Non-public customer
Non-public customer means:
(1) With respect to a futures commission merchant, any customer that is not a public customer; and
(2) With respect to a clearing organization, any person whose account carried on the books and records of:
(i) A member of the clearing organization that is a futures commission merchant, is classified as a proprietary account under § 1.3 of this chapter (in the case of the futures or foreign futures account class) or as a cleared swaps proprietary account under § 22.1 of this chapter (in the case of the cleared swaps account class); or
(ii) A member of the clearing organization that is a foreign broker, is classified or treated as proprietary under and for purposes of:
(A) The rules of the clearing organization; or
(B) The jurisdiction of incorporation of such member.