Page:United States Statutes at Large Volume 106 Part 4.djvu/887

 PUBLIC LAW 102-546—OCT. 28, 1992 106 STAT. 3623 SEC. 304. DISCLOSURE OF INFORMATION RECEIVED FROM FOREIGN FUTURES AUTHORITIES. Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended— (1) by adding at the end of subsection (a)(l) (as so redesignated by section 205(1)), the following: The Commission shall not be compelled to disclose any information or data obtainedfroma foreign futures authority if— "(A) the foreign futures authority has in good faith determined and represented to the Commission that disclosure of such information or data by that foreign futures authority would violate the laws applicable to that foreign futures authority; and "(B) the Commission obtains such information pursuant to— "(i) such procedure SLB the Commission may authorize for use in connection with the administration or enforcement of this Act; or "(ii) a memorandum of understanding with that foreign futures authority; except that nothing in this subsection shall prevent the Conunission from disclosing publicly any information or data obtained by the Commission from a foreign futures authority when such disclosure is made in connection with a congressional Eroceeding, an administrative or judicial proceeding commenced y the United States or the Commission, in any receivership proceeding commenced involving a receiver appointed in a judicial proceeding by the United States or the Commission, or in any proceeding under title 11 of the United States Code in which the Commission has intervened or in which the Commission has the right to appear and be heard. Nothing in this subsection shall be construed to authorize the Commission to withhold information or data from Congress. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of section 552."; and (2) by adding at the end of subsection (b) the following: This subsection shall not apply to the disclosure of data or information obtained by the Commission from a foreign futures authority.". SEC. 305. DISCLOSURE OF INFORMATION TO FOREIGN FUTURES AUTHORITIES Section 8(e) (7 U.S.C. 12(e)) is amended— (1) in the fifth sentence— (A) by inserting after "jurisdiction," the first place it appears me following: "any foreign futures authority,"; and (B) by inserting after "suc^" the foUoMring: "foreign futures authority,"; and (2) in the last sentence— (A) by inserting after "information to a" the following: "foreign futures aumority or to a"; (B) by inserting after "disclosed by such" the following: "foreign futures authority,"; and (C) by inserting after "or agency thereoP the following: ", or foreign futures authority.".

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