RIGHT TO FINANCIAL PRIVACY ACT OF 1978' - TITLE XI OF H.R. 14279, THE 'FINANCIAL INSTITUTION REGULATORY AND INTEREST RATE CONTROL ACT OF 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700080050-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: July 20, 2005
• Sequence Number: 50
• Publication Date: November 3, 1978
• Content Type: MFR

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COPY
de.e T9-3337
MEMORANDUM FOR THE RECORD
3 November 1978
SUBJECT: "Right to Financial Privacy Act of 1978" - Title XI of
H.R. 14279, the "Financial Institution Regulatory and
Interest Rate Control Act of 1978"
1. The Office of Legislative Counsel is in the process of reviewing
the impact of legislation enacted in the 95th Congress on the CIA and
other "Intelligence Community" agencies and depaitments. Subject legisla-
tion has been reviewed; what follows is a brief overview of the legis-
lation.
2. Title XI, the "Right to Financial Privacy Act of 1978":
-- establishes guidelines and notice requirements
by and under which any "Government authority' may have
access to or obtain copies of or the information contained
in the 'financial records' of any 'customer' from a
'financial institution'...";
-- establishes the means by which the "Government authority",
may delay notice to the "customer" by court order; and,
-- establishes the means by which the "customer" may
challenge "Government authority" access to the "financial
records" of a "customer."
3. Of particular note is subparagraph 1114(a)(1)(A) which exempts
from the "customer" notice requirements of the act requests for the
production and disclosure of "financial records" made by a "Government
authority authorized to conduct foreign counter - or foreign positive
intelligence activities for purposes of conducting such activities...
Accordingly, the CIA is exempt from the notice requirements; however,
the following four sections are specifically named as being applicable
to any of the paragraph 1114(a)(1) "Government authorit[ies]":
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-- Section 1115 - "Cost Reimbursement" - to be paid to
the "financial institution assembling or providing
financial records pertaining to a customer...";
-- Section 1117 - "Civil Penalties" - allows for a $100
fine in addition to any actual and punitive damages and
reasonable Attorney's fees as may be awarded by a court and
establishes an administrative-disciplinary remedy to be carried
out through the Civil Service Commission in those cases in-
volving violations of the act which "raise questions of
whether an officer or employee of the department or agency
acted willfully or intentionally with respect to the viola-
tion...";
-- Section 1118 - "Injunctive Relief" - establishes an
injunctive remedy and reasonable Attorney's fees in the event
of successful injunctive action; and
-- Section 1121 - "Reporting Requirements" - provides, in
the first instance, that the Director of the Administrative
Office of the U.S. Courts send, in April of each year, to the
appropriate committees of Congress 'a report concerning the
number of applications for delays of notice.. .and the number of
customer challenges made...during the preceding calendar year... "
and secondly directs that each April each- Government authority
which requests access - including the Section 1114 "Government
authorit{ies}" (CIA, FBI and the Secret Service) - "send to
the appropriate committees of Congress a report describing
requests made during the preceding calendar year. to
include the number of requests for records and "any other related
information deemed relevant or useful by the Government authority."
4. Furthermore, pursuant to paragraph 1114(a)(2), any requests for the
production and disclosure of customer financial records must be accompanied
by a written certification signed by a supervisory official of rank designa-
ted by the head of the Government authority attesting to the fact that the
Goveinment authority has complied with the applicable provisions of the Act
Concomitantly paragraph I114(a)(3) prohibits any financial institution, or
officer, employee or agent of such institution from disclosing to any person
the fact that a subparagraph 1114(a)(1)(A) Government authority has sought
to obtain access to a customers financial records.
5. It is apparent, therefore, from the brief analytical review of the
statute provided herein that while this Agency is specifically exempted
from the notice requirements set forth in the 'Tight to Financial Privacy
Act of 1978," the Agency is covered by pertinent portions of Sections 1114,
1115, 1117, 1118 and 1121 of the act which set forth procedural, remedial
and reporting requirements which - by force of law - must be adhered to.
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6. The question which remains to be delved into is to what extent
the Agency actually has need to seek the "financial records" of U.S.
persons in order to determine just how the "Right to Financial Privacy
Act of 1978" may actmlly impact on the Agency.
Attachments
idASSISLaRC Legislative uounsel
Distribution:
Original - OLC Subject
1 - OLC Chrono
STAT - OGC
25X1 OLC mao (16
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October- 14; 1978
ers, or which fa contronect b
CONGRESSIONAL-RECORD? HOUSE H 13057
? ? ? - ? ? re ; ,
oesaoscha State. ensu-
e e , : cial instil:xi:eons supeirefebirlige
erneeresurest0Cr.ndialie-: - --- .
-,, ..._ conditions specified by the councill,
Trimir4.-=. mr-4)3:sctolarallr7.BIATISIZIArst - . TSTABLISISSAZNT OPTITH COITNCTE.
SEC. 1004., (a) Th . (e) Nothing in this title siaall pe-c. onstrued.
ere la established. the - to ii, or discourage Feelerel. regulaeory
Sec. 901- 5ection-7 Of the Federal Deposit Financial, Inatitutions Examination. Council . agency research . and?defelopraent of new-
Insurance, Act (12 11.S.C. 1817) is amendeci which shall consist ofe-1- - financial' institueione supervisory methods.
by a ,-* ding at the end thereof the following (1)- the Comptroller of the Currency. and toolsener-t6 preclude the field testing of
'new subsection: ' . . (2) the Chairman. or the Board of Mee- , eve,
thinovation devised by an Federal reg.-
y' ? .
- (k) (1) Each, insured beak eeloi reeks. to. tors. of the Fed?eral Depoath Insurance Corpo- letory agency.
the appropriate Federal baraldng agency an. ration. . - . .'' .... . '''. (f) Not later than Aprle 1 of? each year, the
annual report- which shall metre? the_ fon. ' (3) a Governor of the- Board orGovernora"-- Council shall prepare an annual. report cove
lowing information with respect, to -the pre... of the Federal Reserve' System designated.
ering the activities during the preceding year.
ceding calendar year:- - - -Se e , by the Chairman of the Boardee..----
e
"(A) A Ilse by name of each. stockludder " (4) the Chairman or th rn
e-Hoe reosn STATS ET.A.T.S
? Zan . . . ? - . -
or record who. cUrectly or .indlrectiy owns.- Board. and ' ' ?se' ' See. 1007: 'ro encourage the application of
,
mauve% or has the power to rote more than ,. (5) the Chairman of ' the Nationia Credit- uniform, examination principles- and stand-
10 per. cant= ut any. c.Lasa or voting securl- Union Adrainietration Board,. _ ' . . ' ' e? aids by State and Federal supervisory atone ?
ties of the bank- _ . ? ' ' . (b) _The members of the Council shall see ? dee, the C011neil shall- establish a liaison
,
ce.r or .stockholdere or record- who armee. after the chairmanship. shall rotate. among..of State agencies which supervise financial
"(B) A list by name of eachexec/Luxe ete;r?...,eeol title flint chairman. of the Council There- committee composed. of five representatives
or indirectly owns. controls. or has th_eepoirrer the members of the Council.- ' - '.. 7 -7.".,... institutione which. shall meet- at lease twice
to vote' more than 10 per cantons a- any (a) The. term' of the Chairman of the . a year-with the Council. Members of the nal-
elms of Toting eaeuritere of teweeme, and tbs . Council shall be two yeara- -- - - - ' e ' . . ? '.. son committee shall receive ,11. reasonable 11.1-? ,
aggregate amount or a41....ettonginns at etexut (d)- The members of the Councir may..? lowance for necessary' expenses Incurred in.
by such 1,1
1..% d Imola year to: (t). such, from time to time, designate other offloirs attendingeneetin.ga e ..'"
executive......r. ,. , : ..? ..., e -.e......e,
or stockholders of record. or employees or their respective agencies. to - -..--:?-? - .- -. - inanensr-iterisne. ' ' -
. . 7- - , eee.
(11)eirtreseen(pany? controlled by set...Weisz- scu,...e.eantethedestutleame-the.CoUriclle----e-e-V . ec eitioicrioe.Therettaktmao..oub
try e_seemoonstocklmittetruii-euree. 'pou (e),- Each- member - of the Connell shall :
ell is authorized to carry. out and to del e
tical or campajgn. committee the, ftuede or, serreswithonteaddidonal compensation but .
the authority to carry out the in ade .
services of which will benefit such executive-, shall be entitled to reasonable expenses in-
mirdetration. of the Council i ucling the
()Meer or ' stockholders, or which is con- eurred in carrying out -hie- official duels" as ? . . ee-
ber._ ? -- - e... .. ? ... _. _ _ ....e. - e. appointment- and. supervislein of employees-
troned-byestfan executive. officers or stock- such` .rs inern ? .... , ....., ,.. .. .. ...... : ........?,.... - ?Atte duirteutiewerceeinese ,
, among: MOM*,
holders,. - -..T.......? ' : _ - ? eS . .- . -'-' . ' ? -7 ". ' . ---ti EXFFE43331::?F ....-.D?' ingC117' -. ? ... . r. berse employeesesind administrative unite.
term 'executive_ ofncee shall. have the SaOla Sic..A005.e. One-filth . ot the- costa- end ex.- - (b) ' tion to any other authority con ---
e (2)- For.purposes of this subsection. the'ponses cif the- Council, including the salaries fe pole it by this. title, in carrying out
'meaning given- rt tinder `1)Gtian 22(g). or tha a its employees, shall be paid by each of eeti-functions under this title, the Council:
Federal Reserre'Act-se' ' ' - -- ' - - the Federal financial. institutions. regulaterye may utilize. _with; their consent:, and to, the
- "f3) The' airProPriatee Federal- banking agencies. Annual assessments for sumer/a-area extent practical, the personnel, services, and 7,
agencieseare authorized to, issue rules and shall be levied by the Council ?based. upon -- facilities of the Federal financial institutions
regulations-to carry ovre--this subsection. in- its projected budget for theeyear, and di-' regulatory agencies, . Federal-, Reserve banks,
eluding. authority. to. incorporate the before teanal assessments mayebe'rriade dui log- the_ and Federal Home Loan Banks, with or se - out reimbursement therefor.
with--
mation required to be tiled by this subsection year if ,:e - . . ? - ?.':- e ? e e - . ?
in any other reportrequtredto be filed by all - necessarye2"
insured banks which would be available in its ---- -
- ' ? rerrurtortie or ene cotrema. e.? - ,...?. , _ (c) In addition, the Council may?e.
entirety to the public upon-request. -- SEC. 1008ele) -Th. 0 Council shell eetablisle. : i (1)-- subject to the provision.* -of title- 5,
.'
"(4)- Copies-of any report required to be ? uniforns--princlplea ancl standards. and re-
United States Code.. relating.tothe? competi.
i.
filed under this subsection shell be made- Poreforme for the ee-enalnation of financial.. 'Use service, classfication, and General:
available. by thee appropriate. Federal bartk7...?elesenueiona wielen. setae be applied by the Schedule. pay rates, appoint and fix. the com-
ing agency or by the bank. upou requeeeeete.. Federal.- _financial -institutions ree.uLatery ., pensatiou of such. ?Meet's arid. employees. as.
are necessary to:carry-out the provisions of '
Trruthe Pubxufri"..._ Lintb_Lo,t_ai:.:--??-- ---;---------- iitiv---Aig-- ?......,..- -- ?;...?---------_- ... ____ _. (b) (I).% The eeeineel shall _ melee ricavi_-- this title. and to' prescribe the authority and..
agencies. ... _. Se . _ . - - -.. -.-? ? - -
douse' of such.otticees and employeen. and.
7-eleoleeserrATroictic7meswireer-e.":4".. u ''''' mendations fore uniformity in other_super-
(2) obtain the services of such experts and.
? - - visory matters. such. as. but not limited to. !
Sec.. 1001- ?This titieenay be cited-as the eleeeirying , loan, ?object to =emery rise. 'coneultaats as are necessary to _carry-out the
"Federal einaceziatioenstetutiona Beameatioa identifying financial- institutions-in need of- 'provisions of this titles,. e. ?lee,- .: 1 ?
Council A t-of nc ?? special, supervisory attention, and. evaluating ';': . Taccesserte nevonateereer sr TR'S COUNCIL ::.:-''
the soundness of large loans that ars shared 'i Sic: 1009. For the mug' ciee of can-vine out;
es 1.-..pnanrjaart-fa thspurposeinautnuoofri:hisranuantitie a...to Lydittrort,urtz.witrir"taa.th....iik.tituttc..... recoia re
In... this titre, the Council shall have access to ane
bookeesteeptints, records, reports, files. am?-
. .
Sec.
tio .hieh-shearep L-reieetibe, iiiidorm. tn-eariations regarding the adequacy ofsuZ--
eandums. aperailfingseand rieteetilion -
princ p we and standards for the Federal ex-.
=Matt= of financial institutions by the pervieory. tools for determining the irapact log to or in use by Federal financial - -
of holding company' operations on the Snare- Ilene regulatory agencies, looludlg.rertaol
Office of the- Comptroller of the Currency,. eta& institutions vrithin the holding conee. ? exeeerention of financial inatetntions or their.
- the Federal Deposit-J=4=Lnc? Corporation. pane' and shall consider the ability of six"- holding companies froineehatever source, toe-
th e Brautt a- Governors of the Federal'. pervisow agencies nediscover poodle/Ai fraud- 'gather with wove-pare re -and correspondence
. -
or questionable and. illegal payments and_ ewe relaeee ee:
. serve System:the Federal. Home Loan Bank emo,......, such repoets. whether .or not
.- Board, and the National- Credit . Union Ad- Practices which might occur in the oPera" es pa/COL the report;, and . all. without any
tion of financial. institutions or their. holdeeeleletionee - -.:,: .e?seee.---??.e e ?
' ministration and make recommendations- to
lag companies. : ... ' .-----
promote 'uniformity in the supervision of einerrs Sr-erre comierimereee Genesee
(2) When a reconemendation of tereCeija-
these fireauseleX institutions. The Councirs
actions shall be designed- to promote CaliSiS* cil - is found uneeceptable byeeneir- or more- SEC. 1010. Section. 117 of the . Accounting
ten -in such examination and to insure pro- of 'the applicable. Federal-financial institu- and Auditing Act of 1950. as amended by the
gressive and vigilant aupervision- . -.ere _.. ,. tions regulatory ageneles; the- -agency or Federal Banking Agency Audit Act (Public
agencies shallesubmit to the-Council, within - Law 95-320), is further amended by:
DIITINTTIONS?- . -. '
--..,..-- . ,-
. a time eperlod specified by the Council. a ? (1). redesignatang clauses (A),. (B), and
-
SEC.. 1003-As used in this. title-- ? - ? ?sr.ttefl statement of the reasons the recora- (C) of subsection (0) (1). as (B).. (C),. and.
(1) the term. "Federal financial. institue endation. is unacceptable. '. (0), respectively, and--Inserting in sub-
timns regulatory agencies" ZOSSIOS the 0_ - (c) The Council shall develop uniform re- section (e) (1) the clause "(A) of the Finan.
of the Comptroller ? of the Currspel; the porting systems for federally- seperrised cial Institutions Examination Council" im-
Board of Governors of the Fleral. Reserve financial Institutions, their holding corn- mediately following "audits"; and
System the Federal Delernsurience Cor- parties, and nonfinancial- institution subald-e (2) stalking out in subsection (e) (2) "and
poration. the Federalg.aa". e Loan Bank Board lades of such institutions. or holding corn-. (C)" and inserting in lieu thereof "(C), and
and the NationaLrUt Union Areelnistrae pariles.. The authority to develop turifortn. (0)". . ..
tem: reporting systems shall not restrict or amend '' ' ''-ee ' - ''' - ' ' '' - '.. ' ' ' . - --
.TITLE. :xx?paGuT Tp y7leSANCTS.DelsRIVACTe
(2) the "Councils means the Finals- the requirements of section 12(1) of the Se- - --o--1-e.a.3;:thi
',
cial 'lona ?seeseleation Council; and curates Exchange Act of 1934_ Y;C. iici. i"bi_s litle...mayelle_.0.t
? (3>411e term "financial Institution" means (d) The Council shall conduct schools for..itligtitetti Ellianelir Privicy Act orlavet" ?
? . . _
a c namerciai bank. a savings bank, a- trust examiners and assistant examiners employed _ -. - - - ?? DEFINITION&
savin 108.31 association, a by the Fede eta& inetientiens ' Sec. 1102.. For the purpoec of. this title
buildm olio aseoc a on, a noniesteied?reiy agencies. Such schools. shall bo--Orietr the term-
- ;
e
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period of delayed notiecalatea or the coaster' titans promulgated by the head of the-agency
men the following nonce, then be ? solnUett Of denettaftlan-
to thee customer. along wtfji apat
search warn*: ? . ? ? -
-'Records or joloirratiore *emcee:Ling your e =finnan in ? e ande
traasactions he by the. Amadei baeiatn- (4 a copy of -11-e- request him been
tion. named tn. ins attached search warrant. served upon tbs., custerner or maned to his.
were obtainedieby-this (agency or depart. last known address on or before the date on
meat) on (data). NotLIcation? was delayed which the request wags made to the financial
beyon4 the, statutory ninety-day delay pe- inatittition- together with the- following
riod pursuant to a, dsterrnixiatlon by the notice which snail settee with reasonable.
court that such notice would seriously' jeope specitythe nature of the Law- enforcement
ardiere an Investigation concerning
You may have rights under the Right- to Flee ?-? "Records* or information concereIng your
nancee privacy-eat oregesee ' transactions held by the financial institution,
' ? 'a- n named_ in the- attached.. request are being
- . e sought by this (agency ordepartment) ac-
obtain
Uri er SeOL4.9 cordance with the Right to Einsundal Privacy
cA t of 191a forethe follovrieg purpose:
(ere Pu,_n_es luan subpena oniene=-- If you desire that. such records ar in.for-
ena eutactanct cY lawn' matron not be- made available. you must:,
and. there in reasma_to believe that the sec- _ ?
, -.. Fan:-out rent' - accompanying motion
OtdS 5011g211?8114 rtileVant` 8.-lagit182888_ Paper and sworn statement or, write one of
- eararcenialg? - ? 'your own. own, statirtg that you are the customer
(2 a co" tlaa 888138118.1188 ...88""881-34'.. whose records are.. -being requested- by the
upon the customer or mailed- to.- bla last government and either giving the-reasons you
known sclacettilL " bell:44"U clat'"a wilirth` believe that the- records* are not relevant to
e the subpena Vila served on..the Onancianio-e tee . legitimate.; law, _eneneentente inquiry
ate with; ? ..stetution. together with the tenoning nonce
reasonable ae stated- be thinnoticenr any_ other legekbeals
specificity" ,_......, ....objecting' to- the release of- thy-records:.
theeeneenat-ureen etrat Pile the motion and staternenv bYins111-
nto the crk of
- transactions which. are. held. by. tire firianclar onene the, fawning. e_ned_essleene.eeke.e.-
- _ instituebart. named- larthinatterned subparts.- crowns ? - - _
- are being sought by this. (agency or depart- - ---- nt't - -et ?
. - --
meat or authority) in-accordance with thee ..3. Serve the Government authority re-
Right to FinancianBrivacy Act of 1973. far.T. questing the records by moiling or delivering
the followille..-Pluncei-- IL ? Y'?u de8"11-thatn, a cope-of year motion and statement to----
. such records-or- .innacesatiorse not- be, ersada" e
avallableoyonzerrene ,Be.m.epeeed cone ee, come and pee.
, ;ere, e _
_ - nu out the acco-ino'anirms-mo-tiou serve your position in further detail. ' ? .'
and swornstatement ,or vrrite,. one or your. _-_ "5. You. do? not need to. have a lawyer, ale
own, stating that yoncre-the customer whose though yon may wish tt. employ one to rep-
resent you end protect yoer rigbts.
records are. being- requested -by the govern- .
ment and either giving the reasons you be- If you do not follow the ab-Ove. preceduxes,
-- here that the records are not relevant to the upon the. expiration of ten days from the date_
legitimate lam enforcement inquiry stated of service or fourteen days from the date of
in this notice- or any othee legal- baths for. mailing-of this notice, the records or infor-
objecting to the release of the records. teethes --requested therein may he made-
-2. File the motion. and statement by ii. available. These records may be tensferred.
or'?le-'_ig them to the. clerk of the
Court.
"3. Serve.. the Government authority re-
questing the records. by mailing or delivering-
& copy of your motion and statement to
?
- "4_ Be prepared to come to court and pra-.
sent your position in further detail.
"3: Yon do-hot need to have a lawyer, al-
though younery wish to employ one to rep-
resent-you and protect your rights."
An application for delay must be- road* with
reasonable specificity.........-r? ? -
*Vit1/411110=01.2141tr-"Indins r ce7
and.- (
subsection- (a).? It-shall enter an-es. parte
order granting the.- requested delay for a pe-
riod not to-exceee ninety days and an order
prohibiting the financial LnatitutIon from
disclosing that records have been obtained
or that a request for records has-been made,.
except- that. If the records have been sought-
by a Government. authority exercising fbasne.
cial controls. over foreign; accounts. in the.
Tinned States under section, 5(b)- of the
Trading- with the Enemy. Act (50 U.S.C. App.-
5 (b) ). the- International- Emergence- Eco-
nomic PowerseAct (title IZ Public Law 95.--
223), or. section &of. the United Netions Par-
ticipation Act (22 U.S.C. 287e);e and the,
court finds that there Is. reason. to believe -
that such notice. may. endanger, the. Was or ?
physicel, safety of arcueteener or group. of
customers, or any person-or group of person's,
associated with, a customer,, the court may,.-
specify that. the delay be Indefinite-a :a
(2) Extensions. of the" delay. of noticit proe,
vided in. paragraph ?1)?Lup-to? ninety day*
, each may be granted by the, court. upon? ape:
pUrestion. but onneineecoardancasewitle this,
subsection. _ - ?
, (3)- -Upon -exPirationn,o1 the period of
da-
lay of notification. uncleteparegraph. (L): or
(2)e the customer shalL. be served.- with or:
mailed. a-copy of-the-process or request to-
getter-with the following-notice whIchshale
state with reasonablenspecincity, theenatuxe.
of the law enforcement inquire .?_,
"Records or information concerning your:
transactions which are lield_by the financial- ".
Institution named in thee attached: procesa
or reqtiest were suppliecrectenerequested
the Government authority named. en thee
process or request. caxercleten..". Notification.
was withheld pursuan.enoe"a. determination.
by the (title of court so order-Jerk)-under the
Right- to Financial Privacy,Act or 1973 that.
such notice might (state reason) The,
purpose of the investigatien.?oreeteclaepro-
.
reeding was ". ? ? -
Cc). When access to records-it pursuant to section -114n* (emere--
gency ? access) r? the Government authority
all. unless a court has, authorized delayor
notice pursuant to subsections- (a).- and (b) ;
as soon_ a.e practicable after- suchrecords are
obtained serve izpOntrefeeutonsen or mail.by
rigLstered or certified 'Mart to, bisnaat known;
address, a. copy of the, request to this finan-
cial institution together with the following.
notice' which shall states:with. reasonable
specificity the nature ef., theeleie enforcement,
Inquiry:. - ? ?
"Record, ?cerniugr Your transactions beiti -
by the fine.ncial institution named. ia. the ate-
tached, request were-obtained by (agency or
department) under the Right to FinanciaL
Privacy Act of 1978 on (date). for the follow-
ing purpose: - Emergency access to. -
such, records was Obtained.. on. ,tlie grounds
that (state groonde).::-- ? - - - - -
(d) Any memorandum,. affidavit, or other- '
paper filed. in connection with, a request for
delay in notification shall. be -preserved by
the court. Upon petition- by the-customer to
whom such..records pertain, the- court- may
order disclosure of such paper% to the pem
tidoner unless the court makes the findings,
_required in subsection. (e)..,. ? -...
cusrotesit eNstraniewisirciarOwe -
SEc. 1/10. (a) Within ten days or service
or within fourteen days or mailing of e
subpena, summons. or formal written re-
quest. a customer may file a motion to quash
an adm ? s *at ye summons
lrrn ? authority from obtaining financial_ms7
orcis pursuant' to a T_Cirfil enMee,e., eels Learn
it-ien-i-laoes served 11-1:0ii-lhe Governme ?t-
aut city. on.? quash a. clal
If you do not follow the above procedures,
upon the expiration. of ten days from the
date of serviee or fourteen days from the
date of mailing of this =nice, the records
ye, or information requested therein will be
_;.mads available.- These' records may be trans-
,: f erred to: other government authorities for'
legitimate .--lairwenforeement inquiries, in.-
-
which eventeetne will, be notified after .tlae
er (3) ten. days?have? expired from the date
of service or fourteen days from the date or
roeitiog or The optics to the customer and (2) There is reason. to believe that the MC..
within such time Period the customer' has( , Ords being sought are relevant-to a legitimate
not filed & SPrOrII statement and motion- to law enforcement inquiry: and,
gnash int- an appropriate want, or the' (3) there is reason to believe -hat such.
earner challenge provisions of section 1110" notice will result in? .
have been oortiplied with,.
? PtSISMAX? WRITTInt ireCrOlerr
SEM 11011. A Government authori
uest fthan
to other: government authorities far legit!,
mate law enforcement Inquiries, in which
eventson retn. be notified alter the transient'
and
(B)- ten dais have expired from the. data of
rervice or fourteen clays from the date of
mailing oentbe-notrce by the- customer- and
within suchtinie period the customer has not
filed a sworn statement and an application to-
enjoirethe- Government authority in an ape
_propriate- court; or the customer challenge'
prcerisions of section 1110 have been complied
with. -{?--
DELAYED NOICFC-PILX812.11ALLON or =thane
nen. i109. .(a) Upon applicatica of thee
_Government, authority, the customer notice
requinsd under section 1104 (a). 110.5(2), 1106
(c). 1107(2),1108(4), or 1112(1) may be-de-
layed by order of an. appropriate ocrurt if the.
presiding judge or magistrate ands- that---
- (1) the investigation being conducted is
within the lawful jurisdiction of the Govern-
ment authority seeking the flesneea records:
?
KW
terieenues
emarea-ert (D) intimidation- of potential witnesses:
(1) no atiministratne summons or sub- or
pens authority reasonably appears to be (E) otherwise seriously jeopardizing an
resaleable to that Government autbortty to investigation or ?facial proceeding or un.-
- obtein financial records for the purpose for duly delaying a trial or ongoing official pro-
which such recertis are sought; needing to- the same extent as the rheum-
(2) the reernest is authorized by regain-, stances in the preceding subparag-aplas.
or
IF ?
er
as
(A) endangering life or physical seeety of,
any person; . _ , . , ,
(B) flight from prosecution:. ,
- (C) destruction of or tampering with evi-
,
dence; _
Or
SU
* ? ? ineetteenevrenal ?
4. .
Approved For Release 2005/08/03 : CIA-RDP81M00980R000700080050-2