Page:United States Statutes at Large Volume 92 Part 3.djvu/1074

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3706

PUBLIC LAW 95-630—NOV. 10, 1978 authority to defend an action brought by the customer. Nothing in this title shall authorize the withholding of information by any officer or employee of a supervisory agency from a duly authorized committee or subcommittee of the Congress. EXCEPTIONS

12 USC 3413.

SEC. 1113. (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) Nothing in this title prohibits examination by or disclosure to any supervisory agency of financial records or information in the exercise of its supervisory, regulatory, or monetary functions with respect to a financial institution. (c) Nothing in this title prohibits the disclosure of financial records in accordance with procedures authorized by the Internal Revenue 26 USC 1 et seq. Code. (d) Nothing in this title shall authorize the withholding of financial records or information recjuired 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. (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 enforcement 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 Pow50 USC 1701 ers Act (title II, Public Law 95-223); or section 5 of the United »ot«Nations Participation Act (22 U.S.C. 287(c)). (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 the financial institution in possession of such records 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. Certification. (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 subse-