March 25, 2019

OCC issued a bulletin on its expectations about disclosure of non-public OCC information and includes a listing of alternative sources of publicly available bank information. OCC notified all national banks and federal savings associations that they are prohibited by regulation from disclosing non-public OCC information. This information may not be disclosed without the prior written permission of OCC, except in very limited circumstances. The bulletin applies to all banks, including community banks.

The unauthorized disclosure or use of non-public OCC information without the express permission of OCC may be subject to criminal penalties under federal law. The circumstances for release of non-public OCC information may include disclosure to a parent holding company, director, officer, attorney, auditor, or other specified third party, to the extent consistent with the OCC regulations. Non-public OCC information includes the following:

  • OCC reports of examination, including CAMELS ratings
  • Supervisory correspondence
  • Bank responses to supervisory correspondence
  • Investigatory files
  • Certain enforcement-related information, including matters requiring attention
  • Confidential bank information
  • Other OCC records created or obtained in connection with OCC supervision, licensing, regulation, or examination that are not required to be made available under the Freedom of Information Act, 5 USC 552, or that the OCC has not yet published or made publicly available (refer to 12 CFR 4.32(b)(1))

A bank that receives a request for non-public supervisory information may choose to refer all requesters to the following publicly available information:

  • Quarterly reports of condition (call reports) (12 USC 1817)
  • For holding companies or foreign banks with U.S. operations, an institution’s quarterly and annual FR Y or H-(b)11 reports (12 USC 602, 625, and 1844(c))
  • The bank’s Uniform Bank Performance Report, which is available to all interested parties from FFIEC and is designed to provide a summary and in-depth analysis of banks
  • A bank’s publicly available filings, if any, filed with OCC or with SEC
  • Any reports or ratings on the bank, which are compiled by private companies that track the performance of financial institutions
  • Any reports or ratings issued by private rating services on public debt issued by a bank
  • Any publicly available cease and desist order or enforcement proceeding against a bank
  • Information on enforcement actions taken by other federal agencies, such as SEC, the Financial Crimes Enforcement Network, and the U.S. Department of Justice, as well as foreign authorities, may also be publicly available.
  • Any reports or other sources of information created by the bank on bank performance or internal matters that do not contain information prohibited from release by law or regulation

 

Related Link: OCC Bulletin

 

Keywords: Americas, US, Banking, Non-Public Information, Confidentiality, Disclosure, CAMELS Rating, OCC

Related Articles
News

US Agencies Consult on Capital Treatment of Land Development Loans

US Agencies (FDIC, FED, and OCC) issued a proposed rule on the treatment of loans that finance the development of land for purposes of the one- to four-family residential properties exclusion in the definition of high volatility commercial real estate (HVCRE) exposure in the regulatory capital rule.

July 12, 2019 WebPage Regulatory News
News

EBA Single Rulebook Q&A: Second Update for July 2019

Under the Single Rulebook question and answer (Q&A) updates for this week, EBA published answers to five questions related to supervisory reporting.

July 12, 2019 WebPage Regulatory News
News

ESMA Updates Manual for European Single Electronic Format in EU

ESMA updated the reporting manual for European Single Electronic Format (ESEF).

July 12, 2019 WebPage Regulatory News
News

FED Updates Supplemental Instructions for Reporting Form FR Y-9C

FED updated the supplemental instructions for FR Y-9C reporting.

July 12, 2019 WebPage Regulatory News
News

EBA Publishes Report on Monitoring Implementation of LCR in EU

EBA published its first report on the monitoring of the implementation of liquidity coverage ratio (LCR) in EU.

July 12, 2019 WebPage Regulatory News
News

EIOPA Consults on Reporting and Disclosures Under Solvency II Review

EIOPA launched a consultation package on supervisory reporting and public disclosure in the context of its work linked with the 2020 Solvency II review.

July 12, 2019 WebPage Regulatory News
News

APRA Applies Additional Capital Requirements to Three Australian Banks

APRA is applying additional capital requirements to three major banks in Australia to reflect higher operational risk identified in their risk governance self-assessments.

July 11, 2019 WebPage Regulatory News
News

IMF Report on 2019 Article IV Consultation on Euro Area Policies

IMF published its staff report in context of the 2019 Article IV consultation on euro area policies with member countries.

July 11, 2019 WebPage Regulatory News
News

FSB to Survey Practices on Cyber Incident Response and Recovery

FSB launched a survey on the industry practices on cyber incident response and recovery.

July 11, 2019 WebPage Regulatory News
News

ECB Appoints New Members of Supervisory Board

The Governing Council of ECB appointed Edouard Fernandez-Bollo, Kerstin af Jochnick, and Elizabeth McCaul as representatives to the Supervisory Board of ECB Banking Supervision, for a five-year non-renewable term.

July 11, 2019 WebPage Regulatory News
RESULTS 1 - 10 OF 3441