[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR792.40]



[Page 706]

 

                       TITLE 12--BANKS AND BANKING

 

            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION

 

PART 792_REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 

AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR CLASSIFIED 

INFORMATION--Table of Contents

 

    Subpart C_Production of Nonpublic Records and Testimony of NCUA 

                     Employees in Legal Proceedings

 

Sec. 792.40  What does this subpart prohibit?



    Source: 62 FR 56054, Oct. 29, 1997, unless otherwise noted.





    This subpart prohibits the release of nonpublic records or the 

appearance of an NCUA employee to testify in legal proceedings except as 

provided in this subpart. Any person possessing nonpublic records may 

release them or permit their disclosure only as provided in this 

subpart.

    (a) Duty of NCUA employees. (1) If an NCUA employee is served with a 

subpoena requiring him or her to appear as a witness or produce records, 

the employee must promptly notify the Office of General Counsel. The 

General Counsel has the authority to instruct NCUA employees to refuse 

appearing as a witness or to withhold nonpublic records. The General 

Counsel may let an NCUA employee provide testimony, including expert or 

opinion testimony, if the General Counsel determines that the need for 

the testimony clearly outweighs contrary considerations.

    (2) If a court or other appropriate authority orders or demands 

expert or opinion testimony or testimony beyond authorized subjects 

contrary to the General Counsel's instructions, an NCUA employee must 

immediately notify the General Counsel of the order and respectfully 

decline to comply. An NCUA employee must decline to answer questions on 

the grounds that this subpart forbids such disclosure and should produce 

a copy of this subpart, request an opportunity to consult with the 

Office of General Counsel, and explain that providing such testimony 

without approval may expose him or her to disciplinary or other adverse 

action.

    (b) Duty of persons who are not NCUA employees. (1) If you are not 

an NCUA employee but have custody of nonpublic records and are served 

with a subpoena requiring you to appear as a witness or produce records, 

you must promptly notify the NCUA about the subpoena. Also, you must 

notify the issuing court or authority and the person or entity for whom 

the subpoena was issued of the contents of this subpart. Notice to the 

NCUA is made by sending a copy of the subpoena to the General Counsel of 

the NCUA, Office of General Counsel, 1775 Duke Street, Alexandria, 

Virginia 22314-3428. After receiving notice, the NCUA may advise the 

issuing court or authority and the person or entity for whom the 

subpoena was issued that this subpart applies and, in addition, may 

intervene, attempt to have the subpoena quashed or withdrawn, or 

register appropriate objections.

    (2) After notifying the Office of General Counsel, you should 

respond to a subpoena by appearing at the time and place stated in the 

subpoena. Unless authorized by the General Counsel, you should decline 

to produce any records or give any testimony, basing your refusal on 

this subpart. If the issuing court or authority orders the disclosure of 

records or orders you to testify, you should continue to decline to 

produce records or testify and should advise the Office of General 

Counsel.

    (c) Penalties. Anyone who discloses nonpublic records or gives 

testimony related to those records, except as expressly authorized by 

the NCUA or as ordered by a federal court after NCUA has had the 

opportunity to be heard, may face the penalties provided in 18 U.S.C. 

641 and other applicable laws. Also, former NCUA employees, in addition 

to the prohibition contained in this subpart, are subject to the 

restrictions and penalties of 18 U.S.C. 207.