Page:United States Statutes at Large Volume 108 Part 6.djvu/32

 108 STAT. 4600 PUBLIC LAW 103-438—NOV. 2, 1994 Rodino Antitrust Improvements Act of 1976. Nothing in this paragraph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under such section 7A. (2) Antitrust evidence that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure with respect to this section— (A) a foreign antitrust authority with respect to which a particularized need for such antitrust evidence is shown shall be considered to be an appropriate official of any of the several States, and (B) a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law. (3) Antitrust evidence that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and— (A) that is classified pursuant to such order or such successor, or (B) with respect to which a determination of classification is pending under such order or such successor. (4) Antitrust evidence that is classified under section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162). 15 USC 6205. SEC. 6. EXCEPTION TO CERTAIN DISCLOSURE RESTRICTIONS. Section 4 of the Antitrust Civil Process Act (15 U.S.C. 1313), and sections 6(f) and 21 of the Federal Trade Commission Act (15 U.S.C. 46, 57b-2), shall not apply to prevent the Attorney General or the Commission from providing to a foreign antitrust authority antitrust evidence in accordance with an antitrust mutual assistance agreement in effect under this Act and in accordance with the other requirements of this Act. Federal SEC. 7. PUBLICATION REQUIREMENTS APPLICABLE TO ANTITRUST Register, MUTUAL ASSISTANCE AGREEMENTS. publication. 15 USC 6206. (a) PUBLICATION OF PROPOSED ANTITRUST MUTUAL ASSISTANCE AGREEMENTS.— Not less than 45 days before an antitrust mutual assistance agreement is entered into, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register— (1) the proposed text of such agreement and any modification to such proposed text, and (2) a request for public comment with respect to such text or such modification, as the case may be. (b) PUBLICATION OF PROPOSED AMENDMENTS TO ANTITRUST MUTUAL ASSISTANCE AGREEMENTS IN EFFECT. —Not less than 45 days before an agreement is entered into that makes an amendment to an antitrust mutual assistance agreement, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register— (1) the proposed text of such amendment, and (2) a request for public comment with respect to such amendment.

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