12 U.S.C. § 4203 — Confidentiality of declarations
submitted 36 years ago by Pub. L. 101-647 to r/title-12-BANKS-AND-BANKING · 248 words · no verdicts yet
This section bars a declarant and the declarant’s agents from disclosing the existence or filing of a declaration until one of three specified events occurs. It separately bars disclosure of the declaration’s contents when disclosure would prejudice or compromise a government investigation or a related criminal or civil case, subject to authorized legal process, and removes the declarant’s rights under this subchapter after an unauthorized disclosure.
(a) Period of confidentiality. A declarant and the declarant’s agents may not disclose the existence or filing of a declaration filed under section 4201 until: (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4206(b); (2) the declarant receives notice of an award under section 4206(c); or (3) the declarant is granted a contract to pursue an action under section 4205(b) or 4207. This section does not define the quoted term “declarant.”
(b) Keeping confidentiality to prevent prejudice. (1) Despite any other law, the declarant may not disclose the contents of a declaration if disclosure would in any way prejudice or compromise completion of a government investigation or any criminal or civil case that may arise out of, or make use of, information in the declaration. But information in a declaration may be disclosed when a duly issued and authorized legal process requires it. This section does not define the quoted terms “prejudice,” “compromise,” or “legal process.” (2) In a circumstance described in paragraph (1), the Attorney General may notify the declarant that continued confidentiality is required under this subsection despite paragraph (1) or (2) of subsection (a).
(c) Loss of rights. A declarant who, except as this chapter allows, discloses the existence or filing of a declaration or its contents to anyone other than a duly authorized Federal or State* investigator or the declarant’s attorney immediately loses all rights under this subchapter.
A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 4201 of this title until—
the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4206(b) of this title;
the declarant receives notice of an award pursuant to section 4206(c) of this title; or
the declarant is granted a contract to pursue an action under section 4205(b) or 4207 of this title.
Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process.
The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a).
A declarant who discloses, except as provided by this chapter,1 the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State* investigator or the declarant’s attorney shall immediately lose all rights under this subchapter.
Source credit: (Pub. L. 101–647, title XXV, § 2563, Nov. 29, 1990, 104 Stat. 4894.)
- 1990Enacted · Pub. L. 101-647 · 104 Stat. 4894
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.
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