(a) Nothing in this title prohibits
the disclosure of any financial records or information which is not
identified with or identifiable as being derived from the financial
records of a particular customer.
(b) This chapter
shall not apply to the examination by or disclosure to any supervisory
agency of financial records or information in the exercise of its
supervisory, regulatory, or monetary functions, including conservatorship
or receivership functions, with respect to any financial institution,
holding company, subsidiary of a financial institution or holding
company, institution-affiliated party (within the meaning of section
3(u) of the Federal Deposit Insurance Act) with respect to a financial
institution, holding company, or subsidiary, or other person participating
in the conduct of the affairs thereof.
(c) Nothing
in this title prohibits the disclosure of financial records in accordance
withprocedures authorized by the Internal Revenue Code.
(d) Nothing in this title shall authorize the withholding
of financial records or information required to be reported in accordance
with any Federal statute or rule promulgated thereunder.
(e) Nothing in this title shall apply when financial records
are 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.
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(f) Nothing in this title shall apply when financial
records are sought by a Government authority pursuant to an administrative
subpena issued by an administrative law judge in an adjudicatory proceeding
subject to section 554 of title 5, United States Code, and to which
the Government authority and the customer are parties.
(g) The notice requirements of this title and sections
1110 and 1112 shall not apply when a Government authority by a means
described in section 1102 and for a legitimate law en- forcement inquiry
is seeking only the name, address, account number, and type of account
of any customer or ascertainable group of customers associated (1)
with a financial transaction or class of financial transactions, or
(2) with a foreign country or subdivision thereof in the case of a
Government authority exercising financial controls over foreign accounts
in the United States under section 5(b) of the Trading with the Enemy
Act (50 U.S.C. App. 5(b)); the International Emergency Economic Powers
Act (title II, Public Law 95-223); or section 5 of the United Nations
Participation Act (22 U.S.C. 287(c)).
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(h) (1) Nothing in this title (except
sections 1103, 1117 and 1118) shall apply when financial
records are sought by a Government authority—
(A) in
connection with a lawful proceeding, investigation, examination, or
inspection directed at a financial institution (whether or not such
proceeding, investigation, examination, or inspection is also directed
at a customer) or at a legal entity which is not a customer; or
(B) in connection
with the authority’s consideration or administration of assistance
to the customer in the form of a Government loan, loan guaranty, or
loan insurance program.
(2) When financial records are sought pursuant
to this subsection, the Government authority shall submit to the financial
institution the certificate required by section 1103(b). For access
pursuant to paragraph (1)(B), no further certification shall be required
for subsequent access by the certifying Government authority during
the term of the loan, loan guaranty, or loan insurance agreement.
(3) After the effective
date of this title, whenever a customer applies for participation
in a Government loan, loan guaranty, or loan insurance program, the
Government authority administering such program shall give the customer
written notice of the authority’s access rights under this subsection.
No further notification shall be required for subsequent access by
that authority during the term of the loan, loan guaranty, or loan
insurance agreement.
(4) Financial records obtained pursuant to this subsection may be
used only for the purpose for which they were originally obtained,
and may be transferred to another agency or department only when the
transfer is to facilitate a lawful proceeding, investigation, examination,
or inspection directed at a financial institution (whether or not
such proceeding, investigation, examination, or inspection is also
directed at a customer), or at a legal entity which is not a customer,
except that—
(A) nothing in this paragraph prohibits
the use or transfer of a customer’s financial records needed by counsel
representing a Government authority in a civil action arising from
a Government loan, loan guaranty, or loan insurance agreement; and
(B) nothing in this
paragraph prohibits a Government authority providing assistance to
a customer in the form of a loan, loan guaranty, or loan insurance
agreement from using or transferring financial records necessary to
process, service or foreclose a loan, or to collect on an indebtedness
to the Government resulting from a customer’s default.
(5) Notification that financial
records obtained pursuant to this subsection may relate to a potential
civil, criminal, or regulatory violation by a customer may be given
to an agency or department with jurisdiction over that violation,
and such agency or department may then seek access to the records
pursuant to the provisions of this title.
(6) Each financial institution shall keep
a notation of each disclosure made pursuant to paragraph (1)(B) of
this subsection, including the date of such disclosure and the Government
authority to which it was made. The customer shall be entitled to
inspect this information.
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(i) Nothing in
this title (except sections 1115 and 1120) shall apply to any subpena
or court order issued in connection with proceedings before a grand
jury, except that a court shall have authority to order a financial
institution, on which a grand jury subpoena for customer records has
been served, not to notify the customer of the existence of the subpoena
or information that has been furnished to the grand jury, under the
circumstances and for the period specified and pursuant to the procedures
established in section 1109 of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3409).
(j) This title shall
not apply when financial records are sought by the General Accounting
Office pursuant to an authorized proceeding, investigation, examination
or audit directed at a government authority.
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(k) (1) Nothing in this title shall
apply to the disclosure by the financial institution of the name and
address of any customer to the Department of the Treasury, the Social
Security Administration, or the Railroad Retirement Board, where the
disclosure of such information is necessary to, and such information
is used solely for the purpose of, the proper administration of section
1441 of the Internal Revenue Code of 1954, title II of the Social
Security Act, or the Railroad Retirement Act of 1974.
(2) Nothing in this title
shall apply to the disclosure by the financial institution of information
contained in the financial records of any customer to any Government
authority that certifies, disburses, or collects payments, where the
disclosure of such information is necessary to, and such information
is used solely for the purpose of—
(A) verification of the
identity of any person or proper routing and delivery of funds in
connection with the issuance of a Federal payment or collection of
funds by a Government authority; or
(B) the investigation or recovery of
an improper Federal payment or collection of funds or an improperly
negotiated Treasury check.
(3) Notwithstanding any other provision
of law, a request authorized by paragraph (1) or (2) (and the information
contained therein) may be used by the financial institution or its
agents solely for the purpose of providing information contained in
the financial records of the customer to the Government authority
requesting the information, and the financial institution and its
agents shall be barred from redisclosure of such information. Any
Government authority receiving information pursuant to paragraph (1)
or (2) may not disclose or use the information, except for the purposes
set forth in such paragraph.
6-1775.2
(l)
Nothing in this title shall apply when any financial institution or
supervisory agency provides any financial record of any officer, director,
employee, or controlling shareholder (within the meaning of subparagraph
(A) or (B) of section 2(a)(2) of the Bank Holding Company Act of 1956
or subparagraph (A) or (B) of section 408(a)(2) of the National Housing
Act) of such institution, or of any major borrower from such institution
who there is reason to believe may be acting in concert with any such
officer, director, employee, or controlling shareholder, to the Attorney
General of the United States, to a State law enforcement agency, or,
in the case of a possible violation of subchapter II of chapter 53
of title 31, United States Code, to the Secretary of the Treasury
if there is reason to believe that such record is relevant to a possible
violation by such person of—
(1) any law relating to crimes against
financial institutions or supervisory agencies by directors, officers,
employees, or controlling shareholders of, or by borrowers from, financial
institutions; or
(2)
any provision of subchapter II of chapter 53 of title 31, United States
Code or of section 1956 or 1957 of title 18, United States Code.
No supervisory agency which transfers any
such record under this subsection shall be deemed to have waived any
privilege applicable to that record under law.
6-1775.3
(m) This title shall not apply to the examination by or disclosure
to employees or agents of the Board of Governors of the Federal Reserve
System or any Federal Reserve Bank of financial records or information
in the exercise of the Federal Reserve System’s authority to extend
credit to the financial institutions or others.
(n) This title shall not apply to the examination by or disclosure
to the Resolution Trust Corporation or its employees or agents of
financial records or information in the exercise of its conservatorship,
receivership, or liquidation functions with respect to a financial
institution.
6-1775.4
(o) This title shall not apply to the examination by
or disclosure to the Federal Housing Finance Agency or any of the
Federal home loan banks of financial records or information in the
exercise of the Federal Housing Finance Agency’s authority to extend
credit (either directly or through a Federal home loan bank) to financial
institutions or others.
(p) (1) Nothing in this title shall
apply to the disclosure by the financial institution of the name and
address of any customer to the Department of Veterans Affairs where
the disclosure of such information is necessary to, and such information
is used solely for the purposes of, the proper administration of benefits
programs under laws administered by the Secretary.
(2) Notwithstanding any other provision
of law, any request authorized by paragraph (1) (and the information
contained therein) may be used by the financial institution or its
agents solely for the purpose of providing the customer’s name and
address to the Department of Veterans Affairs and shall be barred
from redisclosure by the financial institution or its agents.
(q) Nothing in this title shall apply to the disclosure
of any financial record or information to a Government authority in
conjunction with a Federal contractor-issued travel charge card issued
for official Government travel.
(r) Nothing in
this title shall apply to the examination by or disclosure to the
Bureau of Consumer Financial Protection of financial records or information
in the exercise of its authority with respect to a financial institution.
[12 USC 3413.
As amended by acts of April 20, 1983 (97 Stat. 83); Oct. 27, 1986
(100 Stat. 3207-22); Nov. 18, 1988 (102 Stat. 4358); Aug. 9, 1989
(103 Stat. 497); Nov. 29, 1990 (104 Stat. 4791); Dec. 19, 1991 (105
Stat. 2375); Oct. 29, 1992 (106 Stat. 4342); Oct. 19, 1998 (112 Stat.
2351); May 22, 2008 (122 Stat. 1459); July 30, 2008 (122 Stat. 2792);
and July 21, 2010 (124 Stat. 2105).]