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Background and Summary of Regulation S

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Subpart A of Regulation S, issued by the Board of Governors pursuant to section 1115 of the Right to Financial Privacy Act of 1978 (12 USC 3415), prescribes the rates and conditions for reimbursement of necessary costs directly incurred by financial institutions in providing customers’ financial records to government authorities. Generally, the regulation defines the types of activities that are reimbursable, the extent to which a financial institution may be reimbursed, and exceptions to the general rules.
Subpart B, issued pursuant to the Bank Secrecy Act (specifically, 12 USC 1829b), requires each domestic financial institution involved in either a domestic or international wire transfer to collect and retain certain information.

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COST REIMBURSEMENT

Certain types of costs that are considered to be directly incurred costs and, consequently, reimbursable are detailed in section 219.3 of the regulation. In addition, the limitations on the amount of reimbursable costs are established. Reimbursable costs fall into three categories: (1) search and processing costs, (2) reproduction costs, and (3) transportation costs.
Search time includes direct personnel time “incurred in locating and retrieving, reproducing, packaging and preparing financial records for shipment.” Specific salaries of personnel involved are not to be included, nor are salaries or fees for analysis of the material or expert advice concerning the material. The rate allowed for search and processing is $10 per hour per person. (§ 219.3(a))
Reproduction costs are those costs incurred in making copies of the requested information. Financial institutions may be reimbursed at 15 cents per page for copies of documents, and they may be reimbursed for the actual cost of photographs, film, and similar materials. (§ 219.3(b))
Transportation costs include directly incurred and necessary costs to transport personnel for retrieval of the information and to convey the material itself to the place of examination. Under these circumstances, the actual transportation costs are reimbursed. (§ 219.3(c))

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EXCEPTIONS

Costs of providing some forms of financial information and records are not reimbursable. Generally, reports required by certain government agencies or federal statutes and regulations are exempt. The same is true for administrative agency subpoenas and financial records requested in connection with government civil or criminal litigation. Corporate records are also exempt. These and other exceptions are described in detail in section 219.4.

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CONDITIONS AND PROCEDURES FOR PAYMENT

Sections 219.5 and 219.6 of Regulation S establish the conditions and procedures for payment. Included are various notice requirements and limitations concerning the type of costs that qualify for reimbursement.

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RECORDKEEPING AND REPORTING

Subpart B of Regulation S, effective January 1, 1996, requires financial institutions to keep records and to file reports that the secretary of the Treasury determines are highly useful in criminal, tax, or regulatory investigations or proceedings. The Bank Secrecy Act—the primary purpose of which is to combat money-laundering schemes by identifying the source, volume, and movement of funds into and out of the country and through domestic financial institutions—was amended in 1992 to specifically authorize the Treasury and the Board jointly to prescribe regulations requiring maintenance of records on domestic and international funds transfers.

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