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From: Riley, John <JRiley@CFTC.

gov>
Sent: Friday, January 8,20103:46 PM
To: Chon, Julie (Banking) <Julie_Chon@banking.senate.gov>; Shahinian, Dean
(Banking) <Dean_Shahinian@banking.senate.gov>
Cc: Leslie, Douglass <dleslie@CFTC.gov>; Berkovitz, Dan M
<DBerkovitz@CFTC.gov>; Amir-Mokri, Cyrus <CAmir-Mokri@CFTC.gov>
Subject: CFTC Staff Technical Assistance Related to SEC/CFTC Harmonization Report
recommendations
Attach: Harmonization-Enhanced Authority over Registered Entities Statutory Text
11.20.09.docx; Harmonization-Fiduciary Standards Text l2.6.09.docx;
Harmonization-Whistleblower Statutory Text l2.6.09.docx; Harmonization-
Restitution Statutory Text 11.20.09.docx; Harmonization-Insider Trading Statutory
Text 11.23.09.docx; House passed CEA disruptive practices. pdf

Julie and Dean -

I have some business for you all but first, with regard to the Chairman's announcementthis week, I wish
you both the best for all that comes with that. We very much look forward to continuing to work with you.

On to business. As you know, the SEC and the CFTC in October issued a Joint Report on harmonization
of the agencies' regulations. CFTC staff has prepared as technical assistance draft statutory language designed to
carry out a number of the recommendations in the Joint Report. The attached documents (with the exception of
the last) consist of the draft language. Each document includes an explanation and the report itself includes
justifications. Of course, if you desire any further information about any or all of these items, we are glad to
provide them.

With regard to the last item (Recommendation M), I have attached language included in the House-passed
version ofH.R. 4173. CFTC staff contributed to its development and believes it fairly represents the Report's
recommendation.

The particular recommendations from the report covered by the attached documents are:
RECOMMENDATION C: ENHANCE CFTC AUTHORITY OVER EXCHANGE COMPLIANCE
WITHTHECEA
RECOMMENDATION F: ESTABLISH A UNIFORM FIDUCIARY STANDARD FOR THOSE
PROVIDING INVESTMENT ADVISORY SERVICES
RECOMMENDATION K: ENHANCE WHISTLEBLOWER PROTECTIONS
RECOMMENDATION L: CLARIFY THE COMMODITY EXCHANGE ACT'S RESTITUTION
REMEDY
RECOMMENDATION N: EXPAND THE SCOPE OF INSIDER TRADING PROHIBITIONS
UNDER THE COMMODITY EXCHANGE ACT

RECOMMENDATION M: ENHANCE THE CFTC's DISRUPTIVE TRADING PRACTICES


AUTHORITY

CFTC-CREW-0337
Thanks for taking a look at these with an eye towards inclusion in financial regulatory reform. These
documents have also been shared with the Agriculture Committee. Please always feel free to let me or Doug
know if we can be of assistance.

Again, all the best.

John

John P. Riley
Director of Legislative Affairs
Office ofthe Chairman
u.s. Connnodity Futures Trading Connnission
115521 51 St., NW
Washington, DC 20581
(202) 418-5383
JRi1ey@CFTC.gov

CFTC-CREW-0338

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