NOTICE OF DISCIPLINARY ACTION

NON-MEMBER:

ITOCHU CORPORATION

EXCHANGE RULE: 538.H. Documentation

Parties to any EFRP transaction must maintain all documents relevant to the Exchange contract and the cash, OTC swap, OTC option, or other OTC derivatives, including all documents customarily generated in accordance with relevant market practices and any documents reflecting payment and transfer of title. Any such documents must be provided to the Exchange upon request, and it shall be the responsibility of the carrying clearing member firm to provide such requested documentation on a timely basis.

FINDINGS:

Pursuant to an offer of settlement Itochu Corporation (“Itochu”) presented at hearing on January 15, 2015, in which Itochu neither admitted nor denied the rule violations upon which the penalty is based, a Panel of the NYMEX Business Conduct Committee (“Panel”) found that it had jurisdiction over Itochu pursuant to Rules 402 and 418 and that on trade date January 3, 2014, Itochu entered into an EFRP transaction that did not contain documentation of the related swap transaction, and therefore was not a bona fide EFRP.

The Panel found that as a result, Itochu violated Rule 538.H.

PENALTY:

In accordance with the settlement offer, the Panel ordered Itochu to pay a fine to the Exchange in the amount of $7,500.