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Type: Policy Statement

FCA-PS-34
Disclosure of the Issuance and Termination of Enforcement Documents
Old/Additional ID: [NV-96-22; NV-05-01] (70 FR 71142, 11/25/2005)




Effective Date: 27-JAN-05.

Effect on Previous Actions: BM-13-JAN-94-03 (FCA-PS-57).

Source of Authority: None.

The Farm Credit Administration (FCA) Board finds that it is in the best interest of the Farm Credit System (FCS), the FCA, and the public that certain information concerning the issuance and any subsequent termination of final enforcement orders, formal agreements and conditions imposed in writing (Enforcement Documents) be disclosed to the FCS and the public. Specifically, the basis for disclosing this information is to communicate to the FCS and the public that the FCA is effectively using its enforcement powers through the issuance of Enforcement Documents and the subsequent termination of such Enforcement Documents, when appropriate.

THE FCA BOARD HEREBY ADOPTS THE FOLLOWING POLICY STATEMENT:

Upon issuance or termination of any Enforcement Document, the Office of Examination shall notify the Director of the Office of Communications and Public Affairs (OCPA) of such event. OCPA shall prepare, for release to the FCS and the public, a disclosure, subject to the concurrence of the Office of General Counsel (OGC). If the OGC determines that a disclosure adversely affects a civil or criminal investigation, the disclosure will not be made. The disclosure shall include the information described below:

1. The type and date of action taken;

2. The type of institution to which the action pertains, or if the action pertains to an individual or entity, the relationship between the individual or entity and the institution; and

3. A description of the essential facts pertaining to the action, excluding information that would identify the institution and/or persons involved.

DATED THIS 27th DAY OF JANUARY, 2005

BY ORDER OF THE BOARD

Jeanette C. Brinkley,
Secretary to the Board.

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