PART 4—ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION, CONTRACTING OUTREACH PROGRAM, POST-EMPLOYMENT RESTRICTIONS FOR SENIOR EXAMINERS Authority: 5 U.S.C. 301, 552; 12 U.S.C. 1, 93a, 161, 481, 482, 484(a), 1442, 1462a, 1463, 1464 1817(a), 1818, 1820, 1821, 1831m, 1831p-1, 1831o, 1833e, 1867, 1951 et seq., et seq., et seq., et seq., et seq., et seq., Link to an amendment published at 91 FR 56021, Sept. 1, 2026. Source: 60 FR 57322, Nov. 15, 1995, unless otherwise noted. Subpart A—Organization and Functions § 4.1 Purpose. This subpart describes the organization and functions of the Office of the Comptroller of the Currency (OCC), and provides the OCC's principal addresses. § 4.2 Office of the Comptroller of the Currency. The OCC is charged with assuring the safety and soundness of, and compliance with laws and regulations, fair access to financial services, and fair treatment of customers by, the institutions and other persons subject to its jurisdiction. The OCC examines, supervises, and regulates national banks, Federal branches and agencies of foreign banks, and Federal savings associations to carry out this mission. The OCC also issues rules and regulations applicable to state savings associations. [76 FR 43561, July 21, 2011] § 4.3 Comptroller of the Currency. The Comptroller of the Currency (Comptroller), as head of the OCC, is responsible for all OCC programs and functions. The Comptroller is appointed by the President, by and with the advice and consent of the Senate, for a term of five years. The Comptroller serves as a member of the board of the Federal Deposit Insurance Corporation, a member of the Financial Stability Oversight Council, a member of the Federal Financial Institutions Examination Council, and a member of the board of the Neighborhood Reinvestment Corporation. The Comptroller is advised and assisted by OCC staff, who perform the duties and functions that the Comptroller directs. [60 FR 57322, Nov. 15, 1995, as amended at 76 FR 43561, July 21, 2011] § 4.4 Washington office and web site. The Washington office of the OCC is the main office and headquarters of the OCC. The Washington office directs OCC policy, oversees OCC operations, and is responsible for the direct supervision of certain national banks and Federal savings associations, including the largest national banks and the largest Federal savings associations (through the Large Bank Supervision Department); other national banks and Federal savings associations requiring special supervision; and Federal branches and agencies of foreign banks (through the Large Bank Supervision Department). The Washington office is located at 400 7th Street SW., Washington, DC 20219. The OCC's Web site is at http://www.occ.gov. [76 FR 43561, July 21, 2011, as amended at 79 FR 15641, Mar. 21, 2014] § 4.5 Other OCC supervisory offices. (a) Midsize Bank Supervision (MBS). (b) District offices. District Office location Geographical composition Northeastern District Office of the Comptroller of the Currency, 340 Madison Avenue, 5th Floor, New York, NY 10173-0002 Connecticut, Delaware, District of Columbia, northeast Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Vermont, the Virgin Islands, Virginia, and West Virginia. Central District Office of the Comptroller of the Currency, One Financial Place, Suite 2700, 440 South LaSalle Street, Chicago, IL 60605 Illinois, Indiana, central and southern Kentucky, Michigan, northern and eastern Minnesota, eastern Missouri, North Dakota, Ohio, and Wisconsin. Southern District Office of the Comptroller of the Currency, 500 North Akard Street, Suite 1600, Dallas, TX 75201 Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Tennessee, and Texas. Western District Office of the Comptroller of the Currency, 1225 17th Street, Suite 300, Denver, CO 80202 Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Iowa, Kansas, southwestern Minnesota, western Missouri, Montana, Nebraska, Nevada, New Mexico, Northern Mariana Islands, Oregon, South Dakota, Utah, Washington, and Wyoming. (c) Field offices and other supervisory offices. [80 FR 28414, May 18, 2015, as amended at 85 FR 83726, Dec. 22, 2020] § 4.6 Frequency of examination of national banks and Federal savings associations. (a) General. (b) 18-month rule for certain small institutions. (1) The bank or Federal savings association has total assets of less than $3 billion; (2) The bank or Federal savings association is well capitalized as defined in part 6 of this chapter; (3) At the most recent examination; (i) The bank or Federal savings association was assigned a rating of 1 or 2 for management as part of the bank's or association's rating under the Uniform Financial Institutions Rating System; and (ii) The bank or Federal savings association was assigned a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System; (4) The bank or Federal savings association currently is not subject to a formal enforcement proceeding or order by the FDIC, OCC, OTS or the Federal Reserve System; and (5) No person acquired control of the bank or Federal savings association during the preceding 12-month period in which a full-scope, on-site examination would have been required but for this section. (c) Authority to conduct more frequent examinations. (d) Through December 31, 2021, for purposes of determining eligibility for the 18-month rule described in paragraph (b) of this section, the OCC may determine the total assets of a national bank or Federal savings association by reference to the total assets of the national bank or Federal savings association as reported by the national bank or Federal savings association in its Call Report as of December 31, 2019. [81 FR 10068, Feb. 29, 2016, as amended at 83 FR 43965, Aug. 29, 2018; 85 FR 77359, Dec. 2, 2020] § 4.7 Frequency of examination of Federal agencies and branches. (a) General. (b) 18-month rule for certain small institutions Mandatory standards. (i) Has total assets of less than $3 billion; (ii) Has received a composite ROCA supervisory rating (which rates risk management, operational controls, compliance, and asset quality) of 1 or 2 at its most recent examination; (iii) Satisfies the requirements of either paragraph (b)(1)(iii)(A) or (B) of this section: (A) The foreign bank's most recently reported capital adequacy position consists of, or is equivalent to, common equity tier 1, tier 1 and total risk-based capital ratios that satisfy the definition of “well capitalized” set forth at 12 CFR 6.4, respectively, on a consolidated basis; or (B) The branch or agency has maintained on a daily basis, over the past three quarters, eligible assets in an amount not less than 108 percent of the preceding quarter's average third party liabilities (determined consistent with applicable federal and state law), and sufficient liquidity is currently available to meet its obligations to third parties; (iv) Is not subject to a formal enforcement action or order by the Federal Reserve Board, the Federal Deposit Insurance Corporation, or the OCC; and (v) Has not experienced a change in control during the preceding 12-month period in which a full-scope, on-site examination would have been required but for this section. (2) Discretionary standards. (i) Any of the individual components of the ROCA rating of the Federal branch or agency is rated “3” or worse; (ii) The results of any off-site supervision indicate a deterioration in the condition of the Federal branch or agency; (iii) The size, relative importance, and role of a particular office when reviewed in the context of the foreign bank's entire U.S. operations otherwise necessitate an annual examination; and (iv) The condition of the foreign bank gives rise to such a need. (c) Authority to conduct more frequent examinations. (d) Through December 31, 2021, for purposes of determining eligibility for the 18-month rule described in paragraph (b) of this section, the OCC may determine total assets of a Federal branch or agency by reference to the total assets of the Federal branch or agency as reported by the Federal branch or agency as of December 31, 2019. [81 FR 10068, Feb. 29, 2016, as amended at 83 FR 43965, Aug. 29, 2018; 85 FR 77359, Dec. 2, 2020] § 4.8 Service of process upon the OCC or the Comptroller. (a) Scope. (b) Actions in Federal courts. (c) Actions in State courts. (d) Receipt of summons or complaint. (e) Service of process upon a national bank, Federal savings association, or Federal branch or agency of a foreign bank. [88 FR 89842, Dec. 28, 2023] Subpart B—Availability of Information Under the Freedom of Information Act § 4.11 Purpose and scope. (a) Purpose. (b) Scope. (2) This subpart also sets forth predisclosure notice procedures that the OCC follows, in accordance with Executive Order 12600 (3 CFR, 1987 Comp., p. 235), when the OCC receives a request under § 4.15 for disclosure of records that arguably are exempt from disclosure as confidential commercial information (§ 4.16). Finally, this subpart describes the fees that the OCC assesses for the services it renders in providing information under the FOIA (§ 4.17). (3) This subpart does not apply to a request for records pursuant to the Privacy Act (5 U.S.C. 552a). A person requesting records from the OCC pursuant to the Privacy Act should refer to 31 CFR part 1, subpart C, and appendix J of subpart C. [60 FR 57322, Nov. 15, 1995, as amended at 76 FR 43561, July 21, 2011; 81 FR 94244, Dec. 23, 2016] § 4.12 Information available under the FOIA. (a) General. (b) Exemptions from availability. (1) A record that is specifically authorized, under criteria established by an Executive order, to be kept secret in the interest of national defense or foreign policy, and that is properly classified pursuant to that Executive order; (2) A record relating solely to the internal personnel rules and practices of an agency; (3) A record specifically exempted from disclosure by statute (other than 5 U.S.C. 552b), provided that the statute requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; establishes particular criteria for withholding, or refers to particular types of matters to be withheld; and, if enacted after the date of enactment of the OPEN FOIA Act of 2009, specifically cites to 5 U.S.C. 552(b)(3); (4) A record that is privileged or contains trade secrets, or commercial or financial information, furnished in confidence, that relates to the business, personal, or financial affairs of any person (see § 4.16 for notice requirements regarding disclosure of confidential commercial information); (5) An intra-agency or interagency memorandum or letter not routinely available by law to a private party in litigation, including memoranda, reports, and other documents prepared by OCC employees, and records of deliberations and discussions at meetings of OCC employees, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested; (6) A personnel, medical, or similar record, including a financial record, or any portion thereof, where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) A record or information compiled for law enforcement purposes, but only to the extent that the OCC reasonably believes that producing the record or information may: (i) Interfere with enforcement proceedings; (ii) Deprive a person of the right to a fair trial or an impartial adjudication; (iii) Constitute an unwarranted invasion of personal privacy; (iv) Disclose the identity of a confidential source, including a State, local, or foreign agency or authority, or any private institution that furnished information on a confidential basis; (v) Disclose information furnished by a confidential source, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation; (vi) Disclose techniques and procedures for law enforcement investigations or prosecutions, or disclose guidelines for law enforcement investigations or prosecutions if such disclosure reasonably could be expected to risk circumvention of the law; or (vii) Endanger the life or physical safety of any individual; (8) A record contained in or related to an examination, operating, or condition report prepared by, on behalf of, or for the use of the OCC or any other agency responsible for regulating or supervising financial institutions; and (9) A record containing or relating to geological and geophysical information and data, including maps, concerning wells. (c) Discretionary disclosure of exempt records. (d) Segregability. [60 FR 57322, Nov. 15, 1995, as amended at 75 FR 17850, Apr. 8, 2010; 76 FR 43561, July 21, 2011; 81 FR 94244, Dec. 23, 2016] § 4.13 Publication in the Federal Register. The OCC publishes certain documents in the Federal Register (a) Proposed and final rules; and (b) Certain notices and policy statements of concern to the general public. § 4.14 Public inspection in an electronic format. (a) Available information. (1) Any final order, agreement, or other enforceable document issued in the adjudication of an OCC enforcement case, including a final order published pursuant to 12 U.S.C. 1818(u); (2) Any final opinion issued in the adjudication of an OCC enforcement case; (3) Any statement of general policy or interpretation of general applicability not published in the Federal Register (4) Any administrative staff manual or instruction to staff that may affect a member of the public as such; (5) A current index identifying the information referred to in paragraphs (a)(1) through (a)(4) of this section issued, adopted, or promulgated after July 4, 1967; (6) A list of available OCC publications; (7) A list of forms available from the OCC, and specific forms and instructions; 1 1 (8) Any public Community Reinvestment Act performance evaluation; (9) Any public securities-related filing required under part 11 or 16 of this chapter; (10) Any public comment letter regarding a proposed rule; (11) Any records, regardless of form or format, that have been released to any person under 5 U.S.C. 552(a)(3) provided that: (i) The OCC determines that, because of the nature of their subject matter, the records are or are likely to become the subject of subsequent requests for substantially the same records; or (ii) The records have been requested three or more times; (12) Reference materials or a guide for requesting records or information from the OCC, including an index of all major OCC information systems, a description of major information and record locator systems maintained by the OCC, and a handbook for obtaining various types and categories of public information from the OCC pursuant to FOIA and chapter 35 of title 44; (13) The public file (as defined in 12 CFR 5.9) with respect to a pending application described in part 5 of this chapter; and (14) Any OTS information similar to that listed in paragraphs (a)(1) through (a)(13) of this section, to the extent this information is in the possession of the OCC. (b) Redaction of identifying details. (c) Addresses. [60 FR 57322, Nov. 15, 1995, as amended at 76 FR 43561, July 21, 2011; 79 FR 15641, Mar. 21, 2014; 81 FR 94244, Dec. 23, 2016; 85 FR 42640, July 14, 2020] § 4.15 How to request records. (a) Available information. (b) Where to submit request or appeal General. (i) Through the OCC's FOIA Web portal at https://foia-pal.occ.gov/palMain.aspx; (ii) Through the consolidated online request portal maintained by the Office of Management and Budget pursuant to 5 U.S.C. 552(m)(1); or (iii) Under this section to the Chief FOIA Officer, Communications Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. (2) Exceptions Records at the Federal Deposit Insurance Corporation. (A) Consolidated Report of Condition and Income (FFIEC 031, 032, 033, 034); (B) Annual Report of Trust Assets (FFIEC 001); (C) Uniform Bank Performance Report; and (D) Special Report. (ii) Records of another agency. (c) Request for records Contact information and what the request for records must include. (i) The requester's full name, address, telephone number and, at the requester's option, electronic mail address. (ii) A reasonable description of the records sought (including sufficient detail to enable OCC employees who are familiar with the subject matter of the request to locate the records with a reasonable amount of effort); (iii) A statement agreeing to pay all fees that the OCC assesses under § 4.17; (iv) A description of how the requester intends to use the records, if a requester seeks placement in a lower fee category (i.e., a fee category other than “commercial use requester”) under § 4.17; and (v) Whether the requester prefers the OCC to deliver a copy of the records or to allow the requester to inspect the records at the appropriate OCC office. (2) Initial determination. (3) If request is granted. (i) The OCC may deliver a copy of the records to the requester. If the OCC delivers a copy of the records to the requester, the OCC duplicates the records at reasonable and proper times that do not interfere with their use by the OCC or preclude other persons from making inspections; or (ii) The OCC may allow the requester to inspect the records at reasonable and proper times that do not interfere with their use by the OCC or preclude other persons from making inspections. If the OCC allows the requester to inspect the records, the OCC may place a reasonable limit on the number of records that a person may inspect during a day. (4) If request is denied. (d) Administrative appeal of a denial Procedure. (2) Appellate determination. (3) If appeal is granted. (4) If appeal is denied. (e) Judicial review General. (i) The district where the requester resides; (ii) The district where the requester's principal place of business is located; (iii) The district where the records are located; or (iv) The District of Columbia. (2) Service of process. (f) Time limits for responding to FOIA requests. (2) Appeal. (3) Extension of time. (i) In unusual circumstances. (A) Search for and collect the requested records from field facilities or other buildings that are separate from the office processing the request or appeal; (B) Search for, collect, and appropriately examine a voluminous amount of requested records; (C) Consult with another agency that has a substantial interest in the determination of the request; or (D) Allow two or more components of the OCC that have substantial interest in the determination of the request to consult with each other; (ii) By agreement. (iii) By judicial action. (iv) Tolling of time limits. ( 1 ( 2 (B) The tolling period ends upon the OCC's receipt of requested information from the requester or resolution of the fee issue. (4) Requests that require more than a 10-day extension to process. (i) Notify the requester that the request cannot be processed within the time limit set forth in paragraph (f)(3)(i) of this section; (ii) Provide the requester with an opportunity to limit the scope of the request so that it may be processed within that 10-day period or to arrange with the OCC an alternative time frame for processing the request or a modified request; (iii) Make available the FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the OCC; and (iv) Notify the requester of the right of the requester to seek dispute resolution services from the Office of Government Information Services. (g) Date of receipt of request or appeal. (h) Dispute resolution services. (1) To apply for dispute resolution assistance from the FOIA Public Liaison, requesters should submit a written request to the FOIA Public Liaison, Communications Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. (2) For dispute resolution services through the Office of Government Services, requesters should contact the Office of Government Services as set forth at 36 CFR 1250.32. [60 FR 57322, Nov. 15, 1995, as amended at 75 FR 17850, Apr. 8, 2010; 76 FR 43562, July 21, 2011; 79 FR 15641, Mar. 21, 2014; 81 FR 94245, Dec. 23, 2016] § 4.16 Predisclosure notice for confidential commercial information. (a) Definitions. (1) Confidential commercial information (2) Submitter (b) Notice to submitter When provided. (i) With respect to confidential commercial information submitted to the OCC or to the Federal Home Loan Bank Board, the predecessor of the OTS, prior to January 1, 1988, if: (A) The records are less than 10 years old and the submitter designated the information as confidential commercial information; (B) The OCC reasonably believes that disclosure of the information may cause substantial competitive harm to the submitter; or (C) The information is subject to a prior express commitment of confidentiality from the OCC or the Federal Home Loan Bank Board, the predecessor of the OTS; and (ii) With respect to confidential commercial information submitted to the OCC or to the OTS (or the Federal Home Loan Bank Board, its predecessor agency) on or after January 1, 1988, if: (A) The submitter in good faith designated the information as confidential commercial information; (B) The OCC or the OTS (or the Federal Home Loan Bank Board, its predecessor agency) designated the class of information to which the requested information belongs as confidential commercial information; or (C) The OCC reasonably believes that disclosure of the information may cause substantial competitive harm to the submitter. (2) Exceptions. (i) It will not disclose the information; (ii) The information already has been disclosed officially to the public; (iii) The OCC is required by law (other than 5 U.S.C. 552) to disclose the information; (iv) The OCC or the OTS (or the Federal Home Loan Bank Board, its predecessor agency) acquired the information in the course of a lawful investigation of a possible violation of criminal law; (v) The submitter had an opportunity to designate the requested information as confidential commercial information at the time of submission of the information or a reasonable time thereafter and did not do so, unless the OCC has substantial reason to believe that disclosure of the information would result in competitive harm; or (vi) The OCC determines that the submitter's designation under paragraph (b)(1)(ii)(A) of this section is frivolous; in such case, however, the OCC will provide the submitter with written notice of any final administrative determination to disclose the information at least 10 business days prior to the date that the OCC intends to disclose the information. (3) Content of notice. (4) Expiration of notice period. (5) Certification of confidentiality. (c) Notice to requester. (d) Opportunity to object to disclosure. (e) Notice of intent to disclose. (1) A statement of the OCC's reasons for not sustaining the submitter's objections to disclosure; (2) A description of the information to be disclosed; (3) The anticipated disclosure date, which is not less than 10 business days after the OCC mails the written notice required under this paragraph (e); and (4) A statement that the submitter must notify the OCC immediately if the submitter intends to seek injunctive relief. (f) Notice of requester's lawsuit. [60 FR 57322, Nov. 15, 1995, as amended at 76 FR 43561, July 21, 2011] § 4.17 FOIA request fees. (a) Definitions. (1) Actual costs (2) Search (3) Review (4) Duplication (5) Commercial use requester (6) Educational institution requester (7) Noncommercial scientific institution requester (8) Requester who is a representative of the news media (b) Fees General. (2) Fee categories. (i) Commercial use requesters. (ii) Educational institution requesters, noncommercial scientific institution requesters, and requesters who are representatives of the news media. (iii) All other requesters. (3) Special services. (4) Waiving or reducing a fee. (i) Is likely to contribute significantly to public understanding of the operations or activities of the government; and (ii) Is not primarily in the commercial interest of the requester. (5) Fee for unsuccessful search. (6) No fee if the time limit passes and the OCC has not responded to the request. (i) Unusual circumstances General. (B) Voluminous Requests. (ii) In exceptional circumstances. (c) Payment of fees General. (2) Fee likely to exceed $25. (3) Fee likely to exceed $250. (i) Provide satisfactory assurance of full payment, if the requester has a history of prompt payment; or (ii) Pay the estimated fee in full, if the requester does not have a history of prompt payment. (4) Failure to pay a fee. (5) Interest on unpaid fee. (d) Tolling of time limits. i.e., (e) Aggregating requests. [60 FR 57322, Nov. 15, 1995, as amended at 75 FR 17850, Apr. 8, 2010; 79 FR 15641, Mar. 21, 2014; 81 FR 94245, Dec. 23, 2016] § 4.18 How to track a FOIA request. (a) Tracking number Internet requests. https://foia-pal.occ.gov/palMain.aspx. (2) If a requester does not have Internet access. (b) Status of request. https://foia-pal.occ.gov/palMain.aspx. [76 FR 43562, July 21, 2011, as amended at 79 FR 15641, Mar. 21, 2014; 80 FR 28414, May 18, 2015; 81 FR 94246, Dec. 23, 2016] Subpart C—Release of Non-Public OCC Information § 4.31 Purpose and scope. (a) Purpose. (1) Afford an orderly mechanism for the OCC to process expeditiously requests for non-public OCC information; to address the release of non-public OCC information without a request; and, when appropriate, for the OCC to assert evidentiary privileges in litigation; (2) Recognize the public's interest in obtaining access to relevant and necessary information and the countervailing public interest of maintaining the effectiveness of the OCC supervisory process and appropriate confidentiality of OCC supervisory information; (3) Ensure that the OCC's information is used in a manner that supports the public interest and the interests of the OCC; (4) Ensure that OCC resources are used in the most efficient manner consistent with the OCC's statutory mission; (5) Minimize burden on national banks, Federal savings associations, the public, and the OCC; (6) Limit the expenditure of government resources for private purposes; and (7) Maintain the OCC's impartiality among private litigants. (b) Scope. (2) This subpart does not apply to: (i) A request for a record or testimony in a proceeding in which the OCC is a party; or (ii) A request for a record that is required to be disclosed under the Freedom of Information Act (FOIA) (5 U.S.C. 552), as described in § 4.12. (3) A request for a record or testimony made by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, a government agency of the United States or a foreign government, a state agency with authority to investigate violations of criminal law, or a state bank or state savings association regulatory agency is governed solely by § 4.37(c). (4) For purposes of §§ 4.35(a)(1), 4.36(a) and 4.37(c) of this part, the OCC's decision to disclose records or testimony involving a Suspicious Activity Report (SAR) filed pursuant to the regulations implementing 12 U.S.C. 5318(g), or any information that would reveal the existence of a SAR, is governed by 12 CFR 21.11(k). (5) This subpart does not apply to requests for non-public information filed with the Office of Thrift Supervision (OTS) before July 21, 2011. These requests are subject to the rules of the OTS in effect on July 20, 2011. [60 FR 57322, Nov. 15, 1995, as amended at 63 FR 62929, Nov. 10, 1998; 64 FR 29216, June 1, 1999; 75 FR 75576, Dec. 3, 2010; 76 FR 43562, July 21, 2011] § 4.32 Definitions. (a) Complete request (b) Non-public OCC information. (1) Means information that the OCC is not required to release under the FOIA (5 U.S.C. 552) or that the OCC has not yet published or made available pursuant to 12 U.S.C. 1818(u) and includes: (i) A record created or obtained: (A) By the OCC in connection with the OCC's performance of its responsibilities, such as a record concerning supervision, licensing, regulation, and examination of a national bank, a Federal savings association, a bank holding company, a savings and loan holding company, or an affiliate; or (B) By the OTS in connection with the OTS's performance of its responsibilities, such as a record concerning supervision, licensing, regulation, and examination of a Federal savings association, a savings and loan holding company, or an affiliate; (ii) A record compiled by the OCC or the OTS in connection with either agency's enforcement responsibilities; (iii) A report of examination, supervisory correspondence, an investigatory file compiled by the OCC or OTS in connection with an investigation, and any internal agency memorandum, whether the information is in the possession of the OCC or some other individual or entity; (iv) Confidential OCC information obtained by a third party or otherwise incorporated in the records of a third party, including another government agency; (v) Testimony from, or an interview with, a current or former OCC employee, officer, or agent or a former OTS employee, officer, or agent concerning information acquired by that person in the course of his or her performance of official duties with the OCC or OTS or due to that person's official status at the OCC or OTS; and (vi) Confidential information relating to operating and no longer operating national banks, Federal savings associations, and savings and loan holding companies as well as their subsidiaries and their affiliates. (2) Is the property of the Comptroller. (c) Relevant (d) Show a compelling need (e) Supervised entity (f) Testimony [60 FR 57322, Nov. 15, 1995, as amended at 63 FR 62929, Nov. 10, 1998; 64 FR 29216, June 1, 1999; 75 FR 75576, Dec. 3, 2010; 76 FR 43562, July 21, 2011] § 4.33 Requirements for a request of records or testimony. (a) Generally Form of request. (2) Expedited request. (3) Request arising from adversarial matters. (i) The OCC generally will require that the lawsuit or administrative action has been filed before it will consider the request; (ii) The request must include: (A) A copy of the complaint or other pleading setting forth the assertions in the case; (B) The caption and docket number of the case; (C) The name, address, and phone number of counsel to each party in the case; and (D) A description of any prior judicial decisions or pending motions in the case that may bear on the asserted relevance of the requested information; (iii) The request must also: (A) Show that the information is relevant to the purpose for which it is sought; (B) Show that other evidence reasonably suited to the requester's needs is not available from any other source; (C) Show that the need for the information outweighs the public interest considerations in maintaining the confidentiality of the OCC information and outweighs the burden on the OCC to produce the information; (D) Explain how the issues in the case and the status of the case warrant that the OCC allow disclosure; and (E) Identify any other issue that may bear on the question of waiver of privilege by the OCC. (b) Request for records. (c) Request for testimony Generally. (i) Must show a compelling need for the requested information; and (ii) Should request OCC testimony with sufficient time to obtain the testimony in deposition form. (2) Trial or hearing testimony. § 4.34 Where to submit a request. (a) A request for non-public OCC information. (b) Combined requests for non-public and other OCC information. (c) Request by government agencies. (1) In a civil action, to the Director of the OCC's Litigation Division at the Washington office; or (2) In a criminal action, to the appropriate district counsel or the Director of the OCC's Enforcement Division at the Washington office. [60 FR 57322, Nov. 15, 1995, as amended at 64 FR 29216, June 1, 1999; 79 FR 15641, Mar. 21, 2014; 85 FR 42640, July 14, 2020] § 4.35 Consideration of requests. (a) In general OCC discretion. (2) Bases for denial. (i) The requester was unsuccessful in showing that the information is relevant to the pending matter; (ii) The requester seeks testimony and the requestor did not show a compelling need for the information; (iii) The request arises from an adversarial matter and other evidence reasonably suited to the requester's need is available from another source; (iv) A lawsuit or administrative action has not yet been filed and the request was made in connection with potential litigation; (v) The production of the information would be contrary to the public interest or unduly burdensome to the OCC; or (vi) When prohibited by law. (3) Additional information. (4) Time required by the OCC to respond. (5) Notice to subject national banks and Federal savings associations. (b) Testimony. (2) The OCC may restrict the scope of any authorized testimony and may act to ensure that the scope of testimony given by the OCC employee adheres to the scope authorized by the OCC. (3) Once a request for testimony has been submitted, and before the requested testimony occurs, a party to the relevant case, who did not join in the request and who wishes to question the witness beyond the scope of testimony sought by the request, shall timely submit the party's own request for OCC information pursuant to this subpart. (4) The OCC may offer the requester the employee's written declaration in lieu of testimony. (c) Release of non-public OCC information by others. [60 FR 57322, Nov. 15, 1995, 75 FR 75576, Dec. 3, 2010; 76 FR 43563, July 21, 2011] § 4.36 Disclosure of non-public OCC information. (a) Discretionary disclosure of non-public OCC information. (b) OCC policy. (c) Conditions and limitations. (d) Unauthorized disclosures prohibited. [63 FR 62929, Nov. 10, 1998, as amended at 64 FR 29216, June 1, 1999] § 4.37 Persons and entities with access to OCC information; prohibition on dissemination. (a) Current and former OCC employees or agents; former OTS employees or agents Generally. (2) Duty of person served. (i) In a civil action, by notifying the Director of the OCC's Litigation Division at the Washington office; or (ii) In a criminal action, by notifying the appropriate district counsel for current and former district employees or agents; or the Director of the OCC's Enforcement Division at the Washington office, for current and former Washington employees or agents and former OTS employees or agents. (b) Non-OCC employees or entities Generally. (A) After the requester has sought the information from the OCC pursuant to the procedures set forth in this subpart; and (B) As ordered by a Federal court in a judicial proceeding in which the OCC has had the opportunity to appear and oppose discovery. (ii) Any person who discloses or uses non-public OCC information except as expressly permitted by the Comptroller of the Currency or as ordered by a Federal court, under paragraph (b)(1)(i) of this section, may be subject to the penalties provided in 18 U.S.C. 641. (2) Exception for national banks and Federal savings associations. (i) States its awareness of, and agreement to abide by, the prohibition on the dissemination of non-public OCC information contained in paragraph (b)(1) of this section; and (ii) Agrees not to use the non-public OCC information for any purpose other than as provided under its contract to provide services to the bank or Federal savings association. (3) Duty of person or entity served. (i) Immediately notify the Director of the OCC's Litigation Division at the Washington, DC office and inform the Director of all relevant facts, including the documents and information requested, so that the OCC may intervene in the judicial or administrative action if appropriate; (ii) Inform the requester of the substance of these rules and, in particular, of the obligation to follow the request procedures in §§ 4.33 and 4.34; and (iii) At the appropriate time, inform the court or tribunal that issued the process of the substance of these rules. (4) Actions of the OCC following notice of service. (5) Return of records. (c) Disclosure to government agencies. (d) Intention of OCC not to waive rights. [60 FR 57322, Nov. 15, 1995. Redesignated and amended at 63 FR 62929, Nov. 10, 1998; 64 FR 29217, June 1, 1999; 75 FR 75576, Dec. 3, 2010; 76 FR 43563, July 21, 2011; 85 FR 42640, July 14, 2020] § 4.38 Restrictions on dissemination of released information. (a) Records. (b) Testimony. [60 FR 57322, Nov. 15, 1995. Redesignated at 63 FR 62929, Nov. 10, 1998] § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a) Responsibility of litigants to notify parties of a request for testimony. (b) Responsibility of litigants to share released records. (c) Retrieval and destruction of released records. (1) The requester shall retrieve any non-public OCC information from the court's file as soon as the court no longer requires the information; (2) Each party shall destroy the non-public OCC information covered by the protective order; and (3) Each party shall certify to the OCC that the non-public OCC information covered by the protective order has been destroyed. (d) Authentication for use as evidence. [60 FR 57322, Nov. 15, 1995. Redesignated at 63 FR 62929, Nov. 10, 1998; 76 FR 43563, July 21, 2011] § 4.40 Fees for services. (a) Fees for records search, copying, and certification. (b) Witness fees and mileage. [60 FR 57322, Nov. 15, 1995. Redesignated at 63 FR 62929, Nov. 10, 1998] Appendix A to Subpart C of Part 4—Model Stipulation for Protective Order and Model Protective Order I. Model Stipulation CASE CAPTION Model Stipulation for Protective Order Whereas, counsel for ______ have applied to the Comptroller of the Currency (hereinafter “Comptroller”) pursuant to 12 CFR part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and Whereas, such records are deemed by the Comptroller to be confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1), 1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12 CFR 4.12, and part 4, Subpart C; and Whereas, following consideration by the Comptroller of the application of the above described party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records as denoted in appendix “A” to this Stipulation [records to be specified by type and date] available to the parties in this action, provided that appropriate protection of their confidentiality can be secured; Therefore, it is hereby stipulated by and between the parties hereto, through their respective attorneys that they will be bound by the following protective order which may be entered by the Court without further notice. Dated this ______ day of _______, 19__. Attorney for Plaintiff Attorney for Defendant II. Model Protective Order CASE CAPTION Model Protective Order Whereas, counsel for ______ have applied to the Comptroller of the Currency (hereinafter Comptroller”) pursuant to 12 CFR part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and Whereas, such records are deemed by the Comptroller to be confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1), 1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641, 1906; and 12 CFR 4.12, and part 4, Subpart C; Whereas, following consideration by the Comptroller of the application of the above described party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records available to the parties in this action, provided that appropriate protection of their confidentiality can be secured; Now, Therefore, it is Ordered That: 1. The records, as denoted in appendix “A” to the Stipulation for this Protective Order, upon being furnished [or released for use] by the Comptroller, shall be disclosed only to the parties to this action, their counsel, and the court [and the jury]. 2. The parties to this action and their counsel shall keep such records and any information contained in such records confidential and shall in no way divulge the same to any person or entity, except to such experts, consultants and non-party witnesses to whom the records and their contents shall be disclosed, solely for the purpose of properly preparing for and trying the action. 3. No person to whom information and records covered by this Order are disclosed shall make any copies or otherwise use such information or records or their contents for any purpose whatsoever, except in connection with this action. 4. Any party or other person who wishes to use the information or records or their contents in any other action shall make a separate application to the Comptroller pursuant to 12 CFR part 4, Subpart C. 5. Should any records covered by this Order be filed with the Court or utilized as exhibits at depositions in the captioned action, or should information or records or their contents covered by this Order be disclosed in the transcripts of depositions or the trial in the captioned action, such records, exhibits and transcripts shall be filed in sealed envelopes or other sealed containers marked with the title of this action, identifying each document and article therein and bearing a statement substantially in the following form: CONFIDENTIAL Pursuant to the Order of the Court dated ______ this envelope containing the above-identified papers filed by (the name of the party) is not to be opened nor the contents thereof displayed or revealed except to the parties to this action or their counsel or by further Order of the Court. 6. FOR JURY TRIAL: Any party offering any of the records into evidence shall offer only those pages, or portions thereof, that are relevant and material to the issues to be decided in the action and shall block out any portion of any page that contains information not relevant or material. Furthermore, the name of any person or entity contained on any page of the records who is not a party to this action, or whose name is not otherwise relevant or material to the action, shall be blocked out prior to the admission of such page into evidence. Any disagreement regarding what portion of any page that should be blocked out in this manner shall be resolved by the Court in camera, 7. At the conclusion of this action, all parties shall certify to the Comptroller that the records covered by this Order have been destroyed. Furthermore, counsel for ______, pursuant to 12 CFR 4.39(c), shall retrieve any records covered by this Order that may have been filed with the Court. So Ordered: Judge Date [60 FR 57322, Nov. 15, 1995, as amended at 64 FR 29217, June 1, 1999] Subpart D—Minority- , Women- , and Individuals With Disabilities-Owned Business Contracting Outreach Program; Contracting for Goods and Services § 4.61 Purpose. Pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Sec. 1216(c), Pub. L. 101-73, 103 Stat. 183, 529 (12 U.S.C. 1833e(c)) and consistent with the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq. § 4.62 Definitions. (a) Minority- and/or women-owned (small and large) businesses and entities owned by minorities and women (MWOB) (b) Minority i.e., (c) Individual with disabilities-owned (small and large) businesses and entities owned by individuals with disabilities (IDOB) (d) Individual with disabilities (e) Unconditional ownership § 4.63 Policy. The OCC's policy is to ensure that MWOBs and IDOBs have the opportunity to participate, to the maximum extent possible, in contracts awarded by the OCC. The OCC awards contracts consistent with the principles of full and open competition and best value acquisition, and with the concept of contracting for agency needs at the lowest practicable cost. The OCC ensures that MWOBs and IDOBs have the opportunity to participate fully in all contracting activities that the OCC enters into for goods and services, whether generated by the headquarters office in Washington, DC, or any other office of the OCC. Contracting opportunities may include small purchase awards, contracts above the small purchase threshold, and delivery orders issued against other governmental agency contracts. § 4.64 Promotion. (a) Scope. (b) Outreach activities. (1) Obtaining various lists and directories of MWOBs and IDOBs maintained by government agencies; (2) Contacting appropriate firms for participation in the OCC's Outreach Program; (3) Participating in business promotion events comprised of or attended by MWOBs and IDOBs to explain OCC contracting opportunities and to obtain names of potential MWOBs and IDOBs; (4) Ensuring that the OCC contracting staff understands and actively promotes this Outreach Program; and (5) Registering MWOBs and IDOBs in the Department of the Treasury's database to facilitate their participation in the competitive procurement process for OCC contracts. This database is used by OCC procurement staff to identify firms to be solicited for OCC procurements. § 4.65 Certification. (a) Objective. (b) MWOB. (1) Submitting a valid MWOB certification received from another government agency whose definition of MWOB is substantially similar to that specified in § 4.62(a); (2) Self-certifying MWOB ownership status by filing with the OCC a completed and signed certification form as prescribed by the Federal Acquisition Regulation, 48 CFR 53.301-129; or (3) Submitting a valid MWOB certification received from the Small Business Administration. (c) IDOB. (1) Submitting a valid IDOB certification received from another government agency whose definition of IDOB is substantially similar to that specified in § 4.62(c); or (2) Self-certifying IDOB ownership status by filing with the OCC a completed and signed certification as prescribed in the Federal Acquisition Regulation, 48 CFR 53.301-129, and adding an additional certifying statement to read as follows: I certify that I am an individual with disabilities as defined in 12 CFR 4.62(d), and that my firm, (Name of Firm) qualifies as an individual with disabilities-owned business as defined in 12 CFR 4.62(c). § 4.66 Oversight and monitoring. The Deputy Comptroller for Resource Management shall appoint an Outreach Program Manager, who shall appoint an Outreach Program Specialist. The Outreach Program Manager is primarily responsible for program advocacy, oversight and monitoring. Subpart E—One-Year Restrictions on Post-Employment Activities of Senior Examiners Source: 70 FR 69637, Nov. 17, 2005, unless otherwise noted. § 4.72 Scope and purpose. This subpart describes those OCC examiners who are subject to the post-employment restrictions set forth in section 10(k) of the Federal Deposit Insurance Act (FDI Act) (12 U.S.C. 1820(k)) and implements those restrictions for officers and employees of the OCC. § 4.73 Definitions. For purposes of this subpart: Bank holding company et seq. Consultant. Control Depository institution Federal Reserve Foreign bank Insured depository institution National bank Savings association Savings and loan holding company Senior examiner. (1) The officer or employee has been authorized by the OCC to conduct examinations on behalf of the OCC; (2) The officer or employee has been assigned continuing, broad, and lead responsibility for examining the national bank or savings association; and (3) The officer's or employee's responsibilities for examining the national bank or savings association— (i) Represent a substantial portion of the officer's or employee's assigned responsibilities; and (ii) Require the officer or employee to interact routinely with officers or employees of the national bank or savings association, or its affiliates.” [70 FR 69637, Nov. 17, 2005, as amended at 76 FR 43563, July 21, 2011] § 4.74 One-year post-employment restrictions. An officer or employee of the OCC who serves as the senior examiner of a national bank or savings association for two or more months during the last twelve months of such individual's employment with the OCC may not, within one year after leaving the employment of the OCC, knowingly accept compensation as an employee, officer, director or consultant from the national bank, savings association, or any company (including a bank holding company or savings and loan holding company) that controls the national bank or savings association. [76 FR 43564, July 21, 2011] § 4.75 Waivers. The post-employment restrictions set forth in section 10(k) of the FDI Act (12 U.S.C. 1820(k)) and § 4.74 do not apply to any officer or employee of the OCC, or any former officer or employee of the OCC, if the Comptroller of the Currency certifies, in writing and on a case-by-case basis, that granting the individual a waiver of the restrictions would not affect the integrity of the OCC's supervisory program. [76 FR 43564, July 21, 2011] § 4.76 Penalties. (a) Penalties under section 10(k) of FDI Act (12 U.S.C. 1820(k)). (1) An order— (i) Removing the individual from office or prohibiting the individual from further participation in the affairs of the relevant national bank, savings association, bank holding company, savings and loan holding company, or other company that controls such institution for a period of up to five years; and (ii) Prohibiting the individual from participating in the affairs of any insured depository institution for a period of up to five years; or (2) A civil monetary penalty of not more than $250,000. (b) Enforcement by appropriate Federal banking agency. (c) Scope of prohibition orders. (d) Procedures. (e) Remedies not exclusive. [60 FR 57322, Nov. 15, 1995, as amended at 76 FR 43564, July 21, 2011] Subpart F—Use of Supervisory Guidance Source: 86 FR 9260, Feb. 12, 2021, unless otherwise noted. § 4.81 Purpose. The OCC issues regulations and guidance as part of its supervisory function. This subpart reiterates the distinctions between regulations and guidance, as stated in the Statement Clarifying the Role of Supervisory Guidance (appendix A to this subpart) (Statement). § 4.82 Implementation of the Statement Clarifying the Role of Supervisory Guidance. The Statement describes the official policy of the OCC with respect to the use of supervisory guidance in the supervisory process. The Statement is binding on the OCC. § 4.83 Rule of construction. This subpart does not alter the legal status of guidelines authorized by statute, including but not limited to, 12 U.S.C. 1831p-1, to create binding legal obligations. § 4.92 xxx Link to an amendment published at 91 FR 56021, Sept. 1, 2026. Appendix A to Subpart F of Part 4—Statement Clarifying the Role of Supervisory Guidance Statement Clarifying the Role of Supervisory Guidance The OCC is issuing this statement to explain the role of supervisory guidance and to describe the OCC's approach to supervisory guidance. Difference Between Supervisory Guidance and Laws or Regulations (1) The OCC issues various types of supervisory guidance, including interagency statements, advisories, bulletins, policy statements, questions and answers, and frequently asked questions, to its supervised institutions. A law or regulation has the force and effect of law. 36 36 Ongoing Efforts To Clarify the Role of Supervisory Guidance (2) The OCC is clarifying the following policies and practices related to supervisory guidance: (i) The OCC intends to limit the use of numerical thresholds or other “bright-lines” in describing expectations in supervisory guidance. Where numerical thresholds are used, the OCC intends to clarify that the thresholds are exemplary only and not suggestive of requirements. The OCC will continue to use numerical thresholds to tailor, and otherwise make clear, the applicability of supervisory guidance or programs to supervised institutions, and as required by statute. (ii) Examiners will not criticize (through the issuance of matters requiring attention), a supervised financial institution for, and the OCC will not issue an enforcement action on the basis of, a “violation” of or “non-compliance” with supervisory guidance. In some situations, examiners may reference (including in writing) supervisory guidance to provide examples of safe and sound conduct, appropriate consumer protection and risk management practices, and other actions for addressing compliance with laws or regulations. (iii) Supervisory criticisms should continue to be specific as to practices, operations, financial conditions, or other matters that could have a negative effect on the safety and soundness of the financial institution, could cause consumer harm, or could cause violations of laws, regulations, final agency orders, or other legally enforceable conditions. (iv) The OCC has at times sought, and may continue to seek, public comment on supervisory guidance. Seeking public comment on supervisory guidance does not mean that the guidance is intended to be a regulation or have the force and effect of law. The comment process helps the OCC to improve its understanding of an issue, to gather information on institutions' risk management practices, or to seek ways to achieve a supervisory objective most effectively and with the least burden on institutions. (v) The OCC will aim to reduce the issuance of multiple supervisory guidance documents on the same topic and will generally limit such multiple issuances going forward. (vi) The OCC will continue efforts to make the role of supervisory guidance clear in communications to examiners and to supervised financial institutions and encourage supervised institutions with questions about this statement or any applicable supervisory guidance to discuss the questions with their appropriate agency contact. Subpart G—Enforcement and Supervision Standards Source: 91 FR 18292, Apr. 10, 2026, unless otherwise noted. § 4.91 Prohibition on use of reputation risk. (a) The OCC will not criticize, formally or informally, or take adverse action against an institution on the basis of reputation risk. (b) The OCC will not require, instruct, or encourage an institution, or any employee of an institution, to: (1) Refrain from contracting or doing business with a third party, including an institution-affiliated party, on the basis of reputation risk; (2) Terminate a contract or discontinue doing business with a third party, including an institution-affiliated party, on the basis of reputation risk; (3) Sign a contract or initiate doing business with a third-party, including an institution-affiliated party, on the basis of reputation risk; or (4) Modify the terms or conditions under which it contracts or does business with a third party, including an institution-affiliated party, on the basis of reputation risk. (c) The OCC will not require, instruct, or encourage an institution, or any employee of an institution, to terminate a contract with, discontinue doing business with, sign a contract with, initiate doing business with, modify the terms under which it will do business with a person or entity, or take any action or refrain from taking any action on the basis of the person's or entity's political, social, cultural, or religious views or beliefs, constitutionally protected speech, or solely on the basis of the person's or entity's involvement in politically disfavored but lawful business activities perceived to present reputation risk. (d) The prohibitions in paragraphs (a) through (c) of this section only apply to actions taken on the bases described in paragraphs (a) through (c) of this section, and the prohibition in paragraph (c) of this section shall not apply with respect to persons, entities, or jurisdictions sanctioned by the Office of Foreign Assets Control. (e) Nothing in this section shall restrict the OCC's authority to implement, administer, and enforce the provisions of subchapter II of chapter 53 of title 31, United States Code. (f) The OCC will not take any supervisory action or other adverse action against an institution, a group of institutions, or the institution-affiliated parties of any institution that is designed to punish or discourage an individual or group from engaging in any lawful political, social, cultural, or religious activities, constitutionally protected speech, or, for political reasons, lawful business activities that the OCC or any of its personnel disagree with or disfavor. (g) The following definitions apply in this section: Adverse action (i) Any negative feedback delivered by or on behalf of the OCC to the supervised institution, including in a report of examination or a formal or informal enforcement action; (ii) A downgrade, or contribution to a downgrade, of any supervisory rating, including, but not limited to: (A) Any rating under the Uniform Financial Institutions Rating System (or any comparable rating system); (B) Any rating under the Uniform Interagency Consumer Compliance Rating System; (C) Any rating under the Uniform Rating System for Information Technology; and (D) Any rating under any other rating system; (iii) A denial of a licensing application; (iv) Inclusion of a condition on any licensing application or other approval; (v) Imposition of additional approval requirements; (vi) Any other heightened requirements on an activity or change; (vii) Any adjustment of the institution's capital requirement; and (viii) Any action that negatively impacts the institution, or an institution-affiliated party, or treats the institution differently than similarly situated peers. Doing business with (i) The bank providing any product or service, including account services; (ii) The bank contracting with a third party for the third party to provide a product or service; (iii) The bank providing discounted or free products or services to customers or third parties, including charitable activities; (iv) The bank entering into, maintaining, modifying, or terminating an employment relationship; or (v) Any other similar business activity that involves a bank client or a third party. Institution Institution-affiliated party Reputation risk