[Federal Register: July 21, 2005 (Volume 70, Number 139)]
[Proposed Rules]
[Page 42012-42017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy05-25]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 504
RIN 0702-AA49
Obtaining Information From Financial Institutions
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of the Army proposes to revise its regulation
concerning obtaining information from financial institutions. The
regulation prescribes policies for the Department of the Army to obtain
information on a customer's financial records from financial
institutions.
DATES: Comments submitted to the address below on or before September
19, 2005, will be considered.
ADDRESSES: You may submit comments, identified by 32 CFR Part 504 and
RIN 0702-AA49 in the subject line, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: james.crumley@hqda-aoc.army.pentagon.mil. Include
32 CFR Part 504 and RIN 0702-AA49 in the subject line of the message.
Mail: Headquarters, Department of the Army, Office of the
Provost Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon,
Washington, DC 20310-2800.
FOR FURTHER INFORMATION CONTACT: James Crumley (703) 692-6721.
SUPPLEMENTARY INFORMATION:
A. Background
This rule has previously been published. The Administrative
Procedure Act, as amended by the Freedom of Information Act requires
that certain policies and procedures and other information concerning
the Department of the Army be published in the Federal Register. The
policies and procedures covered by this regulation fall into that
category.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed rule does not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the proposed rule does not
include a mandate that may result in estimated costs to State, local or
tribal governments in the aggregate, or the private sector, of $100
million or more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the proposed rule does
not have an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the proposed rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the proposed rule does not impair private
property rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not a
significant regulatory action. As such, the proposed rule is not
subject to Office of Management and Budget review under section 6(a)(3)
of the Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13045 this proposed rule does not
apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this proposed rule does not
apply because it will not have a substantial effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.
List of Subjects in 32 CFR Part 504
Banks, Banking, Business, Investigations, Law enforcement, Military
law, Privacy.
For reasons stated in the preamble the Department of the Army
proposes to revise part 504 to subchapter A of title 32 to read as
follows:
PART 504--OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS
Sec.
504.1 General.
[[Page 42013]]
504.2 Procedures.
Appendix A to Part 504--Request for Basic Identifying Account Data--
Sample Format
Appendix B to Part 504--Customer Consent and Authorization for
Access--Sample Format
Appendix C to Part 504--Certificate of Compliance with the Right to
Financial Privacy Act of 1978--Sample Format
Appendix D to Part 504--Formal Written Request for Access--Sample
Format
Appendix E to Part 504--Customer Notice of Formal Written Request--
Sample Format
Authority: 12 U.S.C. 3401 et seq., Pub. L. 95-630, unless
otherwise noted.
Sec. 504.1 General.
(a) Purpose. This part provides DA policies, procedures, and
restrictions governing access to and disclosure of financial records
maintained by financial institutions during the conduct of Army
investigations or inquiries.
(b) Applicability and scope. (1) This part applies to the Active
Army, the Army National Guard of the United States (ARNGUS)/Army
National Guard (ARNG), and the Unites States Army Reserve unless
otherwise stated.
(2) The provisions of 12 U.S.C. 3401 et seq. do not govern
obtaining access to financial records maintained by financial
institutions located outside of the territories of the United States,
Puerto Rico, the District of Columbia, Guam, American Samoa, or the
Virgin Islands. The procedures outlined in Sec. 504.2(d)(4) will be
followed in seeking access to financial information from these
facilities.
(3) This part also applies to financial records maintained by
financial institutions as defined in Sec. 504.1(c)(1).
(c) Explanation of terms. (1) For purposes of this part, the
following terms apply:
(i) Financial institution. Any office of a--
(A) Bank.
(B) Savings bank.
(C) Card issuer as defined in section 103 of the Consumers Credit
Protection Act (15 U.S.C. 1602(n)).
(D) Industrial loan company.
(E) Trust company.
(F) Savings association.
(G) Building and loan association.
(H) Homestead association (including cooperative banks).
(I) Credit union.
(J) Consumer finance institution.
(ii) This includes only those offices located in any State or
territory of the United States, or in the District of Columbia, Puerto
Rico, Guam, American Samoa, or the Virgin Islands.
(2) Financial record. An original record, its copy, or information
known to have been derived from the original record held by a financial
institution, pertaining to a customer's relationship with the financial
institution.
(3) Person. An individual or partnership of five or fewer
individuals. (Per DODD 5400.12.)
(4) Customer. Any person or authorized representative of that
person--
(i) Who used or is using any service of a financial institution.
(ii) For which a financial institution is acting or has acted as a
fiduciary for an account maintained in the name of that person.
(5) Law enforcement inquiry. A lawful investigation or official
proceeding inquiring into a violation of, or failure to comply with, a
criminal or civil statute or any regulation, rule, or order issued
pursuant thereto.
(6) Army law enforcement office. Any army element, agency, or unit
authorized to conduct investigations under the Uniform Code of Military
Justice or Army regulations. This broad definition of Army law
enforcement office includes military police, criminal investigation,
inspector general, and military intelligence activities conducting
investigations of suspected violations of law or regulation.
(7) Personnel security investigation. An investigation required to
determine a person's eligibility for access to classified information,
assignment or retention in sensitive duties, or other designated duties
requiring such investigation. Personnel security investigation includes
investigations of subversive affiliations, suitability information, or
hostage situations conducted to make personnel security determinations.
It also includes investigations of allegations that--
(i) Arise after adjudicative action, and
(ii) Require resolution to determine a person's current eligibility
for access to classified information or assignment or retention in a
sensitive position. With DA, the Defense Investigative Service conducts
personnel security investigations.
(d) Policy--(1) Customer consent. It is DA policy to seek customer
consent to obtain a customer's financial records from a financial
institution unless doing so would compromise or harmfully delay a
legitimate law enforcement inquiry. If the person declines to consent
to disclosure, the alternative means of obtaining the records
authorized by this part will be used. (See Sec. 504.2 (c) through
(g).)
(2) Access requests. Except as provided in paragraph (d)(3) of this
section and Sec. Sec. 504.1(f)(1), 504.2(g) and 504.2(j), Army
investigative elements may not have access to or obtain copies of the
information in the financial records of any customer from a financial
institution unless the financial records are reasonably described and
the--
(i) Customer has authorized such disclosure (Sec. 504.2(b));
(ii) Financial records are disclosed in response to a search
warrant which meets the requirements of Sec. 504.2(d);
(iii) Financial records are disclosed in response to a judicial
subpoena which meets the requirements of Sec. 504.2(e); or
(iv) Financial records are disclosed in response to a formal
written request which meets the requirements of Sec. 504.2(f).
(3) Voluntary information. Nothing in this part will preclude any
financial institution, or any officer, employee, or agent of a
financial institution, from notifying an Army investigative element
that such institution, or officer, employee or agent has information
which may be relevant to a possible violation of any statute or
regulation.
(e) Authority. (1) Law enforcement offices are authorized to obtain
records of financial institutions per this part, except as provided in
Sec. 504.2(e).
(2) The head of a law enforcement office of field grade rank or
higher (or an equivalent grade civilian official) is authorized to
initiate requests for such records.
(f) Exceptions and waivers. (1) A law enforcement office may issue
a formal written request for basic identifying account information to a
financial institution as part of a legitimate law enforcement inquiry.
The request may be issued for any or all of the following identifying
data:
(i) Name.
(ii) Address.
(iii) Account number.
(iv) Type of account of any customer or ascertainable group of
customers associated with a financial transaction or class of financial
transactions.
(2) A request for disclosure of the above specified basic
identifying data on a customer's account may be issued without
complying with the customer notice, challenge, or transfer procedures
described in Sec. 504.2. However, if access to the financial records
themselves is required, the procedures in Sec. 504.2 must be followed.
(A sample format for requesting basic identifying account data is in
app. A.)
(3) This part will not apply when financial records are sought by
the Army under the Federal Rules for Civil Procedure, Criminal
Procedure, Rules for Courts-Martial, or other comparable rules of other
courts in connection with litigation to which the Government and the
customer are parties.
[[Page 42014]]
(4) No exceptions or waivers will be granted for those portions of
this part required by law. Submit requests for exceptions or waivers of
other aspects of this part to HQDA OPMG (DAPM-MPD-LE), Washington, DC
20310-2800.
Sec. 504.2 Procedures.
(a) General. A law enforcement official seeking access to a
person's financial records will, when feasible, obtain the customer's
consent. This section also sets forth other authorized procedures for
obtaining financial records if it is not feasible to obtain the
customer's consent. Authorized procedures for obtaining financial
records follow. All communications with a U.S. Attorney or a U.S.
District Court, as required by this part, will be coordinated with the
supporting staff judge advocate before dispatch.
(b) Customer consent. (1) A law enforcement office may gain access
to or a copy of a customer's financial records by obtaining the
customer's consent and authorization in writing. (See app. B to this
part for a sample format.) Any consent obtained under the provisions of
this paragraph must--
(i) Be in writing, signed, and dated.
(ii) Identify the particular financial records being disclosed.
(iii) State that the customer may revoke the consent at any time
before disclosure.
(iv) Specify the purpose of disclosure and to which agency the
records may be disclosed.
(v) Authorize the disclosure for a period not over 3 months.
(vi) Contain a ``Statement of Customer Rights Under the Right to
Financial Privacy Act of 1978'' (12 U.S.C. 3401 et seq.) (app. B).
(2) Any customer's consent not containing all of the elements
listed in paragraph (a) of this section will not be valid.
(3) A copy of the customer's consent will be made a part of the law
enforcement inquiry file.
(4) A certification of compliance with 12 U.S.C. 3401 et seq. (app.
C), along with the customer's consent, will be provided to the
financial institution as a prerequisite to obtaining access to the
financial records.
(c) Administrative summons or subpoena. The Army has no authority
to issue an administrative summons or subpoena for access to financial
records.
(d) Search warrant. (1) A law enforcement office may obtain
financial records by using a search warrant obtained under Rule 41 of
the Federal Rules of Criminal Procedure in appropriate cases.
(2) No later than 90 days after the search warrant is served,
unless a delay of notice is obtained under Sec. 504.2(i), a copy of
the search warrant and the following notice must be mailed to the
customer's last known address:
Records or information concerning your transactions held by the
financial institution named in the attached search warrant were
obtained by this (office/agency/unit) on (date) for the following
purpose: (state purpose). You may have rights under the Right to
Financial Privacy Act of 1978.
(3) Search authorization signed by installation commanders or
military judges will not be used to gain access to financial records
from financial institutions in any State or territory of the United
States.
(4) Access to financial records maintained by military banking
contractors in overseas areas or by other financial institutions
located on DOD installations outside the United States, Puerto Rico,
the District of Columbia, Guam, American Samoa, or the Virgin Islands
is preferably obtained by customer consent.
(i) In cases where it would not be appropriate to obtain this
consent or such consent is refused and the financial institution is not
otherwise willing to provide access to its records, the law enforcement
activity may seek access by use of a search authorization. This
authorization must be prepared and issued per AR 27-10, Military
Justice.
(ii) Information obtained under this paragraph should be properly
identified as financial information. It should be transferred only
where an official need-to-know exists. Failure to do so, however, does
not render the information inadmissible in courts-martial or other
proceedings.
(iii) Law enforcement activities seeking access to financial
records maintained by all other financial institutions overseas will
comply with local foreign statutes or procedures governing such access.
(e) Judicial subpoena. Judicial subpoenas--(1) Are those subpoenas
issued in connection with a pending judicial proceeding.
(2) Include subpoenas issued under Rule for Courts-Martial
703(e)(2) of the Manual for Courts-Martial and Article 46 of the
Uniform Code of Military Justice. The servicing staff judge advocate
will be consulted on the availability and use of judicial subpoenas.
(f) Formal written request. (1) A law enforcement office may
formally request financial records when the records are relevant to a
legitimate law enforcement inquiry. This request may be issued only
if--(i) The customer has declined to consent to the disclosure of his
or her records, or
(ii) Seeking consent from the customer would compromise or
harmfully delay a legitimate law enforcement inquiry.
(2) A formal written request will be in a format set forth in
appendix D of this part and will--
(i) State that the request is issued under the Right to Financial
Privacy Act of 1978 and this part.
(ii) Described the specific records to be examined.
(iii) State that access is sought in connection with a legitimate
law enforcement inquiry.
(iv) Describe the nature of the inquiry.
(v) Be signed by the head of the law enforcement office or a
designee (persons specified in Sec. 504.1(e)(2)).
(3) At the same time or before a formal written request is issued
to a financial institution, a copy of the request will be personally
served upon or mailed to the customer's last known address unless a
delay of customer notice has been obtained under Sec. 504.2(i). The
notice to the customer will be--
(i) In a format similar to appendix E of this part.
(ii) Personally served at least 10 days or mailed at least 14 days
before the date on which access is sought.
(4) The official who signs the customer notice is designated to
receive any challenge from the customer.
(5) The customer will have 10 days to challenge a notice request
when personal service is made, and 14 days when service is by mail.
(6) The head of the law enforcement office initiating the formal
written request will set up procedures to ensure that no access to
financial records is attempted before expiration of the above time
periods--
(i) While awaiting receipt of a potential customer challenge, or
(ii) While awaiting the filing of an application for an injunction
by the customer.
(7) Proper preparation of the formal written request and notice to
the customer requires preparation of motion papers and a statement
suitable for court filing by the customer. Accordingly, the law
enforcement office intending to initiate a formal written request will
coordinate preparation of the request, the notice, motion papers, and
sworn statement with the supporting staff judge advocate. These
documents are required by statute; their preparation cannot be waived.
(8) The supporting staff judge advocate is responsible for liaison
with the proper United States Attorney and United States District
Court. The
[[Page 42015]]
requesting official will coordinate with the supporting staff judge
advocate to determine whether the customer has filed a motion to
prevent disclosure of the financial records within the prescribed time
limits.
(9) The head of the law enforcement office (Sec. 504.2(f)(2)(v))
will certify in writing (see app. C) to the financial institution that
such office has complied with the requirements of 12 U.S.C. 3401 et
seq.--
(i) When a customer fails to file a challenge to access financial
records within the above time periods, or
(ii) When a challenge is adjudicated in favor of the law
enforcement office. No access to any financial records will be made
before such certification is given.
(g) Emergency access. Section 504.2(g)(2)(3) provides for emergency
access in such cases of imminent danger. (No other procedures in this
part apply to such emergency access.)
(1) In some cases, the requesting law enforcement office may
determine that a delay in obtaining access would create an imminent
danger of--
(i) Physical injury to a person,
(ii) Serious property damage, or
(iii) Flight to avoid prosecution.
(2) When emergency access is made to financial records, the
requesting official (Sec. 504.1(e)(2)) will--
(i) Certify in writing (in a format similar to that in app. C) to
the financial institution that the provisions of 12 U.S.C. 3401 et seq.
have been complied with as a prerequisite to obtaining access.
(ii) File with the proper court a signed, sworn statement setting
forth the grounds for the emergency access within 5 days of obtaining
access to financial records.
(3) After filing of the signed, sworn statement, the official who
has obtained access to financial records under this paragraph will as
soon as practicable--
(i) Personally serve or mail to the customer a copy of the request
to the financial institution and the following notice, unless a delay
of notice has been obtained under Sec. 504.2(i):
Records concerning your transactions held by the financial
institution named in the attached request were obtained by (office/
agency/unit) under the Right to Financial Privacy Act of 1978 on
(date) for the following purpose: (state with reasonable detail the
nature of the law enforcement inquiry). Emergency access to such
records was obtained on the grounds that (state grounds).
(ii) Ensure that mailings under this section are by certified or
registered mail to the last known address of the customer.
(h) Release of information obtained from financial institutions--
(1) Records notice. Financial records, to include derived information,
obtained under 12 U.S.C. 3401 et seq. will be marked as follows:
This record was obtained pursuant to the Right to Financial
Privacy Act of 1978, 12 U.S.C. 3401 et seq., and may not be
transferred to another Federal agency or department outside DOD
without prior compliance with the transferring requirements of 12
U.S.C. 3412.
(2) Records transfer. (i) Financial records originally obtained
under this part will not be transferred to another agency or department
outside the DOD unless the transferring law enforcement office
certifies their relevance in writing. Certification will state that
there is reason to believe that the records are relevant to a
legitimate law enforcement inquiry within the jurisdiction of the
receiving agency or department. To support this certification, the
transferring office may require that the requesting agency submit
adequate justification for its request. File a copy of this
certification with a copy of the released records.
(ii) Unless a delay of customer notice has been obtained (Sec.
504.2(i)), the transferring law enforcement office will, within 14
days, personally serve or mail the following to the customer at his or
her last known address--
(A) A copy of the certification made according to Sec.
504.2(h)(2)(i) and
(B) The following notice, which will state the nature of the law
enforcement inquiry with reasonable detail:
Copies of, or information contained in, your financial records
lawfully in possession of the Department of the Army have been
furnished to (state the receiving agency or department) pursuant to
the Right to Financial Privacy Act of 1978 for (state the 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.
(iii) If a request for release of information is from a Federal
agency authorized to conduct foreign intelligence or foreign
counterintelligence activities (Executive Order 12333) and is for
purposes of conducting such activities by these agencies, the
information will be released without notifying the customer, unless
permission to provide notification is given in writing by the
requesting agency.
(iv) Financial information obtained before the effective date of
the Financial Privacy Act of 1978 (March 10, 1979) may continue to be
provided to other agencies according to existing procedures, to include
applicable Privacy Act System Notices published in AR 340-21 series.
(3) Precautionary measures. Whenever financial data obtained under
this part is incorporated into a report of investigation or other
correspondence, precautions must be taken to ensure that--
(i) The report or correspondence is not distributed outside of DOD
except in compliance with paragraph (h)(2)(ii)(B) of this section.
(ii) The report or other correspondence contains the following
warning restriction on the first page or cover:
Some of the information contained herein (cite specific
paragraphs) is financial record information which was obtained
pursuant to the Right to Financial Privacy Act of 1978, 12 U.S.C.
3401 et seq. This information may not be released to another Federal
agency or department outside the DOD without compliance with the
specific requirements of 12 U.S.C. 3412 and AR 190-6.
(i) Delay of customer notice procedures--(1) Length of delay. The
customer notice required by formal written request (Sec. 504.2(f)(3)),
emergency access (Sec. 504.2(g)(3)), and release of information (Sec.
504.2(h)(2)(iii)) may be delayed for successive periods of 90 days. The
notice required for search warrant (Sec. 504.2(d)(2)) may be delayed
for one period of 180 days and successive periods of 90 days.
(2) Conditions for delay. A delay of notice may only be made by an
order of an appropriate court. This will be done when not granting a
delay in serving the notice would result in--
(i) Endangering the life or physical safety of any person.
(ii) Flight from prosecution.
(iii) Destruction of or tampering with evidence.
(iv) Intimidation of potential witnesses.
(v) Otherwise seriously jeopardizing an investigation or official
proceeding or unduly delaying a trial or ongoing official proceeding to
the same degree as the circumstances in Sec. 504.2(i)(2)(i) through
(iv).
(3) Coordination. When a delay of notice is appropriate, the law
enforcement office involved will consult with the supporting staff
judge advocate before attempting to obtain such a delay. Applications
for delay of notice should contain reasonable detail.
(4) After delay expiration. Upon the expiration of a delay of
notice under above and required by--
(i) Section 504.2(d)(2), the law enforcement office obtaining
financial records will mail to the customer a copy
[[Page 42016]]
of the search warrant and the following notice.
Records or information concerning your transactions held by the
financial institution named in the attached search warrant were
obtained by this (agency or office) on (date). Notification was
delayed beyond the statutory 180-day delay period pursuant to a
determination by the court that such notice would seriously
jeopardize an investigation concerning (state with reasonable
detail). You may have rights under the Right to Financial Privacy
Act of 1978.
(ii) Section 504.2(f)(3), the law enforcement office obtaining
financial records will serve personally or mail to the customer a copy
of the process or request and the following notice:
Records or information concerning your transactions which are
held by the financial institution named in the attached process or
request were supplied to or requested by the Government authority
named in the process or request on (date). Notification was withheld
pursuant to a determination by the (title of the court so ordering)
under the Right to Financial Privacy Act of 1978 that such notice
might (state reason). The purpose of the investigation or official
proceeding was (state purpose with reasonable detail).
(iii) Section 504.2(g)(3), the law enforcement office obtaining
financial records will serve personally or mail to the customer a copy
of the request and the notice required by Sec. 504.2(g)(3).
(iv) Section 504.2(h)(2), the law enforcement office transferring
financial records will serve personally or mail to the customer the
notice required by Sec. 504.2(f)(3). If the law enforcement office was
responsible for obtaining the court order authorizing the delay, such
office shall also serve personally or by mail to the customer the
notice required in Sec. 504.2(f)(3).
(j) Foreign intelligence and foreign counterintelligence
activities. (1) Except as indicated below, nothing in this regulation
applies to requests for financial information in connection with
authorized foreign intelligence and foreign counterintelligence
activities as defined in Executive Order 12333. Appropriate foreign
intelligence and counterintelligence directives should be consulted in
these instances.
(2) However, to comply with the Financial Privacy Act of 1978, the
following guidance will be followed for such requests. When a request
for financial records is made--
(i) A military intelligence group commander, the chief of an
investigative control office, or the Commanding General (CG) (or Deputy
CG), U.S. Army Intelligence and Security Command, will certify to the
financial institution that the requesting activity has complied with
the provisions of 12 U.S.C. 3403(b).
(ii) The requesting official will notify the financial institution
from which records are sought that 12 U.S.C. 3414(a)(3) prohibits
disclosure to any person by the institution, its agents, or employees
that financial records have been sought or obtained.
(k) Certification. A certificate of compliance with the Right to
Financial Privacy Act of 1978 (app. C) will be provided to the
financial institution as a prerequisite to obtaining access to
financial records under the following access procedures:
(1) Customer consent (Sec. 504.2(b)).
(2) Search warrant (Sec. 504.2(d)).
(3) Judicial subpoena (Sec. 504.2(e)).
(4) Formal written request (Sec. 504.2(f)).
(5) Emergency access (Sec. 504.2(g)).
(6) Foreign intelligence and foreign counterintelligence activities
(Sec. 504.2(j)).
Appendix A to Part 504--Request for Basic Identifying Account Data--
Sample Format
(Official Letterhead)
(Date) --------
Mr./Mrs. --------
,Chief Teller (as appropriate), First National Bank, Little Rock, AR
72203.
Dear Mr./Mrs.--------: In connection with a legitimate law
enforcement inquiry and pursuant to section 3414 of the Right to
Financial Privacy Act of 1978, section 3401 et seq., Title 12,
United States Code, you are requested to provide the following
account information: (name, address, account number, and type of
account of any customer or ascertainable group of customers
associated with a certain financial transaction or class of
financial transactions as set forth in Sec. 504.1(f)).
I hereby certify, pursuant to section 3403(b) of the Right to
Financial Privacy Act of 1978, that the provisions of the Act have
been complied with as to this request for account information.
(Official Signature Block) --------
Under section 3417(c) of the Act, good faith reliance upon this
certification relieves your institution and its employees and agents
of any possible liability to the subject in connection with the
disclosure of the requested financial records.
Appendix B to Part 504--Customer Consent and Authorization for Access--
Sample Format
Pursuant to section 3404(a) of the Right to Financial Privacy
Act of 1978, I, (name of customer), having read the explanation of
my rights on the reverse side, hereby authorize the (name and
address of financial institution) to disclose these financial
records: (list of particular financial records) to(Army law
enforcement office) for the following purpose(s): (specify the
purpose(s)).
I understand that this authorization may be revoked by me in
writing at any time before my records, as described above, are
disclosed, and that this authorization is valid for no more than 3
months from the date of my signature.
Date: --------
Signature: --------
(Typed name)
(Mailing address of customer)
Statement of Customer Rights Under the Right to Financial Privacy Act
of 1978
Federal law protects the privacy of your financial records.
Before banks, savings and loan associations, credit unions, credit
card issuers, or other financial institutions may give financial
information about you to a Federal agency, certain procedures must
be followed.
Consent to Financial Records
You may be asked to consent to the financial institution making
your financial records available to the Government. You may withhold
your consent, and your consent is not required as a condition of
doing business with any financial institution. If you give your
consent, it can be revoked in writing at any time before your
records are disclosed. Furthermore, any consent you give is
effective for only 3 months and your financial institution must keep
a record of the instances in which it discloses your financial
information.
Without Your Consent
Without your consent, a Federal agency that wants to see your
financial records may do so ordinarily only by means of a lawful
subpoena, summons, formal written request, or search warrant for
that purpose. Generally, the Federal agency must give you advance
notice of its request for your records explaining why the
information is being sought and telling you how to object in court.
The Federal agency must also send you copies of court documents to
be prepared by you with instructions for filling them out. While
these procedures will be kept as simple as possible, you may want to
consult an attorney before making a challenge to a Federal agency's
request.
Exceptions
In some circumstances, a Federal agency may obtain financial
information about you without advance notice or your consent. In
most of these cases, the Federal agency will be required to go to
court for permission to obtain your records without giving you
notice beforehand. In these instances, the court will make the
Government show that its investigation and request for your records
are proper. When the reason for the delay of notice no longer
exists, you will usually be notified that your records were
obtained.
Transfer of Information
Generally, a Federal agency that obtains your financial records
is prohibited from transferring them to another Federal agency
unless it certifies in writing the transfer is proper and sends a
notice to you that your records have been sent to another agency.
[[Page 42017]]
Penalties
If the Federal agency or financial institution violates the
Right to Financial Privacy Act, you may sue for damages or seek
compliance with the law. If you win, you may be repaid your
attorney's fee and costs.
Additional Information
If you have any questions about your rights under this law, or
about how to consent to release your financial records, please call
the official whose name and telephone number appears below:
-----------------------------------------------------------------------
(Last Name, First Name, Middle Initial)
-----------------------------------------------------------------------
Title (Area Code) (Telephone Number)
-----------------------------------------------------------------------
(Component activity, address)
Appendix C to Part 504--Certificate of Compliance With the Right to
Financial Privacy Act of 1978--Sample Format
(Official Letterhead)
Mr./Mrs. --------,
Manager, Army Federal Credit Union, Fort Ord, CA 93941.
Dear Mr./Mrs. --------: I certify, pursuant to section 3403(b)
of the Right to Financial Privacy Act of 1978, section 3401 et seq.,
Title 12, United States Code, that the applicable provisions of that
statute have been complied with as to the (customer's consent,
search warrant or judicial subpoena, formal written request,
emergency access, as applicable) presented on (date), for the
following financial records of (customer's name):
-----------------------------------------------------------------------
(Describe the specific records)
(Official Signature Block) --------
Pursuant to section 3417(c) of the Right to Financial Privacy
Act of 1978, good faith reliance upon this certificate relieves your
institution and its employees and agents of any possible liability
to the customer in connection with the disclosure of these financial
records.
Appendix D to Part 504--Formal Written Request for Access--Sample
Format
(Official Letterhead)
(Date) --------
Mr./Mrs. --------
,President (as appropriate), City National Bank and Trust Company,
Altoona, PA 16602.
Dear Mr./Mrs. --------: In connection with a legitimate law
enforcement inquiry and pursuant to section 3402(5) and section 3408
of the Right to Financial Privacy Act of 1978, section 3401 et seq.,
Title 12, United States Code, and Army Regulation 190-6, you are
requested to provide the following account information pertaining to
(identify customer);
-----------------------------------------------------------------------
(Describe the specific records to be examined)
The Army has no authority to issue an administrative summons or
subpoena for access to these financial records which are required
for (describe the nature or purpose of the inquiry).
A copy of this request was (personally served upon or mailed to)
the subject on (date) who has (10 or 14) days in which to challenge
this request by filing an application in an appropriate United
States district court if the subject desires to do so.
Upon expiration of the above mentioned time period and in the
absence of any filing or challenge by the subject, you will be
furnished a certification certifying in writing that the applicable
provisions of the Act have been complied with prior to obtaining the
requested records. Upon your receipt of a Certificate of Compliance
with the Right to Financial Privacy Act of 1978, you will be
relieved of any possible liability to the subject in connection with
the disclosure of the requested financial records.
(Official Signature Block) --------
Appendix E to Part 504--Customer Notice of Formal Written Request--
Sample Format
(Official Letterhead)
(Date) --------
Mr./Ms--------
,1500 N. Main Street, Washington, DC 20314.
Dear Mr./Ms. --------: Information or records concerning your
transactions held by the financial institution named in the attached
request are being sought by the (agency/department) in accordance
with the Right to Financial Privacy Act of 1978, section 3401 et
seq., Title 12, United States Code, and Army Regulation 190-6, for
the following purpose(s):
-----------------------------------------------------------------------
(List the purpose(s))
If you desire that such records or information not be made
available, you must do the following:
a. Fill out the accompanying motion paper and sworn statement or
write one of your own--
(1) Stating that you are the customer whose records are being
requested by the Government.
(2) Giving the reasons you believe that the records are not
relevant or any other legal basis for objecting to the release of
the records.
b. File the motion and statement by mailing or delivering them
to the clerk of any one of the following United States District
Courts:
-----------------------------------------------------------------------
(List applicable courts)
c. Mail or deliver a copy of your motion and statement to the
requesting authority:
(give title and address).
d. Be prepared to come to court and present your position in
further detail.
You do not need to have a lawyer, although you may wish to
employ one to represent you and protect your rights.
If you do not follow the above procedures, upon the expiration
of (10 days from the date of personal service) (14 days from the
date of mailing) of this notice, the records or information
requested therein may be made available.
These records may be transferred to other Government authorities
for legitimate law enforcement inquiries, in which event you will be
notified after the transfer if such transfer is made.
3 Enclosures (see para)----
(Signature) --------
[FR Doc. 05-14212 Filed 7-20-05; 8:45 am]
BILLING CODE 3710-08-P