---
kind: "section"
citation: "15 U.S.C. § 6204"
title: "15"
title_heading: "Commerce and Trade"
number: "6204"
heading: "Limitations on authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6204"
units:
  - "Chapter 88 — International Antitrust Enforcement Assistance"
---

# §6204. Limitations on authority


Sections [6201](/usc/15/6201.md), [6202](/usc/15/6202.md), and [6203](/usc/15/6203.md) of this title shall not apply with respect to the following [antitrust evidence](/usc/15/6211.md?p=1):

- (1) [Antitrust evidence](/usc/15/6211.md?p=1) that is received by the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4) under [section 18a of this title](/usc/15/18a.md). Nothing in this paragraph shall affect the ability of the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4) to disclose to a [foreign antitrust authority](/usc/15/6211.md?p=6) [antitrust evidence](/usc/15/6211.md?p=1) that is obtained otherwise than under [section 18a of this title](/usc/15/18a.md).
- (2) [Antitrust evidence](/usc/15/6211.md?p=1) that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying [Rule 6(e)(3)(C)(iv)](/usc/15/6.md) of the Federal Rules of Criminal Procedure with respect to this section—
  - (A) a [foreign antitrust authority](/usc/15/6211.md?p=6) with respect to which a particularized need for such [antitrust evidence](/usc/15/6211.md?p=1) is shown shall be considered to be an appropriate official of any of the several [States](/usc/15/15g.md?p=2), and
  - (B) a foreign antitrust law administered or enforced by the [foreign antitrust authority](/usc/15/6211.md?p=6) shall be considered to be a [State](/usc/15/15g.md?p=2) criminal law.
- (3) [Antitrust evidence](/usc/15/6211.md?p=1) that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and—
  - (A) that is classified pursuant to such order or such successor, or
  - (B) with respect to which a determination of classification is pending under such order or such successor.
- (4) [Antitrust evidence](/usc/15/6211.md?p=1) that is classified under [section 2162 of title 42](/usc/42/2162.md).

## Source credit

(Pub. L. 103–438, § 5, Nov. 2, 1994, 108 Stat. 4599.)

## Notes

### Editorial Notes

### References in Text

Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure, referred to in par. (2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Executive Order 12356, referred to in par. (3), is Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843.