation 140.72, 17 C.F.R. § 140.72, for registered entities, the NFA, or an
SRO. Access requests are considered separate and distinct from subpoenaed documents,
testimony, or other demands of a court, which are addressed in Part 144 of the Regulations,
17 C.F.R. pt. 144.
Division referrals to an authorized entity usually include an invitation to the authorized entity to
seek access to the Division’s non-public investigative files.
In sharing information, Division staff may take into consideration many factors, including the
following: