15 U.S.C. § 6205 — Exception to certain disclosure restric-

Page 2228 TITLE 15—COMMERCE AND TRADE § 6204 (1) in determining whether a person has vio- lated or is about to violate any of the foreign antitrust laws administered or enforced by the foreign antitrust authority, or (2) in enforcing any of such foreign antitrust laws. (b) Contents of order (1) Use of appointee to receive evidence (A) An order issued under subsection (a) may direct that testimony or a statement be given, or a document or other thing be produced, to a person who shall be recommended by the At- torney General and appointed by the court. (B) A person appointed under subparagraph (A) shall have power to administer any nec- essary oath and to take such testimony or such statement. (2) Practice and procedure (A) An order issued under subsection (a) may prescribe the practice and procedure for tak- ing testimony and statements and for pro- ducing documents and other things. (B) Such practice and procedure may be in whole or in part the practice and procedure of the foreign state, or the regional economic in- tegration organization, represented by the for- eign antitrust authority with respect to which the Attorney General requests such order. (C) To the extent such order does not pre- scribe otherwise, any testimony and state- ments required to be taken shall be taken, and any documents and other things required to be produced shall be produced, in accordance with the Federal Rules of Civil Procedure. (c) Rights and privileges preserved A person may not be compelled under an order issued under subsection (a) to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege. (d) Voluntary conduct This section does not preclude a person in the United States from voluntarily giving testi- mony or a statement, or producing a document or other thing, in any manner acceptable to such person for use in an investigation by a for- eign antitrust authority. (Pub. L. 103–438, § 4, Nov. 2, 1994, 108 Stat. 4599.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2)(C), are classified to Title 28, Appendix, Judiciary and Judicial Procedure. § 6204. Limitations on authority Sections 6201, 6202, and 6203 of this title shall not apply with respect to the following antitrust evidence: (1) Antitrust evidence that is received by the Attorney General or the Commission under section 18a of this title. Nothing in this para- graph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under section 18a of this title. (2) Antitrust evidence that is matter occur- ring 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) of the Federal Rules of Criminal Procedure with respect to this section— (A) a foreign antitrust authority with re- spect to which a particularized need for such antitrust evidence is shown shall be consid- ered to be an appropriate official of any of the several States, and (B) a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law. (3) Antitrust evidence that is specifically au- thorized under criteria established by Execu- tive Order 12356, or any successor to such order, to be kept secret in the interest of na- tional 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 that is classified under section 2162 of title 42. (Pub. L. 103–438, § 5, Nov. 2, 1994, 108 Stat. 4599.) 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 Ap- pendix 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. § 6205. Exception to certain disclosure restric- tions Section 1313 of this title, and sections 46(f) and 57b–2 of this title, shall not apply to prevent the Attorney General or the Commission from pro- viding to a foreign antitrust authority antitrust evidence in accordance with an antitrust mutual assistance agreement in effect under this chap- ter and in accordance with the other require- ments of this chapter. (Pub. L. 103–438, § 6, Nov. 2, 1994, 108 Stat. 4600.) § 6206. Publication requirements applicable to antitrust mutual assistance agreements (a) Publication of proposed antitrust mutual as- sistance agreements Not less than 45 days before an antitrust mu- tual assistance agreement is entered into, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Reg- ister— (1) the proposed text of such agreement and any modification to such proposed text, and (2) a request for public comment with re- spect to such text or such modification, as the case may be.