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The Commission , in its Adopting Release , considered issues raised by the extraterritorial application of the rule , and in adopting the rule and rule amendments , the Commission took significant steps designed to limit the extraterritorial burdens of the rule.11 Consistent with that approach , we would not recommend enforcement action to the Commission under section 203 ( a ) against an offshore subadviser that did not register with the Commission as an investment adviser solely because it advises a private fund , provided : ( 1 ) the subadviser is hired ( and subject to being discharged ) by the private fund 's adviser that is registered with the Commission ( " primary adviser " ) ; ( 2 ) the subadviser is not otherwise required to register with the Commission ; ( 3 ) the subadviser does not control , is not controlled by , or is not under common control with the fund 's primary adviser ; 12 ( 4 ) the written materials provided to the fund 's investors clearly disclose that a portion of the fund 's assets may be managed by one or more offshore subadvisers not registered with the Commission ; and ( 5 ) at the time the subadviser is hired , and at the time any additional assets of the fund are allocated to the subadviser for management , the unregistered offshore subadviser does not manage more than 10 percent of the fund 's total assets.13 The first three of these five conditions are suggested by your letter . Ideally , rapid testing should be used to ensure that individuals receive their results prior to being discharged or transferred from a facility . Approximately 10,000 cubic yards of sediment were removed and the treated water was monitored prior to being discharged back into the river . ASSEMBLYWOMAN THOMPSON : - - that as you speak of this as a care management and information related to being discharged , at an earlier hearing , we did have some individuals in speaking of that this was a problem . The treated water was tested prior to being discharged back into the river . The water is sometimes pretreated prior to being discharged into sewage treatment works .