|
27 June 1999
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 12USC3414]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 3414. Special procedures
(a)(1) Nothing in this chapter (except sections 3415, 3417, 3418,
and 3421 \1\ of this title) shall apply to the production and disclosure
of financial records pursuant to requests from--
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(A) a Government authority authorized to conduct foreign
counter- or foreign positive-intelligence activities for purposes of
conducting such activities; or
(B) the Secret Service for the purpose of conducting its
protective functions (18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90-
331, as amended).
(2) In the instances specified in paragraph (1), the Government
authority shall submit to the financial institution the certificate
required in section 3403(b) of this title signed by a supervisory
official of a rank designated by the head of the Government authority.
(3) No financial institution, or officer, employee, or agent of such
institution, shall disclose to any person that a Government authority
described in paragraph (1) has sought or obtained access to a customer's
financial records.
(4) The Government authority specified in paragraph (1) shall
compile an annual tabulation of the occasions in which this section was
used.
(5)(A) Financial institutions, and officers, employees, and agents
thereof, shall comply with a request for a customer's or entity's
financial records made pursuant to this subsection by the Federal Bureau
of Investigation when the Director of the Federal Bureau of
Investigation (or the Director's designee) certifies in writing to the
financial institution that such records are sought for foreign
counterintelligence purposes and that there are specific and articulable
facts giving reason to believe that the customer or entity whose records
are sought is a foreign power or an agent of a foreign power as defined
in section 1801 of title 50.
(B) The Federal Bureau of Investigation may disseminate information
obtained pursuant to this paragraph only as provided in guidelines
approved by the Attorney General for foreign intelligence collection and
foreign counterintelligence investigations conducted by the Federal
Bureau of Investigation, and, with respect to dissemination to an agency
of the United States, only if such information is clearly relevant to
the authorized responsibilities of such agency.
(C) On a semiannual basis the Attorney General shall fully inform
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
concerning all requests made pursuant to this paragraph.
(D) No financial institution, or officer, employee, or agent of such
institution, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to a customer's or entity's
financial records under this paragraph.
(b)(1) Nothing in this chapter shall prohibit a Government authority
from obtaining financial records from a financial institution if the
Government authority determines that delay in obtaining access to such
records would create imminent danger of--
(A) physical injury to any person;
(B) serious property damage; or
(C) flight to avoid prosecution.
(2) In the instances specified in paragraph (1), the Government
shall submit to the financial institution the certificate required in
section 3403(b) of this title signed by a supervisory official of a rank
designated by the head of the Government authority.
(3) Within five days of obtaining access to financial records under
this subsection, the Government authority shall file with the
appropriate court a signed, sworn statement of a supervisory official of
a rank designated by the head of the Government authority setting forth
the grounds for the emergency access. The Government authority shall
thereafter comply with the notice provisions of section 3409(c) of this
title.
(4) The Government authority specified in paragraph (1) shall
compile an annual tabulation of the occasions in which this section was
used.
(Pub. L. 95-630, title XI, Sec. 1114, Nov. 10, 1978, 92 Stat. 3707; Pub.
L. 97-320, title IV, Sec. 432(b), Oct. 15, 1982, 96 Stat. 1527; Pub. L.
99-569, title IV, Sec. 404, Oct. 27, 1986, 100 Stat. 3197.)
References in Text
Section 3421 of this title, referred to in subsec. (a)(1), was
repealed by Pub. L. 104-66, title III, Sec. 3001(d), Dec. 21, 1995, 109
Stat. 734.
Public Law 90-331, as amended, referred to in subsec. (a)(1)(B), is
Pub. L. 90-331, June 6, 1968, 82 Stat. 170, as amended, which is set out
as a note under section 3056 of Title 18, Crimes and Criminal Procedure.
Amendments
1986--Subsec. (a)(5). Pub. L. 99-569 added par. (5).
1982--Subsec. (b)(2). Pub. L. 97-320 struck out ``of'' after
``financial institution''.
Section Referred to in Other Sections
This section is referred to in sections 3402, 3409 of this title.