§ 404.33 Procedure for declining to testify and/or produce records.

Ex-Im Bank personnel receiving a demand to provide testimony and/or produce records regarding information acquired in the course of their performance of official duties, or due to their official status, and who have not received written authorization from the General Counsel to provide such information, shall: (a) Respectfully decline to answer or appear for examination on the grounds that such testimony is forbidden by this subpart; (b) Request the opportunity to consult with the General Counsel; (c) Explain that only upon consultation may they be granted approval to provide such testimony; (d) Explain that providing such testimony or records absent approval may subject the individual to criminal liability under 18 U.S.C. 641, as well as other applicable laws, and other disciplinary action; and (e) Request a stay of the request or demand pending a determination by the General Counsel.