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8-822.5

SUBPART C—SUBPOENAS, ORDERS COMPELLING PRODUCTION, AND OTHER PROCESS

SECTION 271.20—Subpoenas, Orders Compelling Production, and Other Process

(a) Advice by person served. Any person, whether or not an officer or employee of the Committee, of the Board, or of a Federal Reserve Bank, who is served with a subpoena, order, or other judicial or administrative process requiring the production of exempt information of the Committee or requiring the person’s testimony regarding such Committee information in any proceeding, shall:
(1) Promptly inform the Committee’s General Counsel of the service and all relevant facts, including the documents, information, or testimony demanded, and any facts relevant to the Committee in determining whether the material requested should be made available;
(2) Inform the entity issuing the process of the substance of this part; and
(3) At the appropriate time, inform the court or tribunal that issued the process of the substance of this part.
(b) Appearance by person served. Unless authorized by the Committee or as ordered by a federal court in a judicial proceeding in which the Committee has had the opportunity to appear and oppose discovery, any person who is required to respond to a subpoena or other legal process concerning exempt Committee information shall attend at the time and place required and respectfully decline to disclose or to give any testimony with respect to the information, basing such refusal upon the provisions of this part. If the court or other body orders the disclosure of the information or the giving of testimony, the person having the information shall continue to decline to disclose such information and shall promptly report the facts to the Committee for such action as the Committee may deem appropriate.

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