Sec. 6109. PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS
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## SEC. 6109 PROTECTION OF INFORMATION EXCHANGED WITH FOREIGN LAW ENFORCEMENT AND FINANCIAL INTELLIGENCE UNITS ###
(a)In General Section 310 of title 31, United States Code, as amended by sections 6103, 6105, 6107, and 6108 of this division, is amended by inserting after subsection
(h)the following: > > ### “(i) Protection of Information Obtained by Foreign Law Enforcement and Financial Intelligence Units; Freedom of Information Act > > > #### “(1) Definitions > > In this subsection: > > > ##### “(A) Foreign anti-money laundering and countering the financing of terrorism authority > > The term ‘foreign anti-money laundering and countering the financing of terrorism authority’ means any foreign agency or authority that is empowered under foreign law to regulate or supervise foreign financial institutions (or designated non-financial businesses and professions) with respect to laws concerning anti-money laundering and countering the financing of terrorism and proliferation. > > > ##### “(B) Foreign financial intelligence unit > > The term ‘foreign financial intelligence unit’ means any foreign agency or authority, including a foreign financial intelligence unit that is a member of the Egmont Group of Financial Intelligence Units, that is empowered under foreign law as a jurisdiction’s national center for— > > > ###### “(i) > > receipt and analysis of suspicious transaction reports and other information relevant to money laundering, associated predicate offenses, and the financing of terrorism; and > > > ###### “(ii) > > the dissemination of the results of the analysis described in clause (i). > > > ##### “(C) Foreign law enforcement authority > > The term ‘foreign law enforcement authority’ means any foreign agency or authority that is empowered under foreign law to detect, investigate, or prosecute potential violations of law. > > > #### “(2) Information exchanged with foreign law enforcement authorities, foreign financial intelligence units, and foreign anti-money laundering and countering the financing of terrorism authorities > > > ##### “(A) In general > > The Department of the Treasury may not be compelled to search for or disclose information exchanged with a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority. > > > ##### “(B) Inapplicability of freedom of information act > > > ###### “(i) In general > > Section 552(a)(3) of title 5 (commonly known as the ‘Freedom of Information Act’) shall not apply to any request for records or information exchanged between the Department of the Treasury and a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority. > > > ###### “(ii) Specifically exempted by statute > > For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3)(B) of that section. > > > ##### “(C) Clarification on information limitations and protections > > > ###### “(i) In general > > The provisions of this paragraph shall apply only to information necessary to exercise the duties and powers described under subsection (b). > > > ###### “(ii) Appropriate confidentiality, classification, and data security requirements > > The Secretary, in consultation with the Director, shall ensure that information provided to a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority, is subject to appropriate confidentiality, classification, and data security requirements. > > > #### “(3) Savings provision > > Nothing in this section shall authorize the Department of the Treasury to withhold information from Congress, decline to carry out a search for information requested by Congress, or prevent the Department of the Treasury from complying with an order of a court of the United States in an action commenced by the United States.” > . ###
(b)Availability of Reports Section 5319 of title 31, United States Code, is amended, in the fourth sentence, by inserting “search and” before “disclosure”.