[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: 32CFR275.13]

[Page 607-608]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 275--OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS: RIGHTS TO FINANCIAL PRIVACY ACT OF 1978--Table of Contents
 
Sec. 275.13  Procedures for releasing information obtained from financial institutions.

    (a) Financial records obtained under 12 U.S.C. 3401 et seq., shall 
be marked:

    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 without prior compliance with the 
transferring requirements of 12 U.S.C. 3412.

    (b) Financial records obtained under the provisions of 12 U.S.C. 
3401 et seq., shall not be transferred to another agency or department 
outside the Department of Defense unless the head of the transferring 
law enforcement office, personnel security element, or delegate 
certifies in writing 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. Such certificates 
shall be maintained with the DoD Component copy of the released records.
    (c) Unless a delay of customer notice has been obtained under 
Sec. 275.12, when financial information is transferred under paragraph 
(b) of this section the law enforcement office or personnel security 
element shall within 14 days, personally serve or mail to the customer, 
at his or her last known address, a copy of the certificate required by 
paragraph (b) of this section, and the following notice:

    Copies of or information contained in your financial records 
lawfully in possession of (name of Component) have been furnished to 
(name of agency) pursuant to the Right to Financial Privacy Act of 1978 
for the following purposes: [state the nature of the law enforcement 
inquiry with reasonable specificity]. 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.

    (d) If a request for release of information is from a federal agency 
authorized to conduct foreign intelligence or foreign 
counterintelligence activities, as defined in E.O. 12036 for purposes of 
conducting such activities, the transferring DoD Component shall release 
the information without notifying the customer, unless permission to 
provide notification is given in writing by the requesting agency.
    (e) Whenever financial data obtained under this part is incorporated 
into a report of investigation or other correspondence, precautions must 
be taken to ensure that:
    (1) The reports or correspondence are not distributed outside the 
Department of Defense except in compliance with paragraphs (b) and (c) 
of this section; and
    (2) The report or correspondence contains an appropriate warning 
restriction on the first page or cover.
    (f) A suggested restrictive legend for use on the first page or 
cover sheet of reports or other correspondence follows:


[[Page 608]]


    Some of the information contained herein (cite specific paragraph) 
is financial record information which was obtained pursuant to the Right 
to 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 
Department of Defense without compliance with the specific requirements 
of 12 U.S.C. 3412.
[45 FR 17576, Mar. 19, 1980, as amended at 46 FR 29706, June 3, 1981. 
Redesignated and amended at 56 FR 57984, Nov. 15, 1991]