Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47303 

13See, e.g., In re Andrew P. Gonchar and 

Polyvious T. Polyviou, Securities Exchange Act 

Release No. 34–60506 (August 14, 2009). 

14See Notice, supra note 3, at 18778. 

15 Id. at 18778. 

16 Id. at 18779. 

In addition to the proposed rule language, other 

FINRA and NASD rules would continue to govern 

the handling of customer orders. In particular, 

FINRA Rule 2010 requires that members observe 

high standards of commercial honor and just and 

equitable principles of trade, and NASD Rule 2440 

requires that members charge fair prices and 

commissions in their dealings with customers. 

17 Id. at 18778 n.4. 

18See In re Andrew P. Gonchar and Polyvious T. 

Polyviou, supra note 13. 19 17 CFR 200.30–3(a)(12). 

FINRA’s argument that the rule, as 

currently written, may be overbroad. 

There have been a number of changes in 

the markets since the time the rule was 

adopted by the NASD in 1968. However, 

the Commission believes that there 

continue to be opportunities for 

unscrupulous participants in the 

marketplace to interposition third 

parties in a securities transaction 

between themselves and their customers 

to the disadvantage of those 

customers.13 The Commission expects 

FINRA, when it finds evidence of 

interpositioning by members that was 

detrimental to the customer, to charge 

member firms or associated persons, as 

appropriate, with violations of its rules. 

The Commission notes that its 

approval of this rule change is not an 

indication that interpositioning is no 

longer an issue. Rather, it is meant to 

reflect changes in the market place that 

have occurred since 1968 when the rule 

was adopted.14 The Commission notes 

that, even with this rule change, the cost 

to the customer under the proposed rule 

will ‘‘remain a crucial factor in 

determining whether a member has 

fulfilled its best execution obligations 

under Rule 2320,’’ including 

transactions involving interposed third 

parties.15 The Commission also notes 

that interpositioning ‘‘that is 

unnecessary or violates a member’s 

general best execution obligations— 

either because of unnecessary costs to 

the customer or improperly delayed 

executions—would still be 

prohibited.’’ 16 In this respect, the 

Commission takes comfort from 

FINRA’s representations that 

interpositioning that harms a customer 

violates NASD Rule 2440 and FINRA 

Rule 2010.17

The proposed rule will thus continue 

to prohibit interpositioning that 

adversely affects the customer, and the 

cost to the customer will remain a 

central part of that determination. The 

Commission expects FINRA to 

diligently pursue such conduct by 

members.18

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (SR–FINRA– 

2007–024), as modified by Amendment 

No. 1, be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–22109 Filed 9–14–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6760] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Art of 

the Samurai: Japanese Arms and 

Armor, 1156–1868’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Art of the 

Samurai,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at the Metropolitan Museum of 

Art, New York, NY, from on or about 

October 19, 2009, until on or about 

January 10, 2010, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

Dated: September 8, 2009. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–22173 Filed 9–14–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6761] 

Determination and Certification 

Related to Colombian Armed Forces 

Under Section 7046(B) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2009 (DiV. H, Pub. 

L. 111–8) 

Pursuant to the authority vested in the 

Secretary of State, including under 

section 7046 (b)(1)(B) and section 

7046(b)(2) of the Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act, 2009 

(Div. H, Pub. L. 111–8 (‘‘FY 2009 

SFOAA’’), I hereby determine, certify, 

and report that the Colombian Armed 

Forces are meeting the conditions 

contained in section 7046(b)(1)(B) and 

section 7046(b)(2). 

The Department of State has 

periodically consulted with 

internationally recognized human rights 

organizations regarding the Colombian 

Armed Forces’ progress in meeting the 

above-mentioned conditions, as 

provided in section 7046(c) of the FY 

2009 SFOAA. 

This Determination and Certification 

shall be published in the Federal 

Register and copies shall be transmitted 

to the appropriate committees of 

Congress. 

Dated: September 8, 2009. 

James B. Steinberg, 

Deputy Secretary of State. 

[FR Doc. E9–22174 Filed 9–14–09; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF STATE 

[Public Notice 6759] 

Determination Under the Foreign 

Assistance Act and the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Acts 

Pursuant to section 654(c) of the 

Foreign Assistance Act of 1961, as 

amended, notice is hereby given that the 

Deputy Secretary of State has made a 

determination pursuant to section 620H 

of the Foreign Assistance Act, and 

section 7021 of the Department of State, 


sroberts on DSKD5P82C1PROD with NOTICES