(a) Financial records originally
obtained pursuant to this title 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.
(b) When financial records
subject to this title 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 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.” 6-1771
(c) Notwithstanding 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 1109 (a) and (b)
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
1109 (a) and (b). 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) above and the agency or department
that obtained the court order authorizing a delay in notice pursuant
to section 1109(a) and (b) shall serve to the customer the notice
specified in section 1109(b).
(d) Nothing in this
title prohibits any supervisory agency from exchanging examination
reports or other information with another supervisory agency. Nothing
in this title 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 title 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.
(e) Notwithstanding section 1101(6) or any other
provision of law, the exchange of financial records, examination reports
or other information with respect to a financial institution, holding
company, or any subsidiary of a depository institution or holding
company, among and between the five member supervisory agencies of
the Federal Financial Institutions Examination Council, the Securities
and Exchange Commission, the Federal Trade Commission, the Commodity
Futures Trading Commission, and the Bureau of Consumer Financial Protection
is permitted.
6-1771.1
(f) (1) Nothing in this title shall
apply when financial records obtained by an agency or department of
the United States are disclosed or transferred to the Attorney General
or the Secretary of the Treasury upon the certification by a supervisory
level official of the transferring agency or department that—
(A) there
is reason to believe that the records may be relevant to a violation
of Federal criminal law; and
(B) the records were obtained in the
exercise of the agency’s or department’s supervisory or regulatory
functions.
(2)
Records so transferred shall be used only for criminal investigative
or prosecutive purposes, for civil actions under section 951 of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989,
or for forfeiture under sections 981 or 982 of title 18, United States
Code, by the Department of Justice and only for criminal investigative
purposes relating to money laundering and other financial crimes by
the Department of the Treasury and shall, upon completion of the investigation
or prosecution (including any appeal), be returned only to the transferring
agency or department. No agency or department so transferring such
records shall be deemed to have waived any privilege applicable to
those records under law.
[12 USC 3412. As amended
by acts of Oct. 15, 1982 (96 Stat. 1527); Nov. 18, 1988 (102 Stat.
4357); Aug. 9, 1989 (103 Stat. 498); Dec. 19, 1991 (105 Stat. 2375);
Oct. 28, 1992 (106 Stat. 4059, 4088); Nov. 12, 1999 (113 Stat. 1407,
1475); Oct. 26, 2001 (115 Stat. 327); Dec. 22, 2006 (120 Stat. 3381);
and July 21, 2010 (124 Stat. 2105).]