Overview

Section 721(c)  Confidentiality of information

Confidentiality of information. Any information or documentary material filed with the President or the Presidents designee pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this subsection shall be construed to prevent disclosure to either House of Congress or to any duly authorized committee or subcommittee of the Congress. _________ US Code Title 5, section 552: ~ Legal Information Institute (Cornell Law) ~ U.S. Code Online via GPO Access ~ House

Legislative history FINSA (2007) did not amend section 721(c)

Related Topic Pages Section 721 - Statute

31 CFR 800.702  Confidentiality

SEC_CODE_REF_0090001192884

Proposed rule (a) Any information or documentary material filed with the Committee pursuant to this part shall be exempt from disclosure under 5 U.S.C. 552 and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this part shall be construed to prevent disclosure to either House of Congress or to any duly authorized committee or subcommittee of the Congress, in accordance with subsections (b)(3)(B) and (g)(2)(A) of section 721. (b) In any case where a request to withdraw notice is granted under Sec. 800.507, or where notice has been rejected under Sec. 800.403, Sec. 800.702 shall continue to apply with respect to information and documentary material filed with the Committee. (c) Nothing in paragraph (a) of this section shall be interpreted to prohibit the public disclosure by a party of documentary material or information that it has filed with the Committee. Any such documentary material or information so disclosed may subsequently be reflected in the public statements of the Chairperson, who is authorized to communicate with the public and the Congress on behalf of the Committee. (d) The provisions of 50 U.S.C. App. 2155(d) relating to fines and imprisonment shall apply with respect to the disclosure of information or documentary material filed with the Committee under these regulations. _________ US Code Title 5, section 552: ~ Legal Information Institute (Cornell Law) ~ U.S. Code Online via GPO Access ~ House

Official commentary Proposal release commentary (2008) "Section 800.702. The confidentiality protections have been clarified to emphasize that they apply to information provided to CFIUS during the course of a withdrawal or with regard to a notice that is rejected under section 800.403. (As noted in Sec. 800.401(f), information provided during the course of pre-notice consultations is also protected by the confidentiality provisions of section 721(c) and this section of the regulations.) In addition, paragraph (c) makes clear that the Chairperson's public statements may reflect information that the parties to the transaction have already themselves publicly disclosed."

Related Topic Pages CFIUS: Regulations

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