(1)The banking board, the
commissioner, and all deputies and employees of the division shall not divulge any
information acquired by them in the discharge of their duties except insofar as
disclosure may be rendered necessary or authorized by law, including section 11-102-305 (4).
(2)The banking board, the commissioner, and their designees may exchange
information with the United States comptroller of the currency, the federal deposit
insurance corporation, the board of governors of the federal reserve system, the
consumer financial protection bureau, the federal home loan bank in which an
institution is a member or is making an application to become a member, the
executive director of the department of regulatory agencies, the division of
financial services, and banking or fin
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(1) The banking board, the
commissioner, and all deputies and employees of the division shall not divulge any
information acquired by them in the discharge of their duties except insofar as
disclosure may be rendered necessary or authorized by law, including section 11-102-305 (4).
(2) The banking board, the commissioner, and their designees may exchange
information with the United States comptroller of the currency, the federal deposit
insurance corporation, the board of governors of the federal reserve system, the
consumer financial protection bureau, the federal home loan bank in which an
institution is a member or is making an application to become a member, the
executive director of the department of regulatory agencies, the division of
financial services, and banking or financial institution regulatory agencies of other
states or United States territories, subject to any confidentiality agreement entered
into between the banking board or the commissioner and the United States
comptroller of the currency, the federal deposit insurance corporation, the board of
governors of the federal reserve system, the consumer financial protection bureau,
regulatory agencies of other states or United States territories, or the federal home
loan bank in which an institution is a member or is making an application to become
a member. In addition, the banking board, the commissioner, and their designees
may exchange information obtained by the banking board relating to:
(a) Possible violations of the federal Employee Retirement Income Security
Act of 1974, 29 U.S.C. sec. 1001 et seq., with the federal department of labor or the
executive director of the department of regulatory agencies;
(b) Possible criminal violations of federal law relating to the activities of a
federally insured institution with the federal bureau of investigation or the
executive director of the department of regulatory agencies; and
(c) The activities of money transmitters, state banks, and trust companies
pertaining to compliance with federal money laundering and other financial crimes
laws, including the federal Bank Secrecy Act, 12 U.S.C. sec. 1951 et seq., as
amended; the federal Right to Financial Privacy Act of 1978, 12 U.S.C. sec. 3401 et
seq., as amended; the federal Money Laundering Control Act of 1986, 18 U.S.C.
secs. 1956 and 1957, as amended; and the federal Annunzio-Wylie Anti-Money
Laundering Act, 12 U.S.C. sec. 1811 et seq., as amended, with the United States
secretary of the treasury or the secretary's designees.
(3) The executive director of the department of regulatory agencies and the
state commissioner of financial services and their deputies shall, before entering
upon the discharge of their duties specified in this section, in addition to an oath
required by the state constitution, take and subscribe an oath to keep secret all
information acquired by them in the discharge of such duties, except as may
otherwise be required by law. Willful violation of this oath shall be a criminal
offense.
(4) Notwithstanding any other provision of this article to the contrary, the
commissioner, the deputies, and the members of the banking board may disclose
any information in the records of the division of banking or acquired by them within
the discharge of their duties that is publicly available from the federal deposit
insurance corporation, the United States comptroller of the currency, the federal
reserve system, or the consumer financial protection bureau and disclose
information that has been specifically authorized by the board of directors of the
bank to which such information relates. Nothing in this section authorizes the board
of directors of a bank to waive any privileges that belong solely to the banking
board, the division, or its employees.