Page:United States Statutes at Large Volume 122.djvu/3068

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

12 2 STA T .3045PUBLIC LA W 110 – 314 — AU G .14 , 200 8‘ ‘ (i i )al a w a dm i n i ster ed by t h e Co mmission , i f dis c los u re of the material would further a Commission in v esti g ation or enforcement p roceeding

or ‘‘(iii) with respect to a foreign law enforcement agency, with the approval of the A ttorney G eneral, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the U nited S tates and the foreign law enforcement agency ’ s government; and ‘‘(C) in the case of a foreign government agency, such agency is not from a foreign state that the Secretary of State has determined, in accordance with section 6 ( j )of the Ex port Administration Act of 197 9( 50 U . S.C. App. 24 05(j)), has repeatedly provided support for acts of inter - national terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act (50 U.S.C. App. 2405(j)(4)). ‘‘(2) A BROGATI O N O F AGR E E M ENT S . —T he Commission may abrogate any agreement or memorandum of understanding with another agency if the Commission determines that the other agency has failed to maintain in confidence any information provided under such agreement or memorandum of under- standing, or has used any such information for purposes other than those set forth in such agreement or memorandum of understanding. ‘‘( 3 )A D DITIONA L R U LES AGAINST DIS C LOSURE.—Except as provided in paragraph (4), the Commission shall not be re q uired to disclose under section 552 of title 5, United States Code, or any other provision of law— ‘‘(A) any material obtained from a foreign government agency, if the foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material; ‘‘( B ) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or ‘‘(C) any material reflecting a consumer complaint sub- mitted to a Commission reporting mechanism sponsored in part by foreign government agencies. ‘‘(4) L IMITATION.— N othing in this subsection authori z es the Commission to withhold information from the Congress or pre- vent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission. ‘‘(5) D EFINITION.— I n this subsection, the term ‘foreign government agency’ means— ‘‘(A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivi- sion of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and