1. Except as otherwise provided in subsections 2 and 3, the Bank shall keep confidential any information that is required to be submitted or disclosed to the Bank: (a) In an application for a loan or other financial assistance and which has not already been made public or is not otherwise publicly available, other than: (1) The amount of the loan or other financial assistance being sought; (2) The name of each person in any submission or disclosure; (3) The basis for the loan or other financial assistance being sought; (4) The terms or proposed terms of the loan or other financial assistance being sought; (5) Any information asserted in the submission or disclosure that is, or which the Bank asserts to be, necessary or relevant to the decision of the Bank to grant or deny the loan or other financial assistance; and (6) The amount of the loan or other financial assistance granted; or (b) Which the Bank is required to keep confidential pursuant to federal law. 2. The Bank shall disclose the information set forth in subsection 1: (a) Upon the lawful order of a court of competent jurisdiction; (b) To any person upon the request of the person who is the subject of the information; (c) Upon the completion of the loan or other financial assistance, excluding any proprietary information; or (d) In the course of the necessary administration of this chapter. 3. The Bank may disclose the information set forth in subsection 1 to an authorized agent of an agency of the United States Government, a state, a political subdivision of a state, a foreign government or a political subdivision of a foreign government which finances infrastructure projects. 4. A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection 1 must submit a motion in writing to the court requesting the information. At least 10 days before submitting the motion, the person must provide notice to the Bank, the Attorney General and all persons who may be affected by the disclosure of the information. The notice must: (a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and (b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided. 5. As used in this section: (a) Confidential business information means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including, without limitation, data relating to cost or price submitted to the Bank in support of a proposal. The term does not include the amount of a bid or proposal. (b) Proprietary information means any trade secret or confidential business information that is contained in a proposal submitted to the Bank.
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