Crypto.com | Derivatives North America

200 West Jackson Blvd., Suite 1400

Chicago, IL 60606

FOIA CONFIDENTIAL TREATMENT REQUESTED BY NORTH AMERICAN DERIVATIVES EXCHANGE, INC. PURSUANT TO 17 CFR 

145.9

June 1, 2023

Via Electronic Mail: FOIAsubmissions@cftc.gov

Assistant Secretary of the Commission for FOI,

Privacy, and Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

RE: FOIA Confidential Treatment Request – Petition for Confidential Treatment of North 

American Derivatives Exchange Inc. d/b/a crypto.com | Derivatives North America

(“Nadex”) Materials Disclosed to the Commission Pertaining to further amending certain 

contract specifications for its Bitcoin and Ether Cryptocurrency Touch Bracket Variable 

Payout Contracts and Bitcoin and Ether Cryptocurrency Event Contracts pursuant to 

Commission Regulation §40.6(a)

Dear Assistant Secretary, 

I write to inform you that on June 1, 2023, North American Derivatives Exchange, Inc. d/b/a 

Crypto.com | Derivatives North America (“Nadex, or the “Exchange”) submitted to the Division of 

Market Oversight via the CFTC Portal, a request to the Division of Market Oversight (“DMO” or the 

“Division”) a self-certification notification amending certain contract specifications for its Bitcoin 

and Ether Cryptocurrency Touch Bracket Variable Payout Contracts and Bitcoin and Ether 

Cryptocurrency Event Contracts. The submission consisted of a single pdf file outlining this selfcertification. This documentation is proprietary to Nadex. As such, we request confidential 

treatment of all submitted documents.

Pursuant to Section 8 and 8(a) of the Commodity Exchange Act, as amended, (“CEA”) and 

Commission Regulation §145.9, Nadex requests confidential treatment of the submission and 

this cover letter (together, the “Materials”) on the grounds that disclosure of such Materials would 

reveal trade secrets, financial information, or confidential commercial information of Nadex. 

Furthermore, because the Materials are not reasonably segregable, we request confidentiality for 

every document included in the Materials. To ensure the confidentiality, all relevant pages have 

been labeled as confidential. In addition, we respectfully request that we be notified if the 

Commission, for any reason, considers disclosing the Materials, in any form, to a third party, and 

be given opportunity to object.
Crypto.com | Derivatives North America

200 West Jackson Blvd., Suite 1400

Chicago, IL 60606

FOIA CONFIDENTIAL TREATMENT REQUESTED BY NORTH AMERICAN DERIVATIVES EXCHANGE, INC. PURSUANT TO 17 CFR 

145.9

2

Pursuant to Commission Regulation §145.9(d)(5), we request that the confidential treatment of 

the Materials be permanent. 

The submitter of the information is North American Derivatives Exchange, Inc. The submitter’s 

corporate address is 200 W. Jackson Blvd., Suite 1400, Chicago, IL, 60606. The submitter’s 

telephone is (312) 884-0161. Please send any communications regarding this matter to my 

attention.

Should you have any questions regarding the above, please do not hesitate to contact me by 

telephone at (312) 884-0161 or by email at kevin.dan@nadex.com.

 

Sincerely,

Kevin J. Dan

Chief Compliance Officer

Chief Regulatory Officer