---
kind: "section"
citation: "12 C.F.R. § 404.28"
title: "12"
number: "404.28"
heading: "Definitions."
url: "https://uscodex.org/cfr/12/404.28"
---

# §404.28. Definitions.


For purposes of this subpart, the following definitions shall apply—

Demand—includes an order, subpoena, or other compulsory process issued by a party in litigation or a court of competent jurisdiction, requiring the production or release of Ex-Im Bank information or records, or requiring the testimony of Ex-Im Bank personnel.

Ex-Im Bank personnel—includes any current or former officer or employee of Ex-Im Bank, including all individuals who have been appointed by, or subject to, the official supervision, jurisdiction, or control of any Ex-Im Bank employees. This definition encompasses all individuals hired through contractual agreements with Ex-Im Bank, such as: consultants, contractors, sub-contractors, and their employees.

Legal proceeding—a case or controversy pending before any federal, state, or local court, including a grand jury proceeding; a proceeding before a federal, state, or local administrative judge, board, or other similar body with adjudicative powers; or a legislative proceeding before a state or local legislative body.

Records—all documentary materials that Ex-Im Bank creates or receives in connection with the transaction of official business, including any materials classified as “Federal records” under [44 U.S.C. 3301](/usc/44/3301.md) and its implementing regulations.

Testimony—written or oral statements, including, but not limited to, depositions, answers to interrogatories, affidavits, declarations, and any other statements made in a legal proceeding, including any expert or opinion testimony.


## Notes

### Amendments

[71 FR 14361, Mar. 22, 2006. Redesignated at 87 FR 41034, July 11, 2022]

### Source

Source: 71 FR 14361, Mar. 22, 2006, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 635(a)(1); 5 U.S.C. 552, 5 U.S.C. 552(a), 5 U.S.C. 553. Section 404.7 also issued under E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Section 404.21 also issued under 5 U.S.C. 552a note. Subpart C also issued under 5 U.S.C. 301, 12 U.S.C. 635.

### Source

Source: 64 FR 14374, Mar. 25, 1999, unless otherwise noted.

### Amendments

[71 FR 14361, Mar. 22, 2006. Redesignated at 87 FR 41034, July 11, 2022]