A financial institution is not
entitled to reimbursement under this subpart for costs incurred in
assembling or providing financial records or information related to:
(a) Security interests,
bankruptcy claims, debt collection. Any financial records provided
as an incident to perfecting a security interest, proving a claim
in bankruptcy, or otherwise collecting on a debt owing either to the
financial institution itself or in its role as a fiduciary.
(b) Government loan programs. Financial records that are necessary to permit the appropriate government
authority to carry out its responsibilities under a government loan,
loan guaranty, or loan insurance program.
(c) Nonidentifiable information. Financial
records that are not identified with or identifiable as being derived
from the financial records of a particular customer.
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(d) Financial supervisory agencies. Financial records disclosed to a financial supervisory agency in
the exercise of its supervisory, regulatory, or monetary functions
with respect to a financial institution.
(e) Internal Revenue summons. Financial records
disclosed in accordance with procedures authorized by the Internal
Revenue Code.
(f) Federally
required reports. Financial records required to be reported in
accordance with any federal statute or rule promulgated thereunder.
(g) Government civil or
criminal litigation. Financial records sought by a government
authority under the Federal Rules of Civil or Criminal Procedure or
comparable rules of other courts in connection with litigation to
which the government authority and the customer are parties.
(h) Administrative agency subpoenas. Financial records sought by a government authority pursuant to an
administrative subpoena issued by an administrative law judge in an
adjudicatory proceeding subject to 5 USC 554, and to which the government
authority and the customer are parties.
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(i) Investigation of financial institution or its
noncustomer. Financial records sought by a government authority
in connection with a lawful proceeding, investigation, examination,
or inspection directed at the financial institution in possession
of such records, or at an entity that is not a customer as
defined in section 219.2 of this part.
(j) General Accounting Office
requests. Financial records sought by the General Accounting
Office pursuant to an authorized proceeding, investigation, examination,
or audit directed at a government authority.
(k) Federal Housing Finance Board requests. Financial records or information sought by the Federal Housing Finance
Board (FHFB) or any of the Federal Home Loan Banks in the exercise
of the FHFB’s authority to extend credit to financial institutions
or others.
(l) Department of Veterans Affairs. The disclosure of the name and
address of any customer to the Department of Veterans Affairs where
such disclosure is necessary to, and used solely for, the proper administration
of benefits programs under laws administered by that department.
