22 U.S.C. § 286f — Obtaining and furnishing information to

Page 181 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 286f Loan Account of the Trust that have been used for the purpose of financing programs to Fund members previously in arrears to the Fund. (July 31, 1945, ch. 339, § 58, as added Pub. L. 102–511, title X, § 1001, Oct. 24, 1992, 106 Stat. 3357.) § 286f. Obtaining and furnishing information to the Fund (a) Required disclosure Whenever a request is made by the Fund to the United States as a member to furnish data under article VIII, section 5, of the Articles of Agreement of the Fund, the President may, through any agency he may designate, require any person to furnish such information as the President may determine to be essential to com- ply with such request. In making such deter- mination the President shall seek to collect the information only in such detail as is necessary to comply with the request of the Fund. No in- formation so acquired shall be furnished to the Fund in such detail that the affairs of any per- son are disclosed. (b) Penalty for refusal In the event any person refuses to furnish such information when requested to do so, the Presi- dent, through any designated governmental agency, may by subpoena require such person to appear and testify or to appear and produce records and other documents, or both. In case of contumacy by, or refusal to obey a subpoena served upon any such person, the district court for any district in which such person is found or resides or transacts business, upon application by the President or any governmental agency designated by him, shall have jurisdiction to issue an order requiring such person to appear and give testimony or appear and produce records and documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Penalty for unlawful disclosures It shall be unlawful for any officer or em- ployee of the Government, or for any advisor or consultant to the Government, to disclose, oth- erwise than in the course of official duty, any information obtained under this section, or to use any such information for his personal ben- efit. Whoever violates any of the provisions of this subsection shall, upon conviction, be fined not more than $5,000, or imprisoned for not more than five years, or both. (d) ‘‘Person’’ defined The term ‘‘person’’ as used in this section means an individual, partnership, corporation or association. (July 31, 1945, ch. 339, § 8, 59 Stat. 515.) Executive Documents EX. ORD. NO. 10033. REGULATIONS GOVERNING THE PRO- VIDING OF STATISTICAL INFORMATION TO INTERGOVERN- MENTAL ORGANIZATIONS Ex. Ord. No. 10033, Feb. 8, 1949, 14 F.R. 561, as amended by Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813; Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided: SECTION 1. Except as provided in section 2 hereof, the Director of the Office of Management and Budget, here- inafter referred to as the Director, (a) shall determine, with the concurrence of the Secretary of State, what statistical information shall be provided in response to official requests received by the United States Govern- ment from any intergovernmental organization of which this country is a member, and (b) shall deter- mine which Federal executive agency or agencies shall prepare the statistical information thus to be provided. The statistical information so prepared shall be trans- mitted to the requesting intergovernmental organiza- tion through established channels by the Secretary of State or by any Federal executive agency now or here- after authorized by the Secretary of State to transmit such information. SEC. 2. (a) The National Advisory Council on Inter- national Monetary and Financial Policies, hereinafter referred to as the National Advisory Council, shall de- termine, after consultation with the Director, what in- formation is essential in order that the United States Government may comply with official requests for in- formation received from the International Monetary Fund or the International Bank for Reconstruction and Development. (b) The Director shall determine which Federal exec- utive agency or agencies shall collect or make avail- able information found essential under section 2(a) hereof. (c) In the collection of information pursuant to a de- termination made by the Director under section 2(b) hereof in response to a request under article VIII, sec- tion 5, of the Articles of Agreement of the Inter- national Monetary Fund, the authority conferred on the President by section 8 of the Bretton Woods Agree- ments Act [this section] to require any person to fur- nish such information, by subpoena or otherwise, may be exercised by each of the following-named agencies: Department of Agriculture. Department of Commerce. Department of the Interior. Department of Labor. Department of the Treasury. Board of Governors of the Federal Reserve System. Federal Communications Commission. Federal Deposit Insurance Corporation. Federal Power Commission. Federal Trade Commission. Interstate Commerce Commission. Securities and Exchange Commission. United States Maritime Commission. United States Tariff Commission [now the United States International Trade Commission]. (d) The information collected or made available under section 2 of this order shall be submitted to the National Advisory Council for review and for presen- tation to the said Fund or Bank. (e) As used in this order, the word ‘‘person’’ means an individual, partnership, corporation, or association. SEC. 3. The Director’s determination of any matter under section 1 or section 2(b) of this order shall be made after consulting appropriate Federal executive agencies and giving due consideration to any responsi- bility now exercised by any of them in relation to an intergovernmental organization. SEC. 4. This order shall not be construed to authorize the Director or the National Advisory Council to pro- vide, or to require any Federal executive agency to pro- vide, to an intergovernmental organization (a) informa- tion during any period of time when the agency having primary responsibility for security of the specified in- formation declares that it must be withheld from the intergovernmental organization in the interest of mili- tary security, or (b) information which any Federal ex- ecutive agency is required by law to maintain on a con- fidential basis. SEC. 5. The Director and the National Advisory Coun- cil are authorized to prescribe such regulations as may be necessary to carry out their respective responsibil- ities under this order. Page 182 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 286g SEC. 6. To the extent that this order conflicts with any previous Executive order, the provisions of this order shall control. SEC. 7. [Revoked by Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833] § 286g. Jurisdiction and venue of actions For the purpose of any action which may be brought within the United States or its Terri- tories or possessions by or against the Fund or the Bank in accordance with the Articles of Agreement of the Fund or the Articles of Agree- ment of the Bank, the Fund or the Bank, as the case may be, shall be deemed to be an inhab- itant of the Federal judicial district in which its principal office in the United States is located, and any such action at law or in equity to which either the Fund or the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of any such action. When either the Fund or the Bank is a defendant in any such action, it may, at any time before the trial thereof, remove such action from a State court into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law. (July 31, 1945, ch. 339, § 10, 59 Stat. 516.) § 286h. Status, privileges, and immunities of the United States The provisions of article IX, sections 2 to 9, both inclusive, and the first sentence of article VIII, section 2(b), of the Articles of Agreement of the Fund, and the provisions of article VI, section 5(i), and article VII, sections 2 to 9, both inclusive, of the Articles of Agreement of the Bank, shall have full force and effect in the United States and its Territories and posses- sions upon acceptance of membership by the United States in, and the establishment of, the Fund and the Bank, respectively. (July 31, 1945, ch. 339, § 11, 59 Stat. 516.) § 286i. Stabilization loans by Bank; amendment to Articles of Agreement The governor and executive director of the Bank appointed by the United States are di- rected to obtain promptly an official interpreta- tion by the Bank as to its authority to make or guarantee loans for programs of economic recon- struction and the reconstruction of monetary systems, including long-term stabilization loans. If the Bank does not interpret its powers to include the making or guaranteeing of such loans, the governor of the Bank representing the United States is directed to propose promptly and support an amendment to the Articles of Agreement for the purpose of explicitly author- izing the Bank, after consultation with the Fund, to make or guarantee such loans. The President is authorized and directed to accept an amendment to that effect on behalf of the United States. (July 31, 1945, ch. 339, § 12, 59 Stat. 516.) § 286j. Use of Fund resources (a) Official interpretation of authority of Fund The governor and executive director of the Fund appointed by the United States are di- rected to obtain promptly an official interpreta- tion by the Fund as to whether its authority to use its resources extends beyond current mone- tary stabilization operations to afford tem- porary assistance to members in connection with seasonal, cyclical, and emergency fluctua- tions in the balance of payment of any member for current transactions, and whether it has au- thority to use its resources to provide facilities for relief, reconstruction, or armaments, or to meet a large or sustained outflow of capital on the part of any member. (b) Proposal of amendment If the interpretation by the Fund answers in the affirmative any of the questions stated in subsection (a), the governor of the Fund rep- resenting the United States is directed to pro- pose promptly and support an amendment to the Articles of Agreement for the purpose of ex- pressly negativing such interpretation. The President is authorized and directed to accept an amendment to that effect on behalf of the United States. (July 31, 1945, ch. 339, § 13, 59 Stat. 517.) § 286k. Further promotion of international eco- nomic relations (a) Congressional declaration of policy In the realization that additional measures of international economic cooperation are nec- essary to facilitate the expansion and balanced growth of international trade and render most effective the operations of the Fund and the Bank, it is declared to be the policy of the United States to seek to bring about further agreement and cooperation among nations and international bodies, as soon as possible, on ways and means which will best reduce obstacles to and restrictions upon international trade, eliminate unfair trade practices, promote mutu- ally advantageous commercial relations, and otherwise facilitate the expansion and balanced growth of international trade and promote the stability of international economic relations. In considering the policies of the United States in foreign lending and the policies of the Fund and the Bank, particularly in conducting exchange transactions, the Council and the United States representatives on the Fund and the Bank shall give careful consideration to the progress which has been made in achieving such agreement and cooperation. (b) Transmittal of information to Congressional committees The President shall, upon the request of any committee of the Congress with legislative or oversight jurisdiction over monetary policy or the International Monetary Fund, provide to such committee any appropriate information relevant to that committee’s jurisdiction which is furnished to any department or agency of the United States by the International Monetary Fund. The President shall comply with this pro- vision consistent with United States member-