12-U.S.C.-3109
§3109 – Cooperation With Foreign Supervisors
Pathway
Title 12 > Chapter 32 > Section 3109
Details
- Reference: Section 3109
- Legend: §3109 – Cooperation With Foreign Supervisors
- USCode Year: 2013
Provision Content
(a) Disclosure of supervisory information to foreign supervisors
Notwithstanding any other provision of law, the Board, Comptroller of the Currency, Federal Deposit Insurance Corporation, and Director of the Office of Thrift Supervision may disclose information obtained in the course of exercising supervisory or examination authority to any foreign bank regulatory or supervisory authority if the Board, Comptroller, Corporation, or Director determines that such disclosure is appropriate and will not prejudice the interests of the United States.
(b) Requirement of confidentiality
Before making any disclosure of any information to a foreign authority, the Board, Comptroller of the Currency, Federal Deposit Insurance Corporation, and Director of the Office of Thrift Supervision shall obtain, to the extent necessary, the agreement of such foreign authority to maintain the confidentiality of such information to the extent possible under applicable law.
(c) Confidential information received from foreign supervisors
(1) In general
Except as provided in paragraph (3), a Federal banking agency may not be compelled to disclose information received from a foreign regulatory or supervisory authority if—
(A) the Federal banking agency determines that the foreign regulatory or supervisory authority has, in good faith, determined and represented in writing to such Federal banking agency that public disclosure of the information would violate the laws applicable to that foreign regulatory or supervisory authority; and
(B) the relevant Federal banking agency obtained such information pursuant to—
(i) such procedures as the Federal banking agency may establish for use in connection with the administration and enforcement of Federal banking laws; or
(ii) a memorandum of understanding or other similar arrangement between the Federal banking agency and the foreign regulatory or supervisory authority.
(2) Treatment under title 5
For purposes of section 552 of title 5, this subsection shall be treated as a statute described in subsection (b)(3)(B) of such section.
(3) Savings provision
No provision of this section shall be construed as—
(A) authorizing any Federal banking agency to withhold any information from any duly authorized committee of the House of Representatives or the Senate; or
(B) preventing any Federal banking agency from complying with an order of a court of the United States in an action commenced by the United States or such agency.
(4) Federal banking agency defined
For purposes of this subsection, the term Federal banking agency means the Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Director of the Office of Thrift Supervision.
(Pub. L. 95–369, §15, as added Pub. L. 102–242, title II, §206, Dec. 19, 1991, 105 Stat. 2294; amended Pub. L. 109–351, title VII, §709, Oct. 13, 2006, 120 Stat. 1990.)
Amendments
2006—Subsec. (c). Pub. L. 109–351 added subsec. (c).
U.S. Encyclopedia of Law Coverage
12-U.S.C.-3051 in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-3051, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
Subchapter XVI – Consolidation and Merger in the Legal Encyclopedia: Banks
In this entry about Subchapter XVI – Consolidation and Merger, find legal reference material, bibliographies and premiere content related to banks in the American Encyclopedia of Law, presenting a comprehensive view of the United States banks-specific issues, written by authorities in the field.
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