PART 261—RULES REGARDING AVAILABILITY OF INFORMATION Authority: 5 U.S.C. 552; 12 U.S.C. 248(i) and (k), 321 et seq., et seq., et seq., et seq., et seq., et seq., et seq.; et seq.; Source: 85 FR 57627, Sept. 15, 2020, unless otherwise noted. Subpart A—General § 261.1 Authority, purpose, and scope. (a) Authority and purpose. et seq., et seq., et seq., et seq. (b) Scope. (2) Subpart B implements the Freedom of Information Act (FOIA) (5 U.S.C. 552). (3) Subpart C sets forth: (i) The kinds of nonpublic information made available to supervised financial institutions, governmental agencies, and others in certain circumstances; (ii) The procedures for disclosure; and (iii) The procedures with respect to subpoenas, orders compelling production, and other process. § 261.2 Definitions. For purposes of this part: (a) Affiliate (b)(1) Confidential supervisory information (2) Confidential supervisory information (i) Documents prepared by or for a supervised financial institution for its own business purposes that are in its own possession and that do not include confidential supervisory information as defined in paragraph (b)(1) of this section, even though copies of such documents in the Board's or Reserve Bank's possession constitute confidential supervisory information; or (ii) Final orders, amendments, or modifications of final orders, or other actions or documents that are specifically required to be published or made available to the public pursuant to 12 U.S.C. 1818(u), the Community Reinvestment Act, or other applicable law. (c) Nonpublic information (1) Confidential supervisory information, or (2) Exempt from disclosure under § 261.15(a). (d)(1) Records of the Board Board records (i) Any Board member or any officer, employee, or contractor of the Board in the conduct of the Board's official duties, or (ii) Any officer, director, employee, or contractor of any Reserve Bank and either constitutes confidential supervisory information as defined in paragraph (b)(1) of this section or is created or obtained in the performance of Board functions delegated to the Reserve Bank pursuant to 12 U.S.C. 248(k). (2) Records of the Board (i) Personal files or notes of Board members, employees, or contractors; extra copies of documents and library and museum materials kept solely for reference or exhibition purposes; or unaltered publications otherwise available to the public in Board publications, libraries, or established distribution systems; (ii) Records located at Reserve Banks other than those records identified in paragraph (d)(1) of this section; or (iii) Records that belong to or are otherwise under the control of another entity or agency despite the Board's possession. (e)(1) Search (2) As part of the Board's search for responsive records, the Board is not obligated to conduct any research, create any document, or modify an electronic program or automated information system. (f) Supervised financial institution (g) Working day § 261.3 Custodian of records; certification; service; alternative authority. (a) Custodian of records. (b) Certification of record. (c) Service of subpoenas or other process. (d) Alternative authority. § 261.4 Prohibition against disclosure. Except as provided in this part or as otherwise authorized, no officer, employee, or agent of the Board or any Reserve Bank shall disclose or permit the disclosure of any nonpublic information of the Board to any person other than Board or Reserve Bank officers, employees, or agents properly entitled to such information for the performance of official duties. Subpart B—Published Information and Records Available to Public; Procedures for Requests § 261.10 Published information. (a) Federal Register. Federal Register (1) Descriptions of the Board's central and field organization; (2) Statements of the general course and method by which the Board's functions are channeled and determined, including the nature and requirements of procedures; (3) Rules of procedure, descriptions of forms available and the place where they may be obtained, and instructions on the scope and contents of all papers, reports, and examinations; (4) Substantive rules, interpretations of general applicability, and statements of general policy; (5) Every amendment, revision, or repeal of the foregoing in paragraphs (a)(1) through (4) of this section; and (6) Other notices as required by law. (b) Publications. www.federalreserve.gov/publications www.federalreserve.gov/files/orderform.pdf (c) Publicly available information Electronic reading room. http://www.federalreserve.gov/foia/readingrooms.htm#rr1. (i) Final opinions, including concurring and dissenting opinions, as well as final orders and written agreements, made in the adjudication of cases; (ii) Statements of policy and interpretations adopted by the Board that are not published in the Federal Register (iii) Administrative staff manuals and instructions to staff that affect the public; (iv) Copies of all records, regardless of form or format— (A) That have been released to any person under § 261.11; and (B)( 1 ( 2 (v) A general index of the records referred to in paragraph (c)(1)(iv) of this section; and (vi) The public section of Community Reinvestment Act examination reports. (2) Inspection in electronic format at Reserve Banks. (3) Privacy protection. § 261.11 Records available to the public upon request. (a) Procedures for requesting records. https://www.federalreserve.gov/secure/forms/efoiaform.aspx. (2) A request may not be combined with any other request or with any matter presented to the Board such as a protest on a pending application or a comment on a public rulemaking. It may, however, be combined with a request for records under the Privacy Act pursuant to 12 CFR 261a.5(a) or a request for discretionary release of confidential supervisory information pursuant to § 261.23. (b) Contents of request. (1) The requester's name, address, daytime telephone number, and an email address if available. (2) A description of the records that enables the Board's staff to identify and produce the records with reasonable effort and without unduly burdening or significantly interfering with any of the Board's operations. Whenever possible, the request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record. (3) A statement agreeing to pay the applicable fees. If the information requested is not intended for a commercial use (as defined in § 261.16(d)(1)) and the requester seeks a reduction or waiver of fees because he or she is either a representative of the news media, an educational institution, or a noncommercial scientific institution, the requester should include the information called for in § 261.16(g)(2). (c) Perfected and defective requests. (2) The Board need not accept or process a request that does not reasonably describe the records requested or that does not otherwise comply with the requirements of this section. (3) The Board may return a defective request, specifying the deficiency. The requester may submit a corrected request, which will be treated as a new request. § 261.12 Processing requests. (a) Receipt of requests. (b) Multitrack processing. (i) Requests for records that are readily identifiable by the Office of the Secretary and that have already been cleared for public release or can easily be cleared for public release may qualify for simple processing. (ii) All other requests shall be handled under normal processing procedures, unless expedited processing has been granted pursuant to paragraph (c) of this section. (2) The Office of the Secretary will make the determination whether a request qualifies for simple processing. A requester may contact the Office of the Secretary to learn whether a particular request has been assigned to simple processing. If the request has not qualified for simple processing, the requester may limit the scope of the request in order to qualify for simple processing by contacting the Office of the Secretary in writing, by letter or email, or by telephone. (c) Expedited processing. (i) Circumstances in which the lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (ii) An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information. (2) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. For example, under paragraph (c)(1)(ii) of this section, a requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about Federal Government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. As a matter of administrative discretion, the Board may waive the formal certification requirement. (3) Within 10 calendar days of receipt of a request for expedited processing, the Board will notify the requester of its decision on the request. A denial of expedited processing may be appealed to the Board in accordance with § 261.14. The Board will respond to the appeal within 10 working days of receipt of the appeal. (d) Priority of responses. (e) Time limits. (1) In the case of expedited treatment under paragraph (c) of this section, the Board shall give the expedited request priority over non-expedited requests and shall process the expedited request as soon as practicable. (2) Where the running of such time is suspended for a requester to address fee requirements pursuant to § 261.16(c)(1) or (2). (3) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B), the Board may— (i) Extend the 20-day time limit for a period of time not to exceed 10 working days, where the Board has provided written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be dispatched; and (ii) Extend the 20-day time limit for a period of more than 10 working days where the Board has provided the requester with an opportunity to modify the scope of the FOIA request so that it can be processed within that time frame or with an opportunity to arrange an alternative time frame for processing the original request or a modified request, and has notified the requester that the Board's FOIA Public Liaison is available to assist the requester for this purpose and in the resolution of any disputes between the requester and the Board and of the requester's right to seek dispute resolution services from the Office of Government Information Services. § 261.13 Responses to requests. (a) When the Board receives a perfected request, it will conduct a reasonable search of Board records in its possession on the date the Board's search begins and will review any responsive information it locates. (b) If a request covers documents that were created by, obtained from, or classified by another agency, the Board may refer the request for such documents to that agency for a response and inform the requester promptly of the referral. (c) In responding to a request, the Board will withhold information under this section only if— (1) The Board reasonably foresees that disclosure would harm an interest protected by an exemption described in § 261.15(a); or (2) Disclosure is prohibited by law. (d) The Board will take reasonable steps necessary to segregate and release nonexempt information. (e) The Board will notify the requester of: (1) The Board's determination of the request; (2) The reasons for the determination; (3) An estimate of the amount of information withheld, if any. An estimate is not required if the amount of information is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption; (4) The right of the requester to seek assistance from the Board's FOIA Public Liaison; and (5) When an adverse determination is made, the Board will advise the requester in writing of that determination and will further advise the requester of: (i) The right of the requester to appeal any adverse determination within 90 calendar days after the date of the determination as specified in § 261.14; (ii) The right of the requester to seek dispute resolution services from the Board's FOIA Public Liaison or the Office of Government Information Services; and (iii) The name and title or position of the person responsible for the adverse determination. (f) Adverse determinations, or denials of requests, include decisions that the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited treatment. (g) The Board will normally send responsive, nonexempt documents to the requester by email but may use other means as arranged between the Board and the requester or as determined by the Board. The Board will attempt to provide records in the format requested by the requester. § 261.14 Appeals. (a) Appeal of adverse determination. (1) The appeal should prominently display the phrase FREEDOM OF INFORMATION ACT APPEAL on the first page, and should be sent directly to [email protected] (2) A request for records under § 261.11 may not be combined in the same letter with an appeal. (3) To be considered timely, an appeal must be postmarked, or in the case of electronic submissions, transmitted, within 90 calendar days after the date of the adverse determination. (b) Except as provided in § 261.12(c)(3), the Board shall make a determination regarding any appeal within 20 working days of actual receipt of the appeal by the Office of the Secretary. If an adverse determination is upheld on appeal, in whole or in part, the determination letter shall notify the appealing party of the right to seek judicial review and of the availability of dispute resolution services from the Office of Government Information Services as a nonexclusive alternative to litigation. (c) The Board may reconsider an adverse determination, including one on appeal, if intervening circumstances or additional facts not known at the time of the adverse determination come to the attention of the Board. § 261.15 Exemptions from disclosure. (a) Types of records exempt from disclosure. (1) Any information 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 is in fact properly classified pursuant to the executive order. (2) Any information related solely to the internal personnel rules and practices of the Board. (3) Any information specifically exempted from disclosure by statute to the extent required by 5 U.S.C. 552(b)(3). (4) Any matter that is a trade secret or that constitutes commercial or financial information obtained from a person and that is privileged or confidential. (5) Inter- or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the Board, provided that the deliberative process privilege shall not apply to records that were created 25 years or more before the date on which the records were requested. (6) Any information contained in personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (7) Any records or information compiled for law enforcement purposes, to the extent permitted under 5 U.S.C. 552(b)(7). (8) Any matter that is contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions, including a State financial institution supervisory agency. (b) Release of nonpublic information. (2) The fact that the Board has determined to release particular nonpublic information does not waive the Board's ability to withhold similar nonpublic information in response to the same or a different request. (3) Except where disclosure is expressly prohibited by statute, regulation, or order, the Board may release records that are exempt from mandatory disclosure whenever the Board or designated Board members, the Secretary, or the General Counsel determines that such disclosure would be in the public interest. The Board will provide predisclosure notice to submitters of confidential information in accordance with § 261.18(b)(1). Confidential supervisory information may only be released as set forth in subpart C. (c) Delayed release. Federal Register (1) Interfere with accomplishing the objectives of the Board in the discharge of its statutory functions; (2) Interfere with the orderly conduct of the foreign affairs of the United States; (3) Permit speculators or others to gain unfair profits or other unfair advantages by speculative trading in securities or otherwise; (4) Result in unnecessary or unwarranted disturbances in the securities markets; (5) Interfere with the orderly execution of the objectives or policies of other government agencies; or (6) Impair the ability to negotiate any contract or otherwise harm the commercial or financial interest of the United States, the Board, any Reserve Bank, or any department or agency of the United States. § 261.16 Fee schedules; waiver of fees. (a) Fee schedules. (b) For purposes of computing fees. (2) Direct costs mean those expenditures that the Board actually incurs in searching for, reviewing, and duplicating records in response to a request made under § 261.11, as shown in table 1 to this section. (3) Duplication refers to the process of making a copy, in any format, of a document. (4) Review refers to the process of examining documents that have been located as being potentially responsive to a request for records to determine whether any portion of a document is exempt from disclosure. It includes doing all that is necessary to prepare the documents for release, including the redaction of exempt information. It does not include time spent resolving general legal or policy issues regarding the application of exemptions. (c) Payment procedures. (1) Advance notification of fees. (2) Advance payment. (3) Late charges. (d) Categories of uses. (1) A commercial use requester (2) Representative of the news media (3) Educational institution (4) Noncommercial scientific institution (5) Fees table. (e) Nonproductive search. (f) Aggregated requests. (g) Waiver or reduction of fees. (1) The Board will grant a waiver or reduction of fees where it is determined both that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, and that the disclosure of information is not primarily in the commercial interest of the requester. In making this determination, the Board will consider the following factors: (i) Whether the subject of the records would shed light on identifiable operations or activities of the government with a connection that is direct and clear, not remote or attenuated; and (ii) Whether disclosure of the information is likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met: (A) Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding. (B) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public must be considered. The Board will presume that a representative of the news media will satisfy this consideration. (iii) The disclosure must not be primarily in the commercial interest of the requester. A commercial interest includes any commercial, trade, profit, or litigation interest. (2) A request for a waiver or reduction of fees must include: (i) A clear statement of the requester's interest in the documents; (ii) The use proposed for the documents and whether the requester will derive income or other benefit for such use; (iii) A statement of how the public will benefit from such use and from the Board's release of the documents; (iv) A description of the method by which the information will be disseminated to the public; and (v) If specialized use of the information is contemplated, a statement of the requester's qualifications that are relevant to that use. (3) The requester has the burden to present evidence or information in support of a request for a waiver or reduction of fees. (4) The Board will notify the requester of its determination on the request for a waiver or reduction of fees. The requester may appeal a denial in accordance with § 261.14(a). (5) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver must be granted for those records. (6) A request for a waiver or reduction of fees should be made when the request for records is first submitted to the Board and should address the criteria referenced above. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date the fee waiver request was received. (h) Restrictions on charging fees. (2) If the Board determines that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and has provided timely written notice to the requester and subsequently responds within the additional 10 working days as provided in § 261.12(e)(3), the Board may charge search fees, or, in the case of requesters described in paragraphs (d)(2) through (4) of this section, may charge duplication fees. (3) If the Board determines that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are necessary to respond to the request, then the Board may charge search fees, or, in the case of requesters described in paragraphs (d)(2) through (4) of this section, may charge duplication fees, if the Board has: (i) Provided timely written notice of unusual circumstances to the requester in accordance with the FOIA; and (ii) Discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). (4) If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order. (i) Employee requests. (j) Special services. Table 1 to § 261.16—Fees Type of requester Search costs per hour Review costs per hour Duplication costs Commercial Clerical/Technical staff—$20 Clerical/Technical staff—$20 Photocopy per standard page—.10. Professional/Supervisory staff—$40 Professional/Supervisory staff—$40 Other types of duplication—Direct Costs. Manager/Senior professional staff—$65 Manager/Senior professional staff—$65 Computer search, including computer search time, output, operator's salary—Direct Costs Educational; or Non-commercial scientific; or News media Costs waived Costs waived First 100 pages free, All other requesters First 2 hours free, Costs waived First 100 pages free, Professional/Supervisory staff—$40 Other types of duplication—Direct Costs. Manager/Senior professional staff—$65 Computer search, including computer search time, output, operator's salary—Direct Costs § 261.17 Request for confidential treatment. (a) Submission of request. (b) Form of request. (c) Designation and separation of confidential material. CONFIDENTIAL (d) Exceptions. (1) Data items collected on forms that are approved pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq. (2) Any comments submitted by a member of the public on applications and regulatory proposals being considered by the Board, unless the Board determines that confidential treatment is warranted. (3) A determination by the Board to comment upon information submitted to the Board in any opinion or statement issued to the public as described in § 261.15(b)(1). (e) Special procedures. § 261.18 Process for addressing a submitter's request for confidential treatment. (a) Resolving requests for confidential treatment. (b) Notice to the submitter. (i) The requested information has been designated in good faith by the submitter as information considered protected from disclosure under 5 U.S.C. 552(b)(4) or (b)(6); and (ii) The Board has reason to believe that the requested information may be protected from disclosure, but has not yet determined whether the information may be protected from disclosure. (2) Where a submitter has not requested confidential treatment but the Board reasonably believes the requested information may be protected from disclosure under 5 U.S.C. 552(b)(4) or (b)(6), the Board may notify a submitter of the receipt of a request for access to that information and provide the submitter an opportunity to respond. (3) The notice given to the submitter shall: (i) Describe the information that has been requested or include a copy of the requested records or portions of records containing the information. In cases involving a voluminous number of submitters, the Board may post or publish a notice in a place or manner reasonably likely to inform the submitters of the proposed disclosure, instead of sending individual notifications; and (ii) Give the submitter a reasonable opportunity, not to exceed 10 working days from the date of notice, to submit written objections to disclosure of the information. (c) Exceptions to notice to submitter. (1) The Board determines that the information is exempt under the FOIA and, therefore, will not be disclosed; (2) The requested information has been lawfully published or has been officially made available to the public; (3) Disclosure of the information is required by a statute (other than 5 U.S.C. 552) or by a regulation issued in accordance with the requirements of Executive Order 12600 of June 23, 1987; or (4) The submitter's claim of confidentiality appears obviously frivolous or has already been denied by the Board. In such case, the Board shall give the submitter written notice of the determination to disclose the information at least five working days prior to disclosure. (d) Notice to requester. (1) The submitter is provided with notice and an opportunity to object to disclosure under paragraph (b) of this section; (2) The submitter is notified of the Board's intention to disclose the requested information; or (3) The submitter files a lawsuit to prevent the disclosure of information. (e) Written objections by submitter. (2) A submitter who fails to respond within the time period specified in the notice will be considered to have no objection to disclosure of the information. The Board is not required to consider any information received after the date of any disclosure decision. Any information provided by a submitter under this subpart, including a written request for confidential treatment, may itself be subject to disclosure under the FOIA. (f) Analysis of objections. (g) Notice of lawsuit. Subpart C—Nonpublic Information Made Available to Supervised Financial Institutions, Governmental Agencies, and Others in Certain Circumstances § 261.20 General. (a) All confidential supervisory information and other nonpublic information, including but not limited to information made available under this subpart, remains the property of the Board, and except as otherwise provided in this regulation, no person, entity, agency, or authority to whom the information is made available or who otherwise possesses the information, including any officer, director, employee, or agent thereof, may use any such information for an unauthorized purpose or disclose any such information without the prior written permission of the General Counsel. (b) The disclosure of confidential supervisory information or other nonpublic information in accordance with this subpart shall not constitute a waiver by the Board of any applicable privileges. (c) Nothing in this subpart shall be construed to limit or restrict the authority of the Board to impose any additional conditions or limitations on the use and disclosure of confidential supervisory information or other nonpublic information. Further, nothing in this subpart shall be construed to limit or restrict the authority of the Board to make discretionary disclosures of confidential supervisory information or other nonpublic information in addition to the disclosures expressly provided for in this subpart. § 261.21 Confidential supervisory information made available to supervised financial institutions. (a) Disclosure of confidential supervisory information to supervised financial institutions. (b) Disclosure of confidential supervisory information by supervised financial institutions General. (2) Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Bureau of Consumer Financial Protection, and State financial supervisory agencies. (3) Legal counsel and auditors. (i) It will treat the confidential supervisory information in accordance with § 261.20(a); and (ii) It will not use the confidential supervisory information for any purpose other than as necessary to provide the services to the supervised financial institution. (4) Other service providers. (A) It will treat the confidential supervisory information in accordance with § 261.20(a); and (B) It will not use the confidential supervisory information for any purpose other than as provided under its contract to provide services to the supervised financial institution. (ii) A supervised financial institution shall maintain a written account of the disclosures of confidential supervisory information that the supervised financial institution makes to service providers under this section and provide the Board or Reserve Bank with a copy of such written account upon the Board's or Reserve Bank's request. § 261.22 Nonpublic information made available by the Board to governmental agencies and entities exercising governmental authority. (a) Disclosure to Federal and State financial institution supervisory agencies. (b) Disclosures pursuant to the Equal Credit Opportunity Act, the Fair Housing Act, and the Employee Retirement Income Security Act. (1) The Attorney General or to the Secretary of the Department of Housing and Urban Development related to the enforcement of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq. et seq. (2) The Secretary of the Department of Labor and the Secretary of the Department the Treasury in accordance with section 3004(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1204(b)). (c) Disclosure to other governmental agencies and entities exercising governmental authority. (1) Contents of request. (i) The particular information, kinds of information, and where possible, the particular documents to which access is sought; (ii) The reasons why such information cannot be obtained from the supervised financial institution in question or another source rather than from the Board; (iii) A statement of the law enforcement purpose or other statutory purpose for which the information shall be used; (iv) A commitment that the information requested shall not be disclosed to any person outside the requesting agency or entity without the written permission of the General Counsel; and (v) If the document or information requested includes customer account information subject to the Right to Financial Privacy Act, as amended (12 U.S.C. 3401 et seq. (2) Action on request. (i) The request complies with this section; (ii) The information is needed in connection with a formal investigation or other official duties of the requesting agency or entity; (iii) Satisfactory assurances of confidentiality have been given; and (iv) Disclosure is consistent with the supervisory and regulatory responsibilities and policies of the Board. (d) Federal and State grand jury, criminal trial, and government administrative subpoenas. (e) Conditions or limitations; written agreements. § 261.23 Other disclosure of confidential supervisory information. (a) Board policy. (2) Notwithstanding any other provision of this part, the Board will not authorize access to or disclosure of any suspicious activity report (SAR), or any information that would reveal the existence of a SAR, except as necessary to fulfill official duties consistent with Title II of the Bank Secrecy Act. For purposes of this part, “official duties” shall not include the disclosure of a SAR, or any information that would reveal the existence of a SAR, in response to a request for disclosure of nonpublic information or a request for use in a private legal proceeding, including a request pursuant to this section. (b) Requests in connection with litigation. (1) In connection with any proposed use of confidential supervisory information in litigation before a court, board, commission, agency, or arbitration, any person who— (i) Seeks access to confidential supervisory information from the Board or a Reserve Bank (including the testimony of present or former Board or Reserve Bank employees on matters involving confidential supervisory information, whether by deposition or otherwise), (ii) Seeks to use confidential supervisory information in its possession or to disclose such information to another party, or (iii) Seeks to require a person to disclose confidential supervisory information to a party, shall file a written request with the General Counsel. (2) The request shall include: (i) The judicial or administrative action, including the case number and court or adjudicative body and a copy of the complaint or other pleading setting forth the assertions in the case; (ii) A description of any prior judicial or other decisions or pending motions in the case that may bear on the asserted relevance of the requested information; (iii) A narrow and specific description of the confidential supervisory information the requester seeks to access or to disclose for use in the litigation including, whenever possible, the specific documents the requester seeks to access or disclose; (iv) The relevance of the confidential supervisory information to the issues or matters raised by the litigation; (v) The reason why the information sought, or equivalent information adequate to the needs of the case, cannot be obtained from any other source; and (vi) A commitment to obtain a protective order acceptable to the Board from the judicial or administrative tribunal hearing the action preserving the confidentiality of any information that is provided. (3) In the case of requests covered by paragraph (b)(1)(ii) of this section, the Board may require the party to whom disclosure would ultimately be made to substantiate its need for the information prior to acting on any request. (c) All other requests. (d) Action on request Determination of approval. (i) The person seeking access, or the person to whom access would be provided, has shown a substantial need to access confidential supervisory information that outweighs the need to maintain confidentiality; and (ii) Approval is consistent with the supervisory and regulatory responsibilities and policies of the Board. (2) Conditions or limitations. (e) Exhaustion of administrative remedies for discovery purposes in civil, criminal, or administrative action. § 261.24 Subpoenas, orders compelling production, and other process. (a) Advice by person served. (1) Promptly inform the Board's General Counsel of the service and all relevant facts, including the documents, information or testimony demanded, and any facts relevant to the Board in determining whether the material requested should be made available; (2) Inform the entity issuing the process of the substance of these rules and, in particular, of the obligation to follow the request procedures in § 261.23(b); and (3) At the appropriate time inform the court or tribunal that issued the process of the substance of these rules. (b) Appearance by person served. (c) Civil requests for production.