[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR275.12]

[Page 606-607]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 275--OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS: RIGHTS TO FINANCIAL PRIVACY ACT OF 1978--Table of Contents
 
Sec. 275.12  Procedures for delay of notice.

    (a) The customer notice required by Sec. 275.9(b)(3), 
Sec. 275.11(c), or Sec. 275.13(c) may be delayed for successive periods 
of 90 days. The notice required by paragraph (a)(2)(ii) of this section 
may be delayed for one period of 180 days and successive periods of 90 
days. A delay of notice may only be granted by a court of competent 
jurisdiction and only when not serving the notice would result in:
    (1) Endangering the life or physical safety of any person.
    (2) Flight from prosecution.
    (3) Destruction of or tampering with evidence.
    (4) Intimidation of potential witnesses.
    (5) 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 paragraphs (a)(1) through (4) of 
this section.
    (b) When a delay of notice is appropriate, legal counsel shall be 
consulted to obtain such a delay. Application for delays of notice shall 
be made with reasonable specificity.
    (c) Upon the expiration of a delay obtained under paragraph (a) of 
this section, of a notice required by:
    (1) Section 275.9(a)(2)(ii), the law enforcement office obtaining 
such records shall mail to the customer a copy 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

[[Page 607]]

were obtained by this [agency or department] on [date]. Notification was 
delayed beyond the statutory 90-day delay period pursuant to a 
determination by the court that such notice would seriously jeopardize 
an investigation concerning [state with reasonable specificity]. You may 
have rights under the Right to Financial Privacy Act of 1978.

    (2) Section 275.9(b)(3), the law enforcement office obtaining such 
records shall serve personally or mail to the customer a copy of the 
process or request and the following notice:

    Records of 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 specificity].

    (3) Section 275.11(c), the law enforcement office obtaining 
financial records shall serve personally or mail to the customer a copy 
of the request and the notice required by Sec. 275.11(c).
    (4) Section 275.13(c), the law enforcement office or personnel 
security element transferring such records shall serve personally or 
mail to the customer the notice required by Sec. 275.13(c).
    (d) The annual reporting requirements of Sec. 275.14 shall apply to 
any request for access under the delay of notice.
[45 FR 17576, Mar. 19, 1980. Redesignated and amended at 56 FR 57984, 
Nov. 15, 1991]