EFTA Document EFTA01368435

(A) has a demonstrable ability, directly or through separate contractual arrangements, to make or take delivery of the underlying commodity; (B) incurs risks, in addition to price risk, related to the commodity; or (C) is a dealer that regularly provides risk management or hedging services to, or engages in market making activities with, the foregoing entities involving transactions to purchase or sell the commodity or derivative agreements, contracts, or transactions in the commodity;