OCC BULLETIN 2019-15
Subject: Supervisory Ratings and Other Nonpublic OCC Information
Date: March 25, 2019
To: Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties
Description: Statement on Confidentiality
The Office of the Comptroller of the Currency (OCC) reminds all national banks and federal savings associations (collectively, banks) that they are prohibited by regulation from disclosing nonpublic OCC information (see 12 CFR 4.32(b)), including their CAMELS rating, without prior approval of the OCC, except in very limited circumstances (see 12 CFR 4.36(d) and 4.37(b)). Any unauthorized disclosure or use of nonpublic OCC information without the express permission of the OCC may be subject to criminal penalties under federal law. This bulletin describes the requirements and the OCC’s expectations related to the disclosure of nonpublic OCC information and includes a listing of alternative sources of publicly available bank information.
OCC reports of examination and other nonpublic OCC information are the property of the OCC. Except in very limited circumstances, a bank may not disclose this information without the prior written permission of the OCC (see 12 CFR 4.37(b)). This prohibition applies to any portion of a report of examination, supervisory correspondence, and any representations concerning the report or supervisory correspondence, or their findings, including the assigned CAMELS rating. Any unauthorized disclosure or use of nonpublic information may be subject to criminal penalties.
OCC regulations provide that nonpublic OCC information is the property of the OCC (see 12 CFR 4.32(b)(2)). This information may not be disclosed without the prior written permission of the OCC, except in very limited circumstances (see 12 CFR 4.36(d) and 4.37(b)). The circumstances for release of nonpublic 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’s regulations (see 12 CFR 4.37(b)(2)).
Nonpublic OCC information includes the following:
Any person who discloses or uses nonpublic information except as expressly permitted by the OCC or as provided by the OCC’s regulations may be subject to the criminal penalties provided in 18 USC 641. This legal prohibition on the release of nonpublic OCC information applies to all financial institutions supervised by the OCC.
A bank that receives a request for nonpublic supervisory information may choose to refer all requesters to the following publicly available information:
Questions about this bulletin may be directed to your OCC supervisory office.
Morris R. Morgan