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BNY Mellon Asset Servicing Selected to Provide Services For ETF Securities

Physical Swiss Gold Shares New ETF Aimed at Providing Investors with Low-Cost Exposure to Gold
September 16, 2009--BNY Mellon Asset Servicing, the global leader in securities servicing, announced today that it has been selected by ETF Securities to provide comprehensive exchange-traded funds (ETF) services for the ETF Securities (ETFS) Physical Swiss Gold Shares (NYSE ARCA: SGOL), which has been designed to reflect the price of gold bullion. The services include trustee services, fund accounting, fund administration, ETF services and transfer agency.

"We are pleased to expand our relationship with ETF Securities, which currently utilizes our asset servicing capabilities for derivatives-based funds that are distributed in Europe," said Joseph Keenan, managing director and head of relationship management for BNY Mellon Asset Servicing. "The new gold-backed fund demonstrates the increasing diversification that investors can achieve through ETFs."

"BNY Mellon has an excellent reputation for providing customized services for commodity-based exchange-traded products," said Fred Jheon, head of product and business development for ETFS Marketing LLC. "Based on our existing relationship in Europe, we are confident that BNY Mellon will be an excellent partner in the U.S. on our new physically-backed precious metal products. Our new offering, SGOL, has been constructed to provide investors with a low-cost and convenient way to gain exposure to physical gold held in fortified vaults in Switzerland, and we are confident that BNY Mellon has the capabilities to support this type of product."

ETF Securities Ltd is a provider of exchange traded commodities (ETCs) and exchange traded funds (ETFs). ETF Securities is independently owned and is the European market leader in ETCs. The management of ETF Securities pioneered the development ETCs, with the world's first listing of an ETC, Gold Bullion Securities in Australia and London in 2003 and then the world's first entire ETC platform which was listed on the London Stock Exchange in September 2006. ETF Securities has most recently launched the largest platform of thematic sector ETFs in Europe providing exposure to European firsts such as coal, steel, shipping and nuclear power.

BNY Mellon Asset Servicing offers clients worldwide a broad spectrum of specialized asset servicing capabilities, including custody and fund services, securities lending, performance and analytics, and execution services.

BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation. BNY Mellon is a global financial services company focused on helping clients manage and service their financial assets, operating in 34 countries and serving more than 100 markets. The company is a leading provider of financial services for institutions, corporations and high-net-worth individuals, providing superior asset management and wealth management, asset servicing, issuer services, clearing services and treasury services through a worldwide client-focused team. It has $20.7 trillion in assets under custody and administration, $926 billion in assets under management, services $11.8 trillion in outstanding debt, and processes global payments averaging $1.8 trillion per day. Additional information is available at bnymellon.com.

Opening Statement of Chairman Gary Gensler, Commodity Futures Trading Commission, Meeting of: The Energy and Environmental Markets Advisory Committee

September 16, 2009--Good morning. Thank you Commissioner Chilton for chairing today’s meeting of the Energy and Environmental Markets Advisory Committee. I look forward to a productive discussion of some of the key issues facing the Commodity Futures Trading Commission. I’d also like to join Commissioner Chilton in welcoming all of the EEMAC members. I wish to thank you for all of your advice and contributions.

Energy markets are at the forefront of the CFTC’s regulatory agenda. The top seven energy contracts that we regulate have a notional value of nearly $700 billion. It is essential that this agency continues to police the energy markets for fraud, manipulation and other abuses by promoting market integrity and enhancing transparency.

Earlier this summer, we held three hearings into if the Commission should set position limits in the energy markets. The Congress mandated in our statute that the CFTC set position limits to protect the American public. We do so in the agriculture markets. Working with the exchanges, we did so for energy and metals contracts through June, 2001. In that regard, I understand that a major exchange will release a White Paper on position limits later today. I thank them for their contribution to this dialogue and look forward to reviewing their paper. I believe that we should continue to seriously consider the benefits of position limits. I look forward as well to hearing from EEMAC members on this issue.

We also are working with Congress to ensure that the “trade” part of any “cap-and-trade” legislation is effectively regulated.

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TREASURY INTERNATIONAL CAPITAL DATA FOR JULY

September 16, 2009--The U.S. Department of the Treasury today released Treasury International Capital (TIC) data for July 2009. The next release, which will report on data for August 2009, is scheduled for October 16, 2009.

Net foreign purchases of long-term securities were $15.3 billion.

Net foreign purchases of long-term U.S. securities were $44.0 billion. Of this, net purchases by private foreign investors were $32.1 billion, and net purchases by foreign official institutions were $12.0 billion.

U.S. residents purchased a net $28.8 billion of long-term foreign securities. Net foreign acquisition of long-term securities, taking into account adjustments, is estimated to have been negative $7.4 billion.

Foreign holdings of dollar-denominated short-term U.S. securities, including Treasury bills, and other custody liabilities decreased $4.5 billion. Foreign holdings of Treasury bills increased $14.4 billion.

Banks' own net dollar-denominated liabilities to foreign residents decreased $85.7 billion.

Monthly net TIC flows were negative $97.5 billion. Of this, net foreign private flows were negative $131.3 billion, and net foreign official flows were $33.8 billion.

Complete data are available on the Treasury website at www.treas.gov/tic

Note: The data for lines 22-32, and especially line 29, include data from a number of institutions previously reporting only quarterly as nonbanks, but which are now reporting monthly as banking entities. This change in reporter classification affects data going back to October 2008.

view the TIC Monthly Reports on Cross-Border Financial Flows(Billions of dollars, not seasonally adjusted)

FRC Issues New Report on the Industry

September 15, 2009--Financial Research Corporation (FRC) issued a new report that finds that ETF product comfort levels are high among financial advisors. Advisors at wirehouses and RIAs were most satisfied with ETFs, with 82 percent and 76 percent, respectively,

saying they were “very comfortable” or “somewhat comfortable” with ETF products.

A majority of RIA advisors (57 percent) and wirehouse advisors (56 percent), said they “intend to make net additions in the next 12 months” in ETFs

The survey was conducted in May 2009. More information visit www.frcnet.com.

CCX To Be Global Exchange Partner Of Carbon Disclosure Project

September 15, 2009--Chicago Climate Exchange® (CCX®), a Climate Exchange plc company, announced today it is partnering with the Carbon Disclosure Project (CDP) on efforts related to emissions disclosure and greenhouse gas management as CDP’s exclusive Global Exchange Partner.

“CDP has done so much to help investors make well informed decisions and to elevate the discussion on the need to manage greenhouse gas emissions from a business perspective,” said CCX Chairman and founder Richard L. Sandor. “Through our new partnership with CDP, we will further efforts to cost-effectively and meaningfully reduce emissions.”

CEO and co-founder of the Carbon Disclosure Project Paul Dickinson said “CCX and the Climate Exchange companies are playing a vital role globally in the development of carbon trading as a mechanism to drive emissions reductions. Through our partnership, we will provide policy makers and the marketplace with new insights into how good measurement, reporting and carbon management not only cuts emissions, but also unlocks the key to significant commercial opportunities for companies and investors alike.”

As CDP’s exclusive Global Exchange Partner, CCX will also join CDP in producing a white paper on managing greenhouse gas emissions and the associated commercial and revenue opportunities for economic entities in China. In 2008, CCX established the Tianjin Climate Exchange (TCX), a joint venture with Chinese National Petroleum Corporation Asset Management Company and the city of Tianjin, and the first integrated environmental emissions reduction, management and trading platform in China.

The Carbon Disclosure Project is an independent not-for-profit organization which holds the largest database of corporate climate change information in the world. The data is obtained from responses to CDP’s annual Information Requests, issued on behalf of institutional investors, purchasing organizations and government bodies.

Sandor also serves as Executive Chairman of Climate Exchange plc. Climate Exchange plc owns CCX, including the CCX-subsidiary Chicago Climate Futures Exchange® (CCFE®), as well as the European Climate Exchange (ECX). Climate Exchange plc is a publicly traded company listed on the AIM division of the London Stock Exchange (CLE.L).

SEC Investor Advisory Committee Forms Subcommittees to Tackle Ambitious Agenda on Behalf of Investors

September 15. 2009 — The Securities and Exchange Commission's newly-formed Investor Advisory Committee today announced that three subcommittees have been formed to address specific categories of regulatory issues as the Committee tackles its wide-ranging agenda. The subcommittees will focus on investor education, investor protection, and shareholder voting and corporate governance.

The SEC's Investor Advisory Committee was formed by SEC Chairman Mary L. Schapiro to give investors a greater voice in the Commission's work. Richard Hisey from AARP Financial and Hye-Won Choi from TIAA-CREF co-chair the Committee in consultation with SEC Commissioner Luis A. Aguilar, who serves as the Committee's sponsor and chief liaison to the Commission.

"The Committee has identified three important and timely broad subject areas to delve into, and the Commission looks forward to receiving its perspectives," said Chairman Schapiro. "Investor views are integral to the SEC's mission, and the work of these subcommittees will greatly inform the SEC's regulatory agenda."

Commissioner Aguilar added, "The Investor Advisory Committee has decided to form three subcommittees focused on key issues of concern to investors. Investors are engaged in the capital markets in many ways, including as purchasers and shareholders, and these subcommittees will assist the Committee to examine and make recommendations on issues across this spectrum. This is critical work and I look forward to seeing the subcommittees in action."

The three subcommittees are:

An Investor Education Subcommittee
chaired by Dallas Salisbury (President and CEO, Employee Benefit Research Institute) plans to focus on matters related to financial literacy, the efficacy of layered educational resources that may permit investors to access information at varying levels of detail reflecting their needs, the ways that issuers and boards of directors communicate with investors, and the types of technology that can be utilized for education.

An Investor as Purchaser Subcommittee
chaired by Mercer Bullard (Founder and President of Fund Democracy, Inc. and Associate Professor of Law, University of Mississippi School of Law) expects to examine the needs of investors when they purchase specific products (mutual funds, hedge funds, money market funds) and services (brokerage, investment advisory, and financial planning). This subcommittee also will consider the fiduciary duty owed to investors by those who provide investment advice, as well as issues related to pre-sale and other disclosure, intermediary fees and compensation practices, arbitration, and technology.

An Investor as Shareholder
Subcommittee chaired by Stephen Davis (Executive Director of Yale School for Management's Millstein Center for Corporate Governance, and board member of Hermes Equity Ownership Service) intends to review proxy solicitation and disclosure issues, proxy voting and process (including the role of proxy advisory firms), majority voting, Regulation FD, executive compensation practices, the responsibilities of shareholders, international issues, and technology related to shareholder communications and voting.

The SEC's Investor Advisory Committee plans to hold its next meeting in early October.

A new Web page with more information about the work of the SEC's Investor Advisory Committee is available at http://www.sec.gov/spotlight/ investoradvisorycommittee.shtml.

Lehman creditors challenge transfer to BarCap

September 15, 2009--Representatives of the defunct Lehman Brothers estate asked a US judge to re-open the contract that transferred the bank’s North American assets to Barclays Capital a year ago, claiming that up to $8bn in cash and securities was transferred to BarCap without the court’s knowledge.

Attorneys for Alvarez & Marsal, the turnround firm hired by Lehman’s creditors to maximise the amount of recoverable assets, claimed that in the frenzied week during which Lehman’s US assets were sold to Barclays last year – for $1.75bn – the bankruptcy court was kept in the dark read full story

“Moment of Inertia”

Speech of Commissioner Bart Chilton before the Institutional Investors Carbon Forum, the Metropolitan Club, New York, New York
September 15, 2009--Introduction Thank you for the introduction. This is such an exciting time and I really do appreciate the opportunity to be with you today. The topic of this conference is one of the most important things that can be discussed. In fact, I have said that passage and implementation of a green cap and trade legislation—Green CAT—is “the most important thing we have never done.” Needless to say, I’m a big supporter of passage of a thoughtful piece of legislation in this regard. I have also estimated that carbon markets have the potential of being the leading commodity markets traded in the world. Specifically, I have said that within five years of trading, I think they could represent a $2 trillion market. That is good for the futures industry, good for markets, and good for the economic engine of our democracy.

Oh yeah, and it has the benefit of possibly saving the planet. There is always that. You know, avoiding things like rising sea levels that threaten coastlines, resulting in the displacement of hundreds of millions of people; storms and hurricanes that become increasingly powerful—and deadly; serious droughts affecting inland wetlands, causing the loss of massive breeding grounds and filtration systems; and the accompanying increase and spreading of disease. In short, global warming will disrupt ecosystems all over the world, not just those that are in the direct line of fire, so to speak. Those are kind of big bonuses. It is sort of like the pinball machine where the player doesn’t only get the score for one ball, but perhaps triple bonus points. With Green CAT legislation we will see multiple benefits.

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Natural Gas ETF UNG To Issue New Shares

September 15, 2009--UNG’s management has now determined to re-commence offerings of Creation Baskets on September 28, 2009, although such offerings will be limited and subject to the terms and conditions set forth in its September 11, 2009 SEC filing.

UNG’s management suspended the issuance of its units because it determined that at that time UNG could not invest the proceeds from such offerings in investments that, in the opinion of UNG’s management, would permit it appropriately to meet its investment objective due to current and anticipated new regulatory restrictions and limitations that have been and may be imposed by the Commodity Futures Trading Commission, the New York Mercantile Exchange (“NYMEX”) and the IntercontinentalExchange, Inc. Currently, UNG’s management believes that UNG will have the ability, under limited circumstances, to offer Creation Baskets as of the above-referenced date and meet its investment objective. If UNG’s management determines prior to the above referenced date that new circumstances have arisen that will prevent UNG from offering Creation Baskets, it will announce through a Form 8-K such changes in circumstances as soon as practicable.

Accordingly, UNG will resume offering Creation Baskets under the following conditions. First, UNG may, at its sole discretion, condition its acceptance of an Authorized Purchaser’s offer to purchase a Creation Basket on the Authorized Purchaser agreeing to sell to UNG specified investments that meet UNG’s investment objective. These specified investments will include, among other potential investment transactions, the arrangement of an over-the-counter swap contract between UNG and the Authorized Purchaser, an affiliate of the Authorized Purchaser or a third party. These over-the-counter swaps would be on terms acceptable to UNG’s management including that exposure on such swaps be fully collateralized, the swap counterparty meets UNG management’s creditworthiness and diversification standards, the swap be of a certain size and duration and such other terms as UNG determines are appropriate, in its sole discretion. Second, UNG’s management may decide to limit the issuance of Creation Baskets to an Authorized Purchaser to a specified minimum or maximum number of baskets.

view filing

U.S. Commodity Futures Trading Commission and U.K. Financial Services Authority sign new memorandum of understanding (MOU) to enhance supervision of cross border clearing organizations

September 15, 2009--Leaders of the U.S. Commodity Futures Trading Commission (CFTC) and U.K. Financial Services Authority (FSA) yesterday met and signed a new Memorandum of Understanding (MOU) to enhance cooperation and the exchange of information relating to the supervision of cross-border clearing organizations.

The MOU is an important step in ensuring the sound oversight of clearing houses providing services in both the United States and the United Kingdom and will help promote market integrity and appropriate customer protection in the global derivatives markets.

The MOU was signed by CFTC Chairman Gary Gensler and FSA Chief Executive Hector Sants at a meeting in Washington yesterday and took effect immediately.

Semi-annual Changes to the NASDAQ Clean Edge

September 14, 2009--he NASDAQ OMX Group, Inc. (Nasdaq:NDAQ) and Clean Edge, Inc. announced today the results of the semi-annual evaluation of the NASDAQ(R) Clean Edge(R) Green Energy Index (Nasdaq:CELS), which will become effective with the market open on Monday, September 21, 2009.

The following five securities will be added to the Index: Broadwind Energy, Inc. (Nasdaq:BWEN), Comverge, Inc. (Nasdaq:COMV), Capstone Turbine Corporation (Nasdaq:CPST), ESCO Technologies Inc. (NYSE:ESE), and National Semiconductor Corporation (NYSE:NSM).

The Index is designed to track the performance of clean-energy companies that are publicly traded in the U.S. The Index includes companies engaged in the manufacturing, development, distribution, and installation of emerging clean-energy technologies such as solar photovoltaics, biofuels and advanced batteries. The five major sub-sectors that the index covers are Renewable Electricity Generation, Renewable Fuels, Energy Storage & Conversion, Energy Intelligence and Advanced Energy-Related Materials. The securities must also meet other eligibility criteria which include minimum requirements for market value, average daily share volume, and price. The Index is evaluated on a semi-annual basis in March and September. For more information about the NASDAQ Clean Edge Green Energy Index, including detailed eligibility criteria, visit https://indexes.nasdaqomx.com/.

The NASDAQ Clean Edge Green Energy Index is the basis for the First Trust NASDAQ Clean Edge Green Energy Index Fund (Nasdaq:QCLN), which seeks investment results that correspond generally to the price and yield of the NASDAQ Clean Edge Green Energy Index before fees and expenses.

As a result of the evaluation Orion Energy Systems, Inc. (Nasdaq:OESX) and GrafTech International Ltd. (NYSE:GTI) will be removed from the Index.

Semi-annual Changes to the NASDAQ Clean Edge Green Energy Index

September 14, 2009--The NASDAQ OMX Group, Inc.(Nasdaq:NDAQ) and Clean Edge, Inc. announced today the results of thesemi-annual evaluation of the NASDAQ(R) Clean Edge(R) Green Energy Index (Nasdaq:CELS), which will become effective with the market open on Monday, September 21, 2009.

The following five securities will be added to the Index: Broadwind Energy, Inc. (Nasdaq:BWEN), Comverge, Inc. (Nasdaq:COMV), Capstone Turbine Corporation (Nasdaq:CPST), ESCO Technologies Inc. (NYSE:ESE), and National Semiconductor Corporation (NYSE:NSM).

The Index is designed to track the performance of clean-energy companies that are publicly traded in the U.S. The Index includes companies engaged in the manufacturing, development, distribution, and installation of emerging clean-energy technologies such as solar photovoltaics, biofuels and advanced batteries. The five major sub-sectors that the index covers are Renewable Electricity Generation, Renewable Fuels, Energy Storage & Conversion, Energy Intelligence and Advanced Energy-Related Materials. The securities must also meet other eligibility criteria which include minimum requirements for market value, average daily share volume, and price. The Index is evaluated on a semi-annual basis in March and September. For more information about the NASDAQ Clean Edge Green Energy Index, including detailed eligibility criteria, visit https://indexes.nasdaqomx.com/.

The NASDAQ Clean Edge Green Energy Index is the basis for the First Trust NASDAQ Clean Edge Green Energy Index Fund (Nasdaq:QCLN), which seeks investment results that correspond generally to the price and yield of the NASDAQ Clean Edge Green Energy Index before fees and expenses.

As a result of the evaluation Orion Energy Systems, Inc. (Nasdaq:OESX) and GrafTech International Ltd. (NYSE:GTI) will be removed from the Index.

Treasury Issues Status Report on Financial Stabilization Efforts

September 14, 2009--The U.S. Treasury Department on Monday issued a report describing the next phase of the government's financial stabilization and rehabilitation policies to provide the public with a status update on these programs and an explanation of the Administration's strategy going forward.

"We are now in a position to adjust our strategy as we move from crisis response to recovery, from rescuing the economy to repairing and rebuilding the foundation for future growth," said Treasury Secretary Tim Geithner. "The critical imperative we face as a country is making sure that the same vulnerabilities in our system which gave rise to this recession are not allowed to trigger another. To do that, we must pass comprehensive regulatory reform legislation by the end of the year."

At the beginning of the year, the incoming Obama Administration faced a combination of acute economic and financial challenges. The viability of many major financial institutions remained in doubt, vital aspects of the financial system were deeply impaired, and the economy was deteriorating rapidly. President-Elect Obama made the key decision to make major commitments to both fiscal stimulus and financial stability.

The Administration's financial policies were designed to achieve four broad objectives. First, the Administration made an unequivocal commitment to ensure that the financial system continued its core functions in support of the broader economy without interruption. Second, the Administration sought to ensure that the financial system had enough capital to provide new credit to the economy by reducing uncertainty and mobilizing private sources of new capital for financial institutions. Third, the Administration sought to restart key non-bank channels of credit intermediation that had been effectively shut down by the crisis. Finally, the Administration sought to moderate the impact of the adjustment in the real estate sector on households by making new mortgage credit more available and by reducing the number of unnecessary foreclosures.

The Financial Stability Plan announced in February laid out the Administration's comprehensive, forceful and sustained Strategy to meet those objectives. That plan, in conjunction with fiscal stimulus, has helped to stabilize financial markets and the nation's economy, and to pull the financial system back from the brink of systemic collapse

The Administration is now moving into a new phase of our strategy to stabilize and rehabilitate financial markets. Utilization of the extraordinary government programs put in place to contain the financial crisis has already declined substantially. Most of these programs were designed to become unattractive once financial markets normalized.

But the process of terminating crisis-related programs must be done in a measured way that does not derail the nascent economic recovery. Unemployment remains elevated, output has fallen significantly, foreclosures continue to rise, and credit to households and businesses remains constrained. The Administration must continue to provide support where it is still needed to rehabilitate disrupted markets that provide critical credit to households and businesses. It would be a mistake to withdraw abruptly from programs supporting these channels for new credit before a self-sustaining economic recovery has taken hold.

As we all move further away from acute crisis, we must not forget the lessons we have learned from this period. Rebuilding our regulatory system in a way that is stronger and better-suited to manage risk and ensure safety and soundness must be our highest priority.

For full report, click here

Remarks of Chairman Gary Gensler, Commodity Futures Trading Commission

September 14, 2009--Good morning. It is a pleasure to be with you today. Thank you to the New Republic and International Securities Exchange for hosting this event and inviting me to participate. Also, thank you to Noam Scheiber for asking me to be here.

One year ago, the financial regulatory system failed the American public. There were gaps in our regulatory structure that left the nation unprepared and unable to respond quickly to changing market environments.

The Administration has sent legislation to Capitol Hill to address some of the causes of the financial crisis. It is essential that we take action to bolster consumer protection in financial products, such as mortgage sales practices; establish a plan that would help unwind nonbank entities that are on the brink of collapse; address systemic risk; and regulate financial products and dealers that have for decades gone unregulated. Today I will spend my time with you addressing unregulated over-the-counter derivatives, which is an area of particular importance to the Commodity Futures Trading Commission.

As we move forward with regulatory reform, we do so with the full knowledge of the failures of our financial regulatory system. The last decade, and particularly the last 24 months, has taught us much about the new realities of our financial markets.

We have learned the limits of foresight and the need for candor about the risks we face. We have learned that transparency and accountability are essential. Only through strong, intelligent regulation can we fully protect the American people and keep our economy strong. We have all felt the effects of the failures of our regulatory system. Every single person in this room had to put money into a company that most Americans had never even heard of. $180 billion of the tax dollars that you and I paid went into AIG to keep its collapse from further harming the economy. We must ensure that this never happens again. We cannot afford any more billion-dollar bailouts.

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CFTC Advisory Committee To Discuss Energy And Environmental Markets - Committee To provide Views On Emissions Trading Markets And Relevant Energy Issues

Committee to provide views on emissions trading markets and relevant energy issues.
September 14, 2009--The Commodity Futures Trading Commission (CFTC or Commission) will convene the second meeting of its expanded Energy and Environmental Markets Advisory Committee (EEMAC) at 8:00 a.m. EDT, on Wednesday, September 16, 2009, at the CFTC’s New York Regional Office, 140 Broadway, 19th Floor, New York, NY 10005.

The Committee will focus on recent CFTC hearings on position limits and hedge exemptions, regulatory reform and legislative proposals, and carbon and other emissions trading markets.

Bart Chilton, the Committee’s Chair, stated that “As Congress once again takes up the important topic of cap and trade legislation, the issue of regulatory oversight in these markets becomes even more critical. The CFTC has a longstanding history of federal regulation of derivatives trading—from monitoring exchange activity to ensuring financial responsibility to carrying out disciplinary and enforcement actions, and it’s very important to have the federal oversight of the entire market as seamless as possible. These markets will be so big, and their impact so large, that the oversight needs to be done right—from the outset.”

The CFTC’s Division of Market Oversight will present an update on energy and environmental markets, the Office of Legislative Affairs will present an update on current legislation and several Committee members will present their views on specific issues. The Commission has invited staff from other federal agencies to attend as observers.

The meeting is open to the public. The meeting will be webcast via the internet and audio of the hearing will be available via a listen-only conference call. Individuals may also view the hearing via teleconference at the Commission’s headquarters in Washington, D.C., Three Lafayette Centre, 1155 21st Street, N.W.; and the Commission’s Chicago Regional Office, 525 West Monroe Street, Suite 1100.

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