12 CFR § 404.28 - Definitions.

---
identifier: "/us/cfr/t12/s404.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 404.28 - Definitions."
title_number: 12
title_name: "Banks and Banking"
section_number: "404.28"
section_name: "Definitions."
chapter_name: "EXPORT-IMPORT BANK OF THE UNITED STATES"
part_number: "404"
part_name: "INFORMATION DISCLOSURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 635(a)(1); 5 U.S.C. 552, 5 U.S.C. 552(a), 5 U.S.C. 553."
regulatory_source: "64 FR 14374, Mar. 25, 1999, unless otherwise noted."
cfr_part: "404"
---


# 404.28 Definitions.

For purposes of this subpart, the following definitions shall apply—

*Demand*—includes an order, subpoena, or other compulsory process issued by a party in litigation or a court of competent jurisdiction, requiring the production or release of Ex-Im Bank information or records, or requiring the testimony of Ex-Im Bank personnel.

*Ex-Im Bank personnel*—includes any current or former officer or employee of Ex-Im Bank, including all individuals who have been appointed by, or subject to, the official supervision, jurisdiction, or control of any Ex-Im Bank employees. This definition encompasses all individuals hired through contractual agreements with Ex-Im Bank, such as: consultants, contractors, sub-contractors, and their employees.

*Legal proceeding*—a case or controversy pending before any federal, state, or local court, including a grand jury proceeding; a proceeding before a federal, state, or local administrative judge, board, or other similar body with adjudicative powers; or a legislative proceeding before a state or local legislative body.

*Records*—all documentary materials that Ex-Im Bank creates or receives in connection with the transaction of official business, including any materials classified as “Federal records” under 44 U.S.C. 3301 and its implementing regulations.

*Testimony*—written or oral statements, including, but not limited to, depositions, answers to interrogatories, affidavits, declarations, and any other statements made in a legal proceeding, including any expert or opinion testimony.

[71 FR 14361, Mar. 22, 2006. Redesignated at 87 FR 41034, July 11, 2022]