Section 13. Title 11 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by inserting a new section 1312 under chapter 13 to read as follows:
“Section 1312. Protection of confidential information.
(1) Any information obtained pursuant to this chapter or the Convention shall be kept confidential.
(2) Such proprietary information may be disclosed only with the consent of the person whose affairs it relates, or for the purpose of:
(a) enabling the Federated States of Micronesia to fulfill its obligations under the Convention;
(b) enforcing this chapter; or
(c) resolving an emergency involving public safety.
(3) Any person who fails to comply with this section shall be fined not more than $10,000.”
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.