of such a company, if the commodity trading advice relates only to a financial commodity interest, as defined in paragraph (12)(C)(ii) of this section. For purposes of this subparagraph only, the term commodity does not include a security issued by a real estate investment trust, business development company, or issuer of asset-backed securities, including any index of such securities. . 318. Procedure for obtaining certain intellectual property The Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) is amended by inserting after section 4t the following: 4u. Procedure for obtaining certain intellectual property The Commission is not authorized to compel persons to produce or furnish algorithmic trading source code or similar intellectual property to the Commission, unless the Commission first issues a subpoena. . 319. Determination of predominant engagement Section 2(h)(7)(C) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C) ), as amended by section 314 of this Act, is amended by adding at the end the following: (v) In determining whether a person is predominantly engaged in a business or activity for purposes of clause (i)(VIII), there shall be excluded revenues and assets that are, or result from, any transaction that is entered into solely for purposes of hedging or mitigating commercial risk (as defined by the Commission for purposes of subparagraph (A)(ii)). . 320. Treatment of transactions between affiliates Section 1a(48) of the Commodity Exchange Act ( 7 U.S.C. 1a(47) ), as so redesignated by section 304(b)(1) of this Act, is amended by adding at the end the following: (G) Treatment of transactions between affiliates (i) Exemption from swap rules An agreement, contract, or transaction described in subparagraphs (A) through (F) shall not be regulated as a swap under this Act if all of the following apply with respect to the agreement, contract, or transaction: (I) Affiliation One counterparty, directly or indirectly, holds a majority ownership interest in the other counterparty, or a third party, directly or