[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR4.16]

[Page 114]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 4_MISCELLANEOUS RULES--Table of Contents
 
Sec. 4.16  Privilege against self-incrimination.

    Section 2.11 of Pub. L. 91-462 specifically repeals paragraph 7 of 
section 9 of the Federal Trade Commission Act. Title 18, section 6002, 
of the United States Code provides that whenever a witness refuses, on 
the basis of his privilege against self-incrimination, to testify or 
provide other information in a proceeding before or ancillary to:
    (a) A court or grand jury of the United States,
    (b) An agency of the United States, or
    (c) Either House of Congress, a joint committee of the two Houses, 
or a committee or a subcommittee of either House, and the person 
presiding over the proceeding communicates to the witness an order 
issued under section 6004, the witness may not refuse to comply with the 
order on the basis of his privilege against self-incrimination; but no 
testimony or other information compelled under the order (or any 
information directly or indirectly derived from such testimony or other 
information) may be used against the witness in any criminal case, 
except a prosecution for perjury, giving a false statement, or otherwise 
failing to comply with the order. Title 18, section 6004, of the United 
States Code provides that: (1) In the case of any individual who has 
been or who may be called to testify or provide other information at any 
proceeding before an agency of the United States, the agency may, with 
the approval of the Attorney General, issue, in accordance with 
subsection (b) of section 6004, an order requiring the individual to 
give testimony or provide other information which he refused to give or 
provide on the basis of his privilege against self-incrimination, such 
order to become effective as provided in title 18, section 6002, of the 
United States Code; (2) an agency of the United States may issue an 
order under subsection (a) of section 6004 only if in its judgment (i) 
the testimony or other information from such individual may be necessary 
to the public interest; and (ii) such individual has refused or is 
likely to refuse to testify or provide other information on the basis of 
his privilege against self-incrimination.

(18 U.S.C. 6002, 6004)

[37 FR 5017, Mar. 9, 1972. Redesignated at 45 FR 36345, May 29, 1980]