Production of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings

Résumé

OPIC proposes to establish rules regarding subpoenas seeking nonpublic records or the testimony of OPIC employees in legal proceedings. The proposed rule facilitates access to records in OPIC's custody by centralizing agency decision-making with respect to demands for records or testimony in such legal proceedings. The proposed rule provides procedures, requirements and information on how OPIC will handle these matters and expressly prohibits any disclosure or testimony except as provided by the proposed rule. The effect of the rule will be, among other benefits, to ensure an efficient use of OPIC resources, promote uniformity in decisions, protect confidential information, maintain agency control over the release of official information, protect the interests of the United States, and provide guidance to parties. The proposed rule will also amend the current rule regarding release of OPIC records which are exempt from disclosure under the Freedom of Information Act, to conform with the procedures provided in this proposed rule.