---
kind: "section"
citation: "12 U.S.C. § 3109"
title: "12"
title_heading: "Banks and Banking"
number: "3109"
heading: "Cooperation with foreign supervisors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3109"
units:
  - "Chapter 32 — Foreign Bank Participation in Domestic Markets"
---

# §3109. Cooperation with foreign supervisors

- (a) **Disclosure of supervisory information to foreign supervisors—** Notwithstanding any other provision of law, the [Board](/usc/12/3101.md?p=2), [Comptroller](/usc/12/3101.md?p=4) of the Currency, Federal Deposit Insurance Corporation, and [Director](/usc/12/5481.md?p=10) of the [Office](/usc/12/3101.md?p=16) of Thrift Supervision may disclose information obtained in the course of exercising supervisory or examination authority to any [foreign bank](/usc/12/3101.md?p=7) regulatory or supervisory authority if the [Board](/usc/12/3101.md?p=2), [Comptroller](/usc/12/3101.md?p=4), Corporation, or [Director](/usc/12/5481.md?p=10) determines that such disclosure is appropriate and will not prejudice the interests of the United States.
- (b) **Requirement of confidentiality—** Before making any disclosure of any information to a foreign authority, the [Board](/usc/12/3101.md?p=2), [Comptroller](/usc/12/3101.md?p=4) of the Currency, Federal Deposit Insurance Corporation, and [Director](/usc/12/5481.md?p=10) of the [Office](/usc/12/3101.md?p=16) of Thrift Supervision shall obtain, to the extent necessary, the agreement of such foreign authority to maintain the confidentiality of such information to the extent possible under applicable law.
- (c) **Confidential information received from foreign supervisors—**
  - (1) **In general—** Except as provided in [paragraph (3)](#c-3), a Federal banking [agency](/usc/12/3101.md?p=1) may not be compelled to disclose information received from a foreign regulatory or supervisory authority if—
    - (A) the Federal banking [agency](/usc/12/3101.md?p=1) determines that the foreign regulatory or supervisory authority has, in good faith, determined and represented in writing to such Federal banking [agency](/usc/12/3101.md?p=1) that public disclosure of the information would violate the laws applicable to that foreign regulatory or supervisory authority; and
    - (B) the relevant Federal banking [agency](/usc/12/3101.md?p=1) obtained such information pursuant to—
      - (i) such procedures as the Federal banking [agency](/usc/12/3101.md?p=1) may establish for use in connection with the administration and enforcement of Federal banking laws; or
      - (ii) a memorandum of understanding or other similar arrangement between the Federal banking [agency](/usc/12/3101.md?p=1) and the foreign regulatory or supervisory authority.
  - (2) **Treatment under title 5—** For purposes of [section 552 of title 5](/usc/5/552.md), this subsection shall be treated as a statute described in [subsection (b)(3)(B)](/usc/5/552.md?p=b-3-B) of such section.
  - (3) **Savings provision—** No provision of this section shall be construed as—
    - (A) authorizing any Federal banking [agency](/usc/12/3101.md?p=1) to withhold any information from any duly authorized committee of the House of Representatives or the Senate; or
    - (B) preventing any Federal banking [agency](/usc/12/3101.md?p=1) from complying with an order of a court of the United States in an action commenced by the United States or such [agency](/usc/12/3101.md?p=1).
  - (4) **Federal banking agency defined—** For purposes of this subsection, the term “Federal banking [agency](/usc/12/3101.md?p=1)” means the [Board](/usc/12/3101.md?p=2), the [Comptroller](/usc/12/3101.md?p=4) of the Currency, the Federal Deposit Insurance Corporation, and the [Director](/usc/12/5481.md?p=10) of the [Office](/usc/12/3101.md?p=16) of Thrift Supervision.

## Source credit

(Pub. L. 95–369, § 15, as added Pub. L. 102–242, title II, § 206, Dec. 19, 1991, 105 Stat. 2294; amended Pub. L. 109–351, title VII, § 709, Oct. 13, 2006, 120 Stat. 1990.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (c). Pub. L. 109–351 added subsec. (c).