12 USC Ch. 35: Front Matter
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12 USC Ch. 35: Front Matter
From Title 12-BANKS AND BANKINGCHAPTER 35-RIGHT TO FINANCIAL PRIVACY

CHAPTER 35-RIGHT TO FINANCIAL PRIVACY

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.
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.

        

Chapter Referred to in Other Sections

This chapter is referred to in title 15 sections 78u, 78x; title 38 section 5319; title 50 section 436.