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Statutes Text

Article - Financial Institutions




§12–408.1.

    (a)    (1)    The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to the nationwide licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to the nationwide licensing system.

        (2)    The information and material may be shared with all state and federal regulatory officials having oversight authority over the money transmission industry, including the Financial Crimes Enforcement Network, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.

    (b)    The Commissioner may enter into information–sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies, including the Financial Crimes Enforcement Network.

    (c)    Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:

        (1)    Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or

        (2)    Subpoena, discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the nationwide licensing system, the person to whom the information or material pertains waives, in whole or in part, that privilege.

    (d)    Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.

    (e)    This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a money transmitter or its authorized delegate that is included in the nationwide licensing system and designated for access by the public.



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