---
kind: "section"
citation: "12 C.F.R. § 792.29"
title: "12"
number: "792.29"
heading: "If I send NCUA confidential commercial information, can it be disclosed under FOIA?"
url: "https://uscodex.org/cfr/12/792.29"
---

# §792.29. If I send NCUA confidential commercial information, can it be disclosed under FOIA?

- (a) If you submit confidential commercial information to NCUA, it may be disclosed in response to a FOIA request in accordance with this section.
- (b) **For purposes of this section—**
  - (1) Confidential commercial information means commercial or financial information provided to NCUA by a submitter that arguably is protected from disclosure under [§ 792.11(a)(4)](/cfr/12/792.11.md?p=a-4) because disclosure could reasonably be expected to cause substantial competitive harm.
  - (2) Submitter means any person or entity who provides business information, directly or indirectly, to NCUA.
- (c) Submitters of business information must use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, those portions of their submissions deemed to be protected from disclosure under [§ 792.11(a)(4)](/cfr/12/792.11.md?p=a-4). Such a designation shall expire ten years after the date of submission.
- (d) We will provide a submitter with written notice of a FOIA request or administrative appeal encompassing designated business information when:
  - (1) The information has been designated in good faith by the submitter as confidential commercial information deemed protected from disclosure under [§ 792.11(a)(4)](/cfr/12/792.11.md?p=a-4); or
  - (2) NCUA has reason to believe that the information may be protected from disclosure under [§ 792.11(a)(4)](/cfr/12/792.11.md?p=a-4).
- (e) A copy of the notice to the submitter will also be provided to the FOIA requester.
- (f) Through the notice described in [paragraph (d)](#d) of this section, NCUA will afford the submitter a reasonable period of time within which to provide a detailed written statement of any objection to disclosure. The statement must describe why the information is confidential commercial information and why it should not be disclosed.
- (g) Whenever we decide that we must disclose confidential commercial information over the objection of the submitter, we will send both the submitter and the FOIA requester, within a reasonable number of days prior to the specified disclosure date, a written notice which will include:
  - (1) A statement of the reasons for which the submitter's disclosure objection was not sustained; and
  - (2) A description of the information to be disclosed; and
  - (3) **A specified disclosure date.**
- (h) If a requester brings suit to compel disclosure of confidential commercial information, we will promptly notify the submitter.
- (i) **The notice requirements of paragraph (d) of this section do not apply if—**
  - (1) We determine that the information should not be disclosed;
  - (2) The information has been lawfully published or has been officially made available to the public;
  - (3) Disclosure of the information is required by law; or
  - (4) The designation made by the submitter in accordance with [paragraph (c)](#c) of this section appears obviously frivolous; except that in such case, NCUA will provide the submitter with written notice of any final administrative decision to disclose the information within a reasonable number of days prior to the specified disclosure date.

## Notes

### Source

Source: 63 FR 14338, Mar. 25, 1998, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p.235; E.O. 13526, 75 FR 707, 2009 Comp. p.298.

### Source

Source: 54 FR 18476, May 1, 1989, unless otherwise noted.