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
Previous ArticleMAS Decides Not to Amend Capital Adequacy Rules for Merchant Banks
The European Banking Authority (EBA) published the final draft regulatory technical standards specifying and, where relevant, calibrating the minimum performance-related triggers for simple.
The European Central Bank (ECB) is undertaking the integrated reporting framework (IReF) project to integrate statistical requirements for banks into a standardized reporting framework that would be applicable across the euro area and adopted by authorities in other EU member states.
The Basel Committee on Banking Supervision met, shortly after a gathering of the Group of Central Bank Governors and Heads of Supervision (GHOS), the oversight body of BCBS.
The International Organization of Securities Commissions (IOSCO) welcomed the work of the international audit and assurance standard setters—the International Auditing and Assurance Standards Board (IAASB)
The European Banking Authority (EBA) has been awarded the top European Standard for its environmental performance under the European Eco-Management and Audit Scheme (EMAS).
The Monetary Authority of Singapore (MAS) set out the Financial Services Industry Transformation Map 2025 and, in collaboration with the SGX Group, launched ESGenome.
The Bank of England (BoE) published a Statistical Notice (2022/18), which informs that due to the Bank Holiday granted for Her Majesty Queen Elizabeth II’s State Funeral on Monday September 19, 2022.
The French Prudential Control and Resolution Authority (ACPR) announced that the European Banking Authority (EBA) has updated its filing rules and the implementation dates for certain modules of the EBA reporting framework 3.2.
The European Central Bank (ECB) published a paper that examines how credit rating agencies accepted by the Eurosystem, as part of the Eurosystem Credit Assessment Framework (ECAF)
The Australian Prudential Regulation Authority (APRA) announced reduction in the aggregate Committed Liquidity Facility (CLF) for authorized deposit-taking entities to ~USD 33 billion on September 01, 2022.