§ 6204. — Limitations on authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6204]
TITLE 15--COMMERCE AND TRADE
CHAPTER 88--INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
Sec. 6204. Limitations on authority
Sections 6201, 6202, and 6203 of this title shall not apply with
respect to the following antitrust evidence:
(1) Antitrust evidence that is received by the Attorney General
or the Commission under section 18a of this title. Nothing in this
paragraph shall affect the ability of the Attorney General or the
Commission to disclose to a foreign antitrust authority antitrust
evidence that is obtained otherwise than under section 18a of this
title.
(2) Antitrust evidence that is matter occurring before a grand
jury and with respect to which disclosure is prevented by Federal
law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of
the Federal Rules of Criminal Procedure with respect to this
section--
(A) a foreign antitrust authority with respect to which a
particularized need for such antitrust evidence is shown shall
be considered to be an appropriate official of any of the
several States, and
(B) a foreign antitrust law administered or enforced by the
foreign antitrust authority shall be considered to be a State
criminal law.
(3) Antitrust evidence that is specifically authorized under
criteria established by Executive Order 12356, or any successor to
such order, to be kept secret in the interest of national defense or
foreign policy, and--
(A) that is classified pursuant to such order or such
successor, or
(B) with respect to which a determination of classification
is pending under such order or such successor.
(4) Antitrust evidence that is classified under section 2162 of
title 42.
(Pub. L. 103-438, Sec. 5, Nov. 2, 1994, 108 Stat. 4599.)
References in Text
Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure,
referred to in par. (2), is set out in the Appendix to Title 18, Crimes
and Criminal Procedure.
Executive Order 12356, referred to in par. (3), is Ex. Ord. No.
12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was set out as a note
under section 435 of Title 50, War and National Defense, prior to
revocation by Ex. Ord. No. 12958, Sec. 6.1(d), Apr. 17, 1995, 60 F.R.
19843, set out as a note under section 435 of Title 50.
Section Referred to in Other Sections
This section is referred to in sections 6201, 6202, 6207, 6208 of
this title.
