Transfer of financial records to other agencies or departments; certification
Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.
Mailing of copy of certification and notice to customer
12 U.S.C. 34015 U.S.C. 552aWhen financial records subject to this chapter are transferred pursuant to subsection (a), the transferring agency or department shall, within fourteen days, send to the customer a copy of the certification made pursuant to subsection (a) and the following notice, which shall state the nature of the law enforcement inquiry with reasonable specificity: “Copies of, or information contained in, your financial records lawfully in possession of have been furnished to pursuant to the Right of Financial Privacy Act of 1978 [ et seq.] for the following purpose: . If you believe that this transfer has not been made to further a legitimate law enforcement inquiry, you may have legal rights under the Financial Privacy Act of 1978 or the Privacy Act of 1974 [].”
Court-ordered delays in mailing
section 3409(b) of this titleNotwithstanding subsection (b), notice to the customer may be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409(a) and (b) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409(a) and (b) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to the customer the notice specified in subsection (b) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409(a) and (b) of this title shall serve to the customer the notice specified in .
Exchanges of examination reports by supervisory agencies; transfer of financial records to defend customer action; withholding of information
Nothing in this chapter prohibits any supervisory agency from exchanging examination reports or other information with another supervisory agency. Nothing in this chapter prohibits the transfer of a customer’s financial records needed by counsel for a Government authority to defend an action brought by the customer. Nothing in this chapter shall authorize the withholding of information by any officer or employee of a supervisory agency from a duly authorized committee or subcommittee of the Congress.
Exchange of records, reports, or other information
1
Transfer to Attorney General or Secretary of the Treasury
In general
Limitation on use
section 1833a of this title2
Pub. L. 95–630, title XI, § 111292 Stat. 3705Pub. L. 97–320, title IV, § 432(a)96 Stat. 1527Pub. L. 100–690, title VI, § 6186(b)102 Stat. 4357Pub. L. 101–73, title IX, § 944103 Stat. 498Pub. L. 102–242, title IV, § 411(1)105 Stat. 2375Pub. L. 102–550, title XV, § 1516106 Stat. 4059Pub. L. 106–102, title II, § 231(b)(2)113 Stat. 1407Pub. L. 107–56, title III, § 358(f)(1)115 Stat. 327Pub. L. 109–455120 Stat. 3381Pub. L. 111–203, title X, § 1099(2)124 Stat. 2105Pub. L. 112–203, § 1126 Stat. 1484(, , ; , , ; , , ; , , ; , , ; , title XVI, § 1606(b), , , 4087; , title VII, § 727(b)(2), , , 1475; , , ; , §§ 10, 13, , , 3382; , , ; , , .)
Amendment of Section
section 13 of Pub. L. 109–455For repeal of amendment by , see Termination Date of 2006 Amendment note below.
Editorial Notes
References in Text
Pub. L. 95–63092 Stat. 3697section 3401 of this titleThe Right of Financial Privacy Act of 1978, and the Financial Privacy Act of 1978, referred to in subsec. (b), both probably mean title XI of , , , known as the Right to Financial Privacy Act of 1978, which is classified generally to this chapter (§ 3401 et seq.). For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 93–57988 Stat. 1896section 552a of Title 5section 552a of Title 5The Privacy Act of 1974, referred to in subsec. (b), is , , , which enacted , Government Organization and Employees, and provisions set out as notes under .
Section 3401(6) of this titlesection 3401(7) of this titlePub. L. 101–73, title IX, § 941(1)103 Stat. 496, referred to in subsec. (e), was redesignated by , , .
Amendments
Pub. L. 112–203, § 1Pub. L. 109–455, § 132012—Subsec. (e). , amended . See 2006 Amendment note below.
Pub. L. 111–2032010—Subsec. (e). substituted “the Commodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted” for “and the Commodity Futures Trading Commission is permitted”.
Pub. L. 109–455, § 10Pub. L. 109–455, § 13Pub. L. 112–203, § 12006—Subsec. (e). , which inserted “the Federal Trade Commission,” after “the Securities and Exchange Commission,”, was repealed by , as amended by . See Termination Date of 2006 Amendment note below.
Pub. L. 107–562001—Subsec. (a). inserted “, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism” after “legitimate law enforcement inquiry”.
Pub. L. 106–1021999—Subsec. (e). inserted “, examination reports” after “financial records” and substituted “provision of law,” for “provision of this chapter,” and “, the Securities and Exchange Commission, and the Commodity Futures Trading Commission” for “and the Securities and Exchange Commission”.
Pub. L. 102–550, § 1516(1)1992—Subsec. (f)(1). , inserted “or the Secretary of the Treasury” after “the Attorney General”.
Pub. L. 102–550, § 1606(b)Subsec. (f)(2). , inserted a comma before “for civil actions” and made technical amendment to reference to sections 981 or 982 of title 18.
Pub. L. 102–550, § 1516(2), inserted “and only for criminal investigative purposes relating to money laundering and other financial crimes by the Department of the Treasury” after “the Department of Justice”.
Pub. L. 102–242section 1833a of this title1991—Subsec. (f)(2). inserted “for civil actions under , or for forfeiture under sections 981 or 982 of title 18” after “or prosecutive purposes” and inserted at end “No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law.”
Pub. L. 101–73, § 944(1)1989—Subsec. (e). , which directed the insertion of “, holding company, or any subsidiary of a depository institution or holding company,” after “with respect to a depository institution”, was executed by making the insertion after “with respect to a financial institution”, as the probable intent of Congress.
Pub. L. 101–73, § 944(2), substituted “Council and the Securities and Exchange Commission” for “Council”.
Pub. L. 100–6901988—Subsec. (f). added subsec. (f).
Pub. L. 97–3201982—Subsec. (e). added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Termination Date of 2006 Amendment
section 10 of Pub. L. 109–455Pub. L. 109–455Pub. L. 109–455section 13 of Pub. L. 109–455section 44 of Title 15Amendment by repealed effective , and provisions amended by to be amended to read as if had not been enacted, see , set out as a note under , Commerce and Trade.
Effective Date of 2001 Amendment
Pub. L. 107–56section 358(h) of Pub. L. 107–56section 1829b of this titleAmendment by applicable with respect to reports filed or records maintained on, before, or after , see , set out as a note under .
Effective Date of 1992 Amendment
section 1606(b) of Pub. L. 102–550Pub. L. 102–242section 1609(a) of Pub. L. 102–550section 191 of this titleAmendment by effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, , as of , see , set out as a note under .
Effective Date
section 2101 of Pub. L. 95–630section 375b of this titleSection effective upon the expiration of 120 days after , see , set out as a note under .