PUBLIC LAW 102-546—OCT. 28, 1992 106 STAT. 3621 the Commission shall first request the Federal banking agency to expand its reporting requirements to include the information. "(5) Prior to making a request pursuant to paragraph (3) for information with respect to an afGliated person that is subject to examination by or reporting requirements of a Federal banlung agency, the Commission shall— "(A) notify the agency of the information required with respect to the affiliated person; and "(B) consult with the agency to determine whether the information required is available nrom the agency and for other purposes, unless the Commission determines that any delay resulting from the consultation would be inconsistent with ensuring the financial and operational condition of the futures commission merchant or the stability or integrity of the futures markets. "(6) Nothing in this subsection shall be construed to permit the Commission to require any futures commission merchant to obtain, maintain, or furnish any examination report of any Federal banking agency or any supervisory recommendations or analysis contained in the report. "(7) No information provided to or obtained by the Commission from any Federal banking agency pursuant to a request under paragraph (5) regarding any affiliated person that is subject to examination by or reporting requirements of a Federal banking agency may be disclosed to any other person (other than as provided in section 8 or section 8a(6)), without the prior written approval of the Federal banking agency.
- (8) The Commission snail notify a Federal banking agency
of any concerns of the Commission regarding significant financial or operational risks resulting from the activities of any futures commission merchant to any affiliated person thereof that is subject to examination by or reporting requirements of the Federal banlang agency. "(9) The Commission, by rule, regulation, or order, may exempt any person or class of persons under such terms and conditions and for such periods as the Commission shall provide in the rule, regulation, or order, from this subsection and the rules and regulations issued under this subsection. In granting the exemption, the Commission shall consider, among other factors— "(A) whether information of the type required under this subsection is available from a supervisory agency (as defined in section 1101(7) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(7))), a State insurance commission or similar State agency, the Securities and Exchange Commission, or a similar foreign regulator; "(B) the primary business of any affiliated person; "(C) the nature and extent of domestic or foreign regulation of the affiliated person's activities; "(D) the nature and extent of the registered futures commission merchant's commodity futures and options activities; and "(E) with respect to the registered futures commission merchant and its affiliated persons, on a consolidated basis, the amount and proportion of assets devoted to, and revenues derived from activities in the United States futures markets. "(10) Information required to be provided pursuant to this subsection shall be subject to section 8. Except as specifically provided in section 8 and noty/ithstanding any other provision of law.
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