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LegalText 12 U.S.C. § 3109 Cooperation with foreign supervisors us united_states_code code_section 12 BANKS AND BANKING 32 FOREIGN BANK PARTICIPATION IN DOMESTIC MARKETS 3109 12 U.S.C. § 3109 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc12@119-100.zip /us/usc/t12/s3109 data/legal/raw/us/code/title-12/usc12.xml 9eeeb92e5e5f8703423a5cdcb0ab0859f52463043d1d9e1fddaac68fc6752137 e6b98700ef4156ac33fde5d105824845d727afa91a53f3762be2cf4d1a3b01fa 6bf5d571acaa8a2f82ca89d6068b76ae5686ad645e77a2e07bf10bb85e41721d 2026-07-04 official
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12 U.S.C. § 3109 - Cooperation with foreign supervisors

Text

(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. 95369, § 15, as added Pub. L. 102242, title II, § 206, Dec. 19, 1991, 105 Stat. 2294; amended Pub. L. 109351, title VII, § 709, Oct. 13, 2006, 120 Stat. 1990.)

Notes

Editorial Notes

Amendments2006—Subsec. (c). Pub. L. 109351 added subsec. (c).