If I send NCUA confidential commercial information, can it be disclosed under FOIA?

CFR · 2024-01-01 · US · Title 12

(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) (2) (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). 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); or (2) NCUA has reason to believe that the information may be protected from disclosure under § 792.11(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) 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

official document · source cfr-2024 · id 12:§ 792.29