(a) Disclosure to federal and state financial institution supervisory
agencies. The Director of the Division of Supervision and Regulation,
the Director of the Division of Consumer and Community Affairs, the
General Counsel, or the appropriate Reserve Bank may, for legitimate
supervisory or regulatory purposes and with or without a request,
disclose confidential supervisory information and other nonpublic
information to the Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the Bureau of Consumer Financial
Protection, and a state financial institution supervisory agency.
(b) Disclosures pursuant
to the Equal Credit Opportunity Act, the Fair Housing Act, and the
Employee Retirement Income Security Act. The Director of the
Division of Supervision and Regulation, the Director of the Division
of Consumer and Community Affairs, or the General Counsel may disclose
confidential supervisory information and other nonpublic information
concerning a supervised financial institution to:
(1) The Attorney General or to the Secretary
of the Department of Housing and Urban Development related to the
enforcement of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) or the Fair Housing Act (42 U.S.C. 3601 et seq.); and
(2) The Secretary
of the Department of Labor and the Secretary of the Department the
Treasury in accordance with section 3004(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1204(b)).
(c) Disclosure to other governmental
agencies and entities exercising governmental authority. Except
as provided in paragraph (d) or (e) of this section, other federal,
state, and local agencies, including law enforcement agencies, and
other entities exercising governmental authority, may file written
requests with the Board for access to confidential supervisory information
and other nonpublic information under this section, including information
in the form of testimony and interviews from current or former Federal
Reserve System staff. Properly accredited foreign law enforcement
agencies and other foreign government agencies may also file written
requests with the Board in accordance with this paragraph, except
that provision of confidential supervisory information to foreign
bank regulatory or supervisory authorities is governed by 12 CFR 211.27.
(1) Contents
of request. To obtain access to confidential supervisory information
or other nonpublic information under this section, including information
in the possession of a person other than the Board, the requester
shall address a letter request to the Board’s General Counsel, specifying:
(i) The particular information, kinds of information, and where possible,
the particular documents to which access is sought;
(ii) The reasons why such information
cannot be obtained from the supervised financial institution in question
or another source rather than from the Board;
(iii) A statement of the law enforcement
purpose or other statutory purpose for which the information shall
be used;
(iv) A
commitment that the information requested shall not be disclosed to
any person outside the requesting agency or entity without the written
permission of the General Counsel; and
(v) If the document or information requested
includes customer account information subject to the Right to Financial
Privacy Act, as amended (12 U.S.C. 3401 et seq.), any federal
agency request must include a statement that such customer account
information need not be provided, or a statement as to why the Act
does not apply to the request, or a certification that the requesting
federal agency has complied with the requirements of the Act.
(2) Action on request. The General Counsel
may approve the request upon determining that:
(i) The request
complies with this section;
(ii) The information is needed in connection
with a formal investigation or other official duties of the requesting
agency or entity;
(iii) Satisfactory assurances of confidentiality have been given;
and
(iv) Disclosure
is consistent with the supervisory and regulatory responsibilities and
policies of the Board.
8-212.1
(d) Federal and state grand jury, criminal
trial, and government administrative subpoenas. The General Counsel
shall review and may approve the disclosure of nonpublic information
pursuant to federal and state grand jury, criminal trial, and government
administrative subpoenas.
(e) Conditions or limitations; written agreements. The General Counsel may impose any conditions or limitations on
disclosure that the General Counsel determines to be necessary to
effect the purposes of this regulation, including the protection of
the confidentiality of the Board’s information, or to ensure compliance
with applicable laws or regulations. In addition, Board or Reserve
Bank staff may make disclosures pursuant to any written agreement
entered into by the Board when authorized by the express terms of
such agreement or by the General Counsel.
