In the Matter of the Intercontinental Exchange, Inc. Petition for Expansion of the Definition of an Eligible Commercial Entity Under Section 1a(11)(C) of the Commodity Exchange Act

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In response to a petition from the Intercontinental Exchange, Inc. ("Intercontinental"), the Commodity Futures Trading Commission ("Commission" or "CFTC"), pursuant to section 1a(11)(C) of the Commodity Exchange Act ("Act"), is issuing an order that deems, subject to certain conditions, brokers and traders associated with the International Petroleum Exchange ("IPE"), a recognized investment exchange ("RIE") located in the United Kingdom ("U.K."), who are either authorized by the Financial Services Authority ("FSA") or registered with the IPE,\1\ when acting in a proprietary trading capacity, to be an "eligible commercial entity" as defined in section 1a(11) of the Act.\2\ Accordingly, subject to certain conditions as set forth in the Commission's order, IPE members authorized as commodity brokers by FSA or registered as local traders with IPE, when acting for their own accounts, are permitted to enter into transactions in exempt commodities on exempt commercial markets pursuant to section 2(h)(3) of the Act. In order to participate, the FSA-authorized broker or IPE- registered trader must either be an eligible contract participant, as that term is defined in section 1a(12) of the A