09-37 ![PDF Image](https://webarchive.library.unt.edu/web/20121007135926im_/http://www.cftc.gov/ucm/fragments/web_header/img/icon-pdf.png)
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Sections 5 and 5a;
No-Action
The Division of Market Oversight issued a letter amending the no-action relief granted November 12, 1999, permitting the International Petroleum Exchange of London Limited (now ICE Futures Europe) to make its electronic trading and order matching system available to its members in the US without obtaining contract market designation pursuant to Sections 5 and 5a of the CEA. The amendment adds additional conditions to ICE Futures Europe’s no-action relief for contracts that it lists that settle against any price of (1) a contract listed for trading on a DCM or DTEF, or (2) a contract listed for trading on an exempt commercial market that has been determined to be a significant price discovery contract. The additional conditions are that ICE Futures Europe provide CFTC staff trade execution and audit trail data for all linked contracts, copies of, or hyperlinks to, all rules, rule amendments, circulars and other notices published by the exchange, and copies of all Disciplinary Notices involving the linked contracts; provide for CFTC on-site visits to examine ICE Futures Europe’s ongoing compliance with its no-action relief; and in the event that the CFTC, directs that NYMEX take emergency action with respect to a linked contract (e.g., to cease trading in the contract), ICE Futures Europe, subject to information-sharing arrangements between the CFTC and FSA, will promptly take similar action with respect to the linked contract at ICE Futures Europe.