82 STAT. ]
PUBLIC LAW 90-258-FEB. 19, 1968
27
shall be included with the positions held and trading done by such person; and further, such limits upon positions and trading shall apply to positions held by, and trading done by, two or more persons acting pursuant to an expressed or implied agreement or understanding, the same as if the positions were held by, or the trading were done by, a single person. Nothing in this section shall be construed to prohibit the commission from fixing different trading or position limits for different commodities, markets, futures, or delivery months, or different trading limits for buying and selling operations, or different limits for the purposes of subparagraphs 2 (A) and (B) of this section, or from exempting transactions normally known to the trade as 'spreads' or 'straddles' or from fixing limits applying to such transactions or positions different from limits fixed for other transactions or positions." SEC. 3. Section 4a(2)(B) of the Commodity Exchange Act, as amended (7 U.S.C. 6a(2)(B)), is amended to read as follows: ^l^} ^°"K ° //•/-r-»\T
1
' \-
1
111
1
ii
snort position.
" (B) directly or indirectly to hold or control a net long or a net short position in any commodity for future delivery on or subject to the rules of any contract market in excess of any position limit fixed by the commission for or with respect to such commodity r Provided, That such position limit shall not apply to a position acquired in good faith prior to the effective date of such order." SEC. 4. Section 4a (3) of the Commodity Exchange Act, as amended ^^^^^^"^^ *'"^"^' (7 U.S.C. 6a (3)), is amended by deleting the first two sentences thereof 49 Stat. 1493. and substituting the following: "No order issued under paragraph (1) of this section shall apply to transactions or positions which are shown to be bona fide hedging transactions or positions. For the purposes of determining the bona fide hedging transactions or positions of any person under this paragraph (3), they shall mean sales of, or short positions in, any commodity for future delivery on or subject to the rules of any contract market made or held by such person to the extent that such sales or short positions are offset in quantity by the ownership or purchase of the same cash commodity by the same person or, conversely, purchases of, or long positions in, any commodity for future delivery on or subject to the rules of any contract market made or held by such person to the extent that such purchases or long positions are offset by sales of the same cash commodity by the same person." SEC. 5. Section 4b of the Commodity Exchange Act, as amended Fraud. (7 U.S.C. 6b), is amended as follows: (a) By deleting the portion of said section which begins with the phrase " I t shall be unlawful" and extends through the phrase "for or on behalf of any person" and by substituting for the deleted portion, the following: "It shall be unlawful (1) for any member of a contract market, or for any correspondent, agent, or employee of any member, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce, made, or to be made, on or subject to the rules of any contract market, for or on behalf of any other person, or (2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, made, or to be made, on or subject to the rules of any contract market, for or on behalf of any other person"; and (b) By inserting the word "other" before the word "person" where the latter word appears in subparagraph (A), and the first time it appears in subparagraphs (B) and (C). SEC. 6. Section 4d of the Commodity Exchange Act, as amended fundr°i^ves'tment. (7 U.S.C. 6d), is amended as follows: (a) By deleting the second proviso from the last sentence of the section and substituting therefor the following: '•Provided further,
�
