Laws: Cases and Codes : U.S. Code : Title 12
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U.S. Code as of:
01/19/04
Chapter 35 - Notes
Sec.
3401. Definitions.
3402. Access to financial records by Government authorities
prohibited; exceptions.
3403. Confidentiality of financial records.
(a) Release of records by financial institutions
prohibited.
(b) Release of records upon certification of
compliance with chapter.
(c) Notification to Government authority of
existence of relevant information in records.
(d) Release of records as incident to perfection of
security interest, proving a claim in
bankruptcy, collecting a debt, or processing
an application with regard to a Government
loan, loan guarantee, etc.
3404. Customer authorizations.
(a) Statement furnished by customer to financial
institution and Government authority;
contents.
(b) Authorization as condition of doing business
prohibited.
(c) Right of customer to access to financial
institution's record of disclosures.
3405. Administrative subpena and summons.
3406. Search warrants.
(a) Applicability of Federal Rules of Criminal
Procedure.
(b) Mailing of copy and notice to customer.
(c) Court-ordered delays in mailing.
3407. Judicial subpena.
3408. Formal written request.
3409. Delayed notice.
(a) Application by Government authority; findings.
(b) Grant of delay order; duration and
specifications; extensions; copy of request
and notice to customer.
(c) Notice requirement respecting emergency access
to financial records.
(d) Preservation of memorandums, affidavits, or
other papers.
3410. Customer challenges.
(a) Filing of motion to quash or application to
enjoin; proper court; contents.
(b) Filing of response; additional proceedings.
(c) Decision of court.
(d) Appeals.
(e) Sole judicial remedy available to customer.
(f) Affect on challenges by financial institutions.
3411. Duty of financial institutions.
3412. Use of information.
(a) Transfer of financial records to other agencies
or departments; certification.
(b) Mailing of copy of certification and notice to
customer.
(c) Court-ordered delays in mailing.
(d) Exchanges of examination reports by supervisory
agencies; transfer of financial records to
defend customer action; withholding of
information.
(e) Exchange of records, reports, or other
information.
(f) Transfer to Attorney General or Secretary of
the Treasury.
3413. Exceptions.
(a) Disclosure of financial records not identified
with particular customers.
(b) Disclosure to, or examination by, supervisory
agency pursuant to exercise of supervisory,
regulatory, or monetary functions with respect
to financial institutions, holding companies,
subsidiaries, institution-affiliated parties,
or other persons.
(c) Disclosure pursuant to title 26.
(d) Disclosure pursuant to Federal statute or rule
promulgated thereunder.
(e) Disclosure pursuant to Federal Rules of
Criminal Procedure or comparable rules of
other courts.
(f) Disclosure pursuant to administrative subpena
issued by administrative law judge.
(g) Disclosure pursuant to legitimate law
enforcement inquiry respecting name, address,
account number, and type of account of
particular customers.
(h) Disclosure pursuant to lawful proceeding,
investigation, etc., directed at financial
institution or legal entity or consideration
or administration respecting Government loans,
loan guarantees, etc.
(i) Disclosure pursuant to issuance of subpena or
court order respecting grand jury proceeding.
(j) Disclosure pursuant to proceeding,
investigation, etc., instituted by General
Accounting Office and directed at a government
authority.
(k) Disclosure necessary for proper administration
of programs of withholding taxes on
nonresident aliens, Federal Old-Age,
Survivors, and Disability Insurance Benefits,
and Railroad Retirement Act Benefits.
(l) Crimes against financial institutions by
insiders.
(m) Disclosure to, or examination by, employees or
agents of Board of Governors of Federal
Reserve System or Federal Reserve Bank.
(n) Disclosure to, or examination by, Resolution
Trust Corporation or its employees or agents.
(o) Disclosure to, or examination by, Federal
Housing Finance Board or Federal home loan
banks.
(p) Access to information necessary for
administration of certain veteran benefits
laws.
(q) Disclosure pursuant to Federal
contractor-issued travel charge card.
3414. Special procedures.
(a) Access to financial records for certain
intelligence and protective purposes.
(b) Emergency access to financial records.
(d) Definition of "financial institution".
3415. Cost reimbursement.
3416. Jurisdiction.
3417. Civil penalties.
(a) Liability of agencies or departments of United
States or financial institutions.
(b) Disciplinary action for willful or intentional
violation of chapter by agents or employees of
department or agency.
(c) Good faith defense.
(d) Exclusive judicial remedies and sanctions.
3418. Injunctive relief.
3419. Suspension of limitations.
3420. Grand jury information; notification of certain
persons prohibited.
3421. Repealed.
3422. Applicability to Securities and Exchange Commission.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 15 sections 78u, 78x, 6802;
title 31 section 310; title 38 section 5319; title 42 section 1383;
title 50 section 436.
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