United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2013_register executive 2013-04-19 article Part II Rules and Regulations D09002ee1c7fb98df D09002ee1c7fb99f2 United States Commodity Futures Trading Commission originator org United States Government Agency or Subagency United States Securities and Exchange Commission originator org United States Government Agency or Subagency The Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (together, the "Commissions") are jointly issuing final rules and guidelines to require certain regulated entities to establish programs to address risks of identity theft. These rules and guidelines implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which amended the Fair Credit Reporting Act and directed the Commissions to adopt rules requiring entities that are subject to the Commissions' respective enforcement authorities to address identity theft. First, the rules require financial institutions and creditors to develop and implement a written identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The rules include guidelines to assist entities in the formulation and maintenance of programs that would satisfy the requirements of the rules. Second, the rules establish special requirements for any credit and debit card issuers that are subject to the Commissions' respective enforcement authorities, to assess the validity of notifications of changes of address under certain circumstances. 78 FR 23638 https://www.govinfo.gov/app/details/FR-2013-04-19/2013-08830 2013-08830 fr19ap13-19 RIN 3038-AD14 RIN 3235-AL26 6351-01-P; 8011-01-p Release Nos. 34-69359, IA-3582, IC-30456 File No. S7-02-12 https://www.govinfo.gov/app/details/FR-2013-04-19/2013-08830 https://www.govinfo.gov/content/pkg/FR-2013-04-19/html/2013-08830.htm https://www.govinfo.gov/content/pkg/FR-2013-04-19/pdf/2013-08830.pdf Cardholders Card Issuers Commodity Pool Operators Commodity Trading Advisors Confidential Business Information Consumer Reports Credit Creditors Consumer Customer Financial Institutions Futures Commission Merchants Identity Theft Introducing Brokers Major Swap Participants Privacy Red Flags Reporting and Recordkeeping Requirements Retail Foreign Exchange Dealers Self-Regulatory Organizations Service Provider Swap Dealers 29 p. 23638 23666 78 FR 23638 Title 17 Part 162 17 CFR Part 162 Title 17 Part 248 17 CFR Part 248 RIN 3038-AD14 RIN 3235-AL26 Identity Theft Red Flags Rules; Federal Register Vol. 78, Issue RULE 2013-08830 II COMMODITY FUTURES TRADING COMMISSION SECURITIES AND EXCHANGE COMMISSION 2013-05-20 2013-11-20 Release Nos. 34-69359, IA-3582, IC-30456 File No. S7-02-12 6351-01-P; 8011-01-p 2013-08830 Joint final rules and guidelines.

The Commodity Futures Trading Commission ("CFTC") and the Securities and Exchange Commission ("SEC") (together, the "Commissions") are jointly issuing final rules and guidelines to require certain regulated entities to establish programs to address risks of identity theft. These rules and guidelines implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which amended the Fair Credit Reporting Act and directed the Commissions to adopt rules requiring entities that are subject to the Commissions' respective enforcement authorities to address identity theft. First, the rules require financial institutions and creditors to develop and implement a written identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The rules include guidelines to assist entities in the formulation and maintenance of programs that would satisfy the requirements of the rules. Second, the rules establish special requirements for any credit and debit card issuers that are subject to the Commissions' respective enforcement authorities, to assess the validity of notifications of changes of address under certain circumstances.

Effective date: May 20, 2013; Compliance date: November 20, 2013. CFTC: Sue McDonough, Counsel, at Commodity Futures Trading Commission, Office of the General Counsel, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581, telephone number (202) 418-5132, facsimile number (202) 418-5524, email smcdonough@cftc.gov; SEC: with regard to investment companies and investment advisers, contact Andrea Ottomanelli Magovern, Senior Counsel, Amanda Wagner, Senior Counsel, Thoreau Bartmann, Branch Chief, or Hunter Jones, Assistant Director, Office of Regulatory Policy, Division of Investment Management, (202) 551-6792, or with regard to brokers, dealers, or transfer agents, contact Brice Prince, Special Counsel, Joseph Furey, Assistant Chief Counsel, or David Blass, Chief Counsel, Office of Chief Counsel, Division of Trading and Markets, (202) 551-5550, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-8549. Cardholders Card Issuers Commodity Pool Operators Commodity Trading Advisors Confidential Business Information Consumer Reports Credit Creditors Consumer Customer Financial Institutions Futures Commission Merchants Identity Theft Introducing Brokers Major Swap Participants Privacy Red Flags Reporting and Recordkeeping Requirements Retail Foreign Exchange Dealers Self-Regulatory Organizations Service Provider Swap Dealers Identity Theft Red Flags Rules , smcdonough@cftc.gov http://comments.cftc.gov/PublicComments/CommentList.aspx?id=1171 http://usatoday30.usatoday.com/money/perfi/basics/story/2012-08-26/wire-transfer-fraud/57335540/1 http://www.cftc.gov/LawRegulation/OTCDERIVATIVES/index.htm http://www.ffiec.gov/pdf/authentication_guidance.pdf http://www.ftc.gov/opa/2010/05/redflags.shtm http://www.ftc.gov/os/2008/10/081021taskforcereport.pdf http://www.ftc.gov/os/2009/06/090611redflagsfaq.pdf http://www.gao.gov/new.items/d10513.pdf http://www.nfa.futures.org/NFA-registration/NFA-membership-and-dues.HTML http://www.ntia.doc.gov/reports/2010/iptf_privacy_greenpaper_-12162010.pdf http://www.sec.gov/comments/s7-02-12/s70212.shtml http://www.sec.gov/investor/pubs/onlinebrokerage.htm http://www.whitehouse.gov/sites/default/files/privacy-final.pdf https://www.javelinstrategy.com/uploads/web_brochure/1303.R_2013IdentityFraudBrochure.pdf Vol. 78, no. 76 Office of the Federal Register, National Archives and Records Administration 2013-04-19 continuing daily deposited born digital 224 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2013-04-19 P0b002ee184554717 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr19ap13 https://www.govinfo.gov/app/details/FR-2013-04-19 https://www.govinfo.gov/content/pkg/FR-2013-04-19/pdf/FR-2013-04-19.pdf https://www.govinfo.gov/content/pkg/FR-2013-04-19/xml/FR-2013-04-19.xml fdlp 23457 23669 DGPO 2013-04-19 2024-06-03 FR-2013-04-19 machine generated eng FR FR-2013-04-19 78 76