Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60723 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 504 

RIN 0702–AA49 

Obtaining Information From Financial 

Institutions 

AGENCY: Department of the Army, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

is publishing a revision to our rule 

concerning obtaining information from 

financial institutions. The regulation 

prescribes policies for the Department of 

the Army to obtain information on a 

customer’s financial records from 

financial institutions. 

DATES: Effective Date: November 18, 

2005. 

ADDRESSES: Headquarters, Department 

of the Army, Office of the Provost 

Marshal General, ATTN: DAPM–MPD–

LE, 2800 Army Pentagon, Washington, 

DC 20310–2800. 

FOR FURTHER INFORMATION CONTACT: 

James Crumley (703) 692–6721. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This part has previously been 

published. The Administrative 

Procedure Act, as amended by the 

Freedom of Information Act requires 

that certain policies and procedures and 

other information concerning the 

Department of the Army be published in 

the Federal Register. The policies and 

procedures covered by this part fall into 

that category. The Department of the 

Army did not receive any responses 

from potential commentors. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the final rule does not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the final rule does not include 

a mandate that may result in estimated 

costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the final rule does not 

have an adverse impact on the 

environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the final rule does not involve collection 

of information from the public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the final rule 

does not impair private property rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

final rule is not a significant regulatory 

action. As such, this rule is not subject 

to Office of Management and Budget 

review under section 6(a)(3) of the 

Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

final rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

final rule does not apply because it will 

not have a substantial effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Jeffery B. Porter, 

Chief, Law Enforcement Policy and Oversight 

Section. 

List of Subjects in 32 CFR Part 504 

Banks, Banking, Business, 

Investigations, Law enforcement, 

Military law, Privacy. 

■ For reasons stated in the preamble the 

Department of the Army revises Part 504 

to Subchapter A of Title 32 to read as 

follows: 

PART 504—OBTAINING INFORMATION 

FROM FINANCIAL INSTITUTIONS 

Sec. 

504.1 General. 

504.2 Procedures. 

Appendix A to Part 504—Request for Basic 

Identifying Account Data-Sample 

Format. 

Appendix B to Part 504—Customer Consent 

and Authorization for Access-Sample 

Format. 

Appendix C to Part 504—Certificate of 

Compliance with the Right to Financial 

Privacy Act of 1978-Sample Format. 

Appendix D to Part 504—Formal Written 

Request for Access-Sample Format. 

Appendix E to Part 504—Customer Notice of 

Formal Written Request-Sample Format. 

Authority: 12 U.S.C. 3401 et seq., Pub. L. 

95–630, unless otherwise noted. 

§ 504–1 General. 

(a) Purpose. This part provides DA 

policies, procedures, and restrictions 

governing access to and disclosure of 

financial records maintained by 

financial institutions during the conduct 

of Army investigations or inquiries. 

(b) Applicability and scope. (1) This 

part applies to the Active Army, the 

Army National Guard of the United 

States (ARNGUS)/Army National Guard 

(ARNG), and the United States Army 

Reserve unless otherwise stated. 

(2) The provisions of 12 U.S.C. 3401 

et seq. do not govern obtaining access to 

financial records maintained by 

financial institutions located outside of 

the territories of the United States, 

Puerto Rico, the District of Columbia, 

Guam, American Samoa, or the Virgin 

Islands. The procedures outlined in 

§ 504.2(d)(4) will be followed in seeking 

access to financial information from 

these facilities. 

(3) This part also applies to financial 

records maintained by financial 

institutions as defined in § 504.1(c)(1). 

(c) Explanation of terms. (1) For 

purposes of this part, the following 

terms apply: 

(i) Financial institution. Any office of 

a—

(A) Bank. 

(B) Savings bank. 

(C) Card issuer as defined in section 

103 of the Consumers Credit Protection 

Act (15 U.S.C. 1602(n)). 

(D) Industrial loan company. 

(E) Trust company. 

(F) Savings association. 

(G) Building and loan association. 

(H) Homestead association (including 

cooperative banks). 

(I) Credit union. 

(J) Consumer finance institution. 

(ii) This includes only those offices 

located in any State or territory of the 

United States, or in the District of 

Columbia, Puerto Rico, Guam, American 

Samoa, or the Virgin Islands. 

(2) Financial record. An original 

record, its copy, or information known 

to have been derived from the original 

60724 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

record held by a financial institution, 

pertaining to a customer’s relationship 

with the financial institution. 

(3) Person. An individual or 

partnership of five or fewer individuals. 

(Per DODD 5400.12.) 

(4) Customer. Any person or 

authorized representative of that 

person—

(i) Who used or is using any service 

of a financial institution. 

(ii) For which a financial institution is 

acting or has acted as a fiduciary for an 

account maintained in the name of that 

person. 

(5) Law enforcement inquiry. A lawful 

investigation or official proceeding 

inquiring into a violation of, or failure 

to comply with, a criminal or civil 

statute or any regulation, rule, or order 

issued pursuant thereto. 

(6) Army law enforcement office. Any 

army element, agency, or unit 

authorized to conduct investigations 

under the Uniform Code of Military 

Justice or Army regulations. This broad 

definition of Army law enforcement 

office includes military police, criminal 

investigation, inspector general, and 

military intelligence activities 

conducting investigations of suspected 

violations of law or regulation. 

(7) Personnel security investigation. 

An investigation required to determine 

a person’s eligibility for access to 

classified information, assignment or 

retention in sensitive duties, or other 

designated duties requiring such 

investigation. Personnel security 

investigation includes investigations of 

subversive affiliations, suitability 

information, or hostage situations 

conducted to make personnel security 

determinations. It also includes 

investigations of allegations that—

(i) Arise after adjudicative action, and 

(ii) Require resolution to determine a 

person’s current eligibility for access to 

classified information or assignment or 

retention in a sensitive position. With 

DA, the Defense Investigative Service 

conducts personnel security 

investigations. 

(d) Policy—(1) Customer consent. It is 

DA policy to seek customer consent to 

obtain a customer’s financial records 

from a financial institution unless doing 

so would compromise or harmfully 

delay a legitimate law enforcement 

inquiry. If the person declines to 

consent to disclosure, the alternative 

means of obtaining the records 

authorized by this part will be used. 

(See § 504.2 (c) through (g).) 

(2) Access requests. Except as 

provided in paragraph (d)(3) of this 

section and §§ 504.1(f)(1), 504.2(g) and 

504.2(j), Army investigative elements 

may not have access to or obtain copies 

of the information in the financial 

records of any customer from a financial 

institution unless the financial records 

are reasonably described and the—

(i) Customer has authorized such 

disclosure (§ 504.2(b)); 

(ii) Financial records are disclosed in 

response to a search warrant which 

meets the requirements of § 504.2(d); 

(iii) Financial records are disclosed in 

response to a judicial subpoena which 

meets the requirements of § 504.2(e); or 

(iv) Financial records are disclosed in 

response to a formal written request 

which meets the requirements of 

§ 504.2(f). 

(3) Voluntary information. Nothing in 

this part will preclude any financial 

institution, or any officer, employee, or 

agent of a financial institution, from 

notifying an Army investigative element 

that such institution, or officer, 

employee or agent has information 

which may be relevant to a possible 

violation of any statute or regulation. 

(e) Authority. (1) Law enforcement 

offices are authorized to obtain records 

of financial institutions per this part, 

except as provided in § 504.2(e). 

(2) The head of a law enforcement 

office of field grade rank or higher (or 

an equivalent grade civilian official) is 

authorized to initiate requests for such 

records. 

(f) Exceptions and waivers. (1) A law 

enforcement office may issue a formal 

written request for basic identifying 

account information to a financial 

institution as part of a legitimate law 

enforcement inquiry. The request may 

be issued for any or all of the following 

identifying data: 

(i) Name. 

(ii) Address. 

(iii) Account number. 

(iv) Type of account of any customer 

or ascertainable group of customers 

associated with a financial transaction 

or class of financial transactions. 

(2) A request for disclosure of the 

above specified basic identifying data 

on a customer’s account may be issued 

without complying with the customer 

notice, challenge, or transfer procedures 

described in § 504.2. However, if access 

to the financial records themselves is 

required, the procedures in § 504.2 must 

be followed. (A sample format for 

requesting basic identifying account 

data is in app. A.) 

(3) This part will not apply when 

financial records are sought by the 

Army under the Federal Rules for Civil 

Procedure, Criminal Procedure, Rules 

for Courts-Martial, or other comparable 

rules of other courts in connection with 

litigation to which the Government and 

the customer are parties. 

(4) No exceptions or waivers will be 

granted for those portions of this part 

required by law. Submit requests for 

exceptions or waivers of other aspects of 

this part to HQDA OPMG (DAPM–

MPD–LE), Washington, DC 20310–2800. 

§ 504–2 Procedures. 

(a) General. A law enforcement 

official seeking access to a person’s 

financial records will, when feasible, 

obtain the customer’s consent. This 

section also sets forth other authorized 

procedures for obtaining financial 

records if it is not feasible to obtain the 

customer’s consent. Authorized 

procedures for obtaining financial 

records follow. All communications 

with a U.S. Attorney or a U.S. District 

Court, as required by this part, will be 

coordinated with the supporting staff 

judge advocate before dispatch. 

(b) Customer consent. (1) A law 

enforcement office may gain access to or 

a copy of a customer’s financial records 

by obtaining the customer’s consent and 

authorization in writing. (See app. B to 

this part for a sample format.) Any 

consent obtained under the provisions 

of this paragraph must—

(i) Be in writing, signed, and dated. 

(ii) Identify the particular financial 

records being disclosed. 

(iii) State that the customer may 

revoke the consent at any time before 

disclosure. 

(iv) Specify the purpose of disclosure 

and to which agency the records may be 

disclosed. 

(v) Authorize the disclosure for a 

period not over 3 months. 

(vi) Contain a ‘‘’Statement of 

Customer Rights Under the Right to 

Financial Privacy Act of 1978’’ (12 

U.S.C. 3401 et seq.) (app. B). 

(2) Any customer’s consent not 

containing all of the elements listed in 

paragraph (a) of this section will not be 

valid. 

(3) A copy of the customer’s consent 

will be made a part of the law 

enforcement inquiry file. 

(4) A certification of compliance with 

12 U.S.C. 3401 et seq. (app. C), along 

with the customer’s consent, will be 

provided to the financial institution as 

a prerequisite to obtaining access to the 

financial records. 

(c) Administrative summons or 

subpoena. The Army has no authority to 

issue an administrative summons or 

subpoena for access to financial records. 

(d) Search warrant. (1) A law 

enforcement office may obtain financial 

records by using a search warrant 

obtained under Rule 41 of the Federal 

Rules of Criminal Procedure in 

appropriate cases. 

(2) No later than 90 days after the 

search warrant is served, unless a delay 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60725 

of notice is obtained under § 504.2(i), a 

copy of the search warrant and the 

following notice must be mailed to the 

customer’s last known address: 

Records or information concerning 

your transactions held by the financial 

institution named in the attached search 

warrant were obtained by this (office/ 

agency/unit) on (date) for the following 

purpose: (state purpose). You may have 

rights under the Right to Financial 

Privacy Act of 1978. 

(3) Search authorization signed by 

installation commanders or military 

judges will not be used to gain access to 

financial records from financial 

institutions in any State or territory of 

the United States. 

(4) Access to financial records 

maintained by military banking 

contractors in overseas areas or by other 

financial institutions located on DOD 

installations outside the United States, 

Puerto Rico, the District of Columbia, 

Guam, American Samoa, or the Virgin 

Islands is preferably obtained by 

customer consent. 

(i) In cases where it would not be 

appropriate to obtain this consent or 

such consent is refused and the 

financial institution is not otherwise 

willing to provide access to its records, 

the law enforcement activity may seek 

access by use of a search authorization. 

This authorization must be prepared 

and issued per AR 27–10, Military 

Justice. 

(ii) Information obtained under this 

paragraph should be properly identified 

as financial information. It should be 

transferred only where an official needto-know exists. Failure to do so, 

however, does not render the 

information inadmissible in courtsmartial or other proceedings. 

(iii) Law enforcement activities 

seeking access to financial records 

maintained by all other financial 

institutions overseas will comply with 

local foreign statutes or procedures 

governing such access. 

(e) Judicial subpoena. Judicial 

subpoenas—

(1) Are those subpoenas issued in 

connection with a pending judicial 

proceeding. 

(2) Include subpoenas issued under 

Rule for Courts-Martial 703(e)(2) of the 

Manual for Courts-Martial and Article 

46 of the Uniform Code of Military 

Justice. The servicing staff judge 

advocate will be consulted on the 

availability and use of judicial 

subpoenas. 

(f) Formal written request. (1) A law 

enforcement office may formally request 

financial records when the records are 

relevant to a legitimate law enforcement 

inquiry. This request may be issued 

only if—

(i) The customer has declined to 

consent to the disclosure of his or her 

records, or 

(ii) Seeking consent from the 

customer would compromise or 

harmfully delay a legitimate law 

enforcement inquiry. 

(2) A formal written request will be in 

a format set forth in appendix D of this 

part and will—

(i) State that the request is issued 

under the Right to Financial Privacy Act 

of 1978 and this part. 

(ii) Described the specific records to 

be examined. 

(iii) State that access is sought in 

connection with a legitimate law 

enforcement inquiry. 

(iv) Describe the nature of the inquiry. 

(v) Be signed by the head of the law 

enforcement office or a designee 

(persons specified in § 504.1(e)(2)). 

(3) At the same time or before a formal 

written request is issued to a financial 

institution, a copy of the request will be 

personally served upon or mailed to the 

customer’s last known address unless a 

delay of customer notice has been 

obtained under § 504.2(i). The notice to 

the customer will be—

(i) In a format similar to appendix E 

of this part. 

(ii) Personally served at least 10 days 

or mailed at least 14 days before the 

date on which access is sought. 

(4) The official who signs the 

customer notice is designated to receive 

any challenge from the customer. 

(5) The customer will have 10 days to 

challenge a notice request when 

personal service is made, and 14 days 

when service is by mail. 

(6) The head of the law enforcement 

office initiating the formal written 

request will set up procedures to ensure 

that no access to financial records is 

attempted before expiration of the above 

time periods—

(i) While awaiting receipt of a 

potential customer challenge, or 

(ii) While awaiting the filing of an 

application for an injunction by the 

customer. 

(7) Proper preparation of the formal 

written request and notice to the 

customer requires preparation of motion 

papers and a statement suitable for court 

filing by the customer. Accordingly, the 

law enforcement office intending to 

initiate a formal written request will 

coordinate preparation of the request, 

the notice, motion papers, and sworn 

statement with the supporting staff 

judge advocate. These documents are 

required by statute; their preparation 

cannot be waived. 

(8) The supporting staff judge 

advocate is responsible for liaison with 

the proper United States Attorney and 

United States District Court. The 

requesting official will coordinate with 

the supporting staff judge advocate to 

determine whether the customer has 

filed a motion to prevent disclosure of 

the financial records within the 

prescribed time limits. 

(9) The head of the law enforcement 

office (§ 504.2(f)(2)(v)) will certify in 

writing (see app. C) to the financial 

institution that such office has complied 

with the requirements of 12 U.S.C. 3401 

et seq.—

(i) When a customer fails to file a 

challenge to access to financial records 

within the above time periods, or 

(ii) When a challenge is adjudicated 

in favor of the law enforcement office. 

No access to any financial records will 

be made before such certification is 

given. 

(g) Emergency access. Section 

504.2(g)(2)(3) provides for emergency 

access in such cases of imminent 

danger. (No other procedures in this 

part apply to such emergency access.) 

(1) In some cases, the requesting law 

enforcement office may determine that a 

delay in obtaining access would create 

an imminent danger of—

(i) Physical injury to a person, 

(ii) Serious property damage, or 

(iii) Flight to avoid prosecution. 

(2) When emergency access is made to 

financial records, the requesting official 

(§ 504.1(e)(2)) will—

(i) Certify in writing (in a format 

similar to that in app. C) to the financial 

institution that the provisions of 12 

U.S.C. 3401 et seq. have been complied 

with as a prerequisite to obtaining 

access. 

(ii) File with the proper court a 

signed, sworn statement setting forth the 

grounds for the emergency access 

within 5 days of obtaining access to 

financial records. 

(3) After filing of the signed, sworn 

statement, the official who has obtained 

access to financial records under this 

paragraph will as soon as practicable—

(i) Personally serve or mail to the 

customer a copy of the request to the 

financial institution and the following 

notice, unless a delay of notice has been 

obtained under § 504.2(i): 

Records concerning your transactions held 

by the financial institution named in the 

attached request were obtained by (office/ 

agency/unit) under the Right to Financial 

Privacy Act of 1978 on (date) for the 

following purpose: (state with reasonable 

detail the nature of the law enforcement 

inquiry). Emergency access to such records 

was obtained on the grounds that (state 

grounds). 

(ii) Ensure that mailings under this 

section are by certified or registered 

60726 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

mail to the last known address of the 

customer. 

(h) Release of information obtained 

from financial institutions—

(1) Records notice. Financial records, 

to include derived information, 

obtained under 12 U.S.C. 3401 et seq. 

will be marked as follows: 

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 outside DOD without prior 

compliance with the transferring 

requirements of 12 U.S.C. 3412. 

(2) Records transfer. (i) Financial 

records originally obtained under this 

part will not be transferred to another 

agency or department outside the DOD 

unless the transferring law enforcement 

office certifies their relevance in 

writing. Certification will state 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. To support this 

certification, the transferring office may 

require that the requesting agency 

submit adequate justification for its 

request. File a copy of this certification 

with a copy of the released records. 

(ii) Unless a delay of customer notice 

has been obtained (§ 504.2(i)), the 

transferring law enforcement office will, 

within 14 days, personally serve or mail 

the following to the customer at his or 

her last known address—

(A) A copy of the certification made 

according to § 504.2(h)(2)(i) and 

(B) The following notice, which will 

state the nature of the law enforcement 

inquiry with reasonable detail: 

Copies of, or information contained in, 

your financial records lawfully in possession 

of the Department of the Army have been 

furnished to (state the receiving agency or 

department) pursuant to the Right to 

Financial Privacy Act of 1978 for (state the 

purpose). 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. 

(iii) If a request for release of 

information is from a Federal agency 

authorized to conduct foreign 

intelligence or foreign 

counterintelligence activities (Executive 

Order 12333) and is for purposes of 

conducting such activities by these 

agencies, the information will be 

released without notifying the customer, 

unless permission to provide 

notification is given in writing by the 

requesting agency. 

(iv) Financial information obtained 

before the effective date of the Financial 

Privacy Act of 1978 (March 10, 1979) 

may continue to be provided to other 

agencies according to existing 

procedures, to include applicable 

Privacy Act System Notices published 

in AR 340–21 series. 

(3) Precautionary measures. 

Whenever financial data obtained under 

this part is incorporated into a report of 

investigation or other correspondence, 

precautions must be taken to ensure 

that—

(i) The report or correspondence is 

not distributed outside of DOD except in 

compliance with paragraph (h)(2)(ii)(B) 

of this section. 

(ii) The report or other 

correspondence contains the following 

warning restriction on the first page or 

cover: 

Some of the information contained herein 

(cite specific paragraphs) is financial record 

information which was obtained pursuant to 

the Right to Financial 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 DOD without 

compliance with the specific requirements of 

12 U.S.C. 3412 and AR 190–6. 

(i) Delay of customer notice 

procedures—(1) Length of delay. The 

customer notice required by formal 

written request (§ 504.2(f)(3)), 

emergency access (§ 504.2(g)(3)), and 

release of information (§ 504.2(h)(2)(iii)) 

may be delayed for successive periods 

of 90 days. The notice required for 

search warrant (§ 504.2(d)(2)) may be 

delayed for one period of 180 days and 

successive periods of 90 days. 

(2) Conditions for delay. A delay of 

notice may only be made by an order of 

an appropriate court. This will be done 

when not granting a delay in serving the 

notice would result in—

(i) Endangering the life or physical 

safety of any person. 

(ii) Flight from prosecution. 

(iii) Destruction of or tampering with 

evidence. 

(iv) Intimidation of potential 

witnesses. 

(v) 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 § 504.2(i)(2)(i) 

through (iv). 

(3) Coordination. When a delay of 

notice is appropriate, the law 

enforcement office involved will consult 

with the supporting staff judge advocate 

before attempting to obtain such a delay. 

Applications for delay of notice should 

contain reasonable detail. 

(4) After delay expiration. Upon the 

expiration of a delay of notice under 

above and required by—

(i) Section 504.2(d)(2), the law 

enforcement office obtaining financial 

records will 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 were 

obtained by this (agency or office) on (date). 

Notification was delayed beyond the 

statutory 180-day delay period pursuant to a 

determination by the court that such notice 

would seriously jeopardize an investigation 

concerning (state with reasonable detail). 

You may have rights under the Right to 

Financial Privacy Act of 1978. 

(ii) Section 504.2(f)(3), the law 

enforcement office obtaining financial 

records will serve personally or mail to 

the customer a copy of the process or 

request and the following notice: 

Records or 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 detail). 

(iii) Section 504.2(g)(3), the law 

enforcement office obtaining financial 

records will serve personally or mail to 

the customer a copy of the request and 

the notice required by § 504.2(g)(3). 

(iv) Section 504.2(h)(2), the law 

enforcement office transferring financial 

records will serve personally or mail to 

the customer the notice required by 

§ 504.2(f)(3). If the law enforcement 

office was responsible for obtaining the 

court order authorizing the delay, such 

office shall also serve personally or by 

mail to the customer the notice required 

in § 504.2(f)(3). 

(j) Foreign intelligence and foreign 

counterintelligence activities. (1) Except 

as indicated below, nothing in this 

regulation applies to requests for 

financial information in connection 

with authorized foreign intelligence and 

foreign counterintelligence activities as 

defined in Executive Order 12333. 

Appropriate foreign intelligence and 

counterintelligence directives should be 

consulted in these instances. 

(2) However, to comply with the 

Financial Privacy Act of 1978, the 

following guidance will be followed for 

such requests. When a request for 

financial records is made—

(i) A military intelligence group 

commander, the chief of an investigative 

control office, or the Commanding 

General (CG) (or Deputy CG), U.S. Army 

Intelligence and Security Command, 

will certify to the financial institution 

that the requesting activity has 

Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 60727 

complied with the provisions of 12 

U.S.C. 3403(b). 

(ii) The requesting official will notify 

the financial institution from which 

records are sought that 12 U.S.C. 

3414(a)(3) prohibits disclosure to any 

person by the institution, its agents, or 

employees that financial records have 

been sought or obtained. 

(k) Certification. A certificate of 

compliance with the Right to Financial 

Privacy Act of 1978 (app. C) will be 

provided to the financial institution as 

a prerequisite to obtaining access to 

financial records under the following 

access procedures: 

(1) Customer consent (§ 504.2(b)). 

(2) Search warrant (§ 504.2(d)). 

(3) Judicial subpoena (§ 504.2(e)). 

(4) Formal written request (§ 504.2(f)). 

(5) Emergency access (§ 504.2(g)). 

(6) Foreign intelligence and foreign 

counterintelligence activities 

(§ 504.2(j)). 

Appendix A To Part 504—Request For Basic 

Identifying Account Data—Sample Format 

(Official Letterhead) 

(Date) llllllllllllllllll

Mr./Mrs. lllll lllllllllll

Chief Teller (as appropriate), First National 

Bank, Little Rock, AR 72203. 

Dear Mr./Mrs. lllll: In connection 

with a legitimate law enforcement inquiry 

and pursuant to section 3414 of the Right to 

Financial Privacy Act of 1978, section 3401 

et seq., Title 12, United States Code, you are 

requested to provide the following account 

information: (name, address, account 

number, and type of account of any customer 

or ascertainable group of customers 

associated with a certain financial 

transaction or class of financial transactions 

as set forth in § 504.1(f)). 

I hereby certify, pursuant to section 

3403(b) of the Right to Financial Privacy Act 

of 1978, that the provisions of the Act have 

been complied with as to this request for 

account information. 

(Official Signature Block) lll lllll

Under section 3417(c) of the Act, good 

faith reliance upon this certification relieves 

your institution and its employees and agents 

of any possible liability to the subject in 

connection with the disclosure of the 

requested financial records. 

Appendix B To Part 504—Customer Consent 

and Authorization For Access—Sample 

Format 

Pursuant to section 3404(a) of the Right to 

Financial Privacy Act of 1978, I, (name of 

customer), having read the explanation of my 

rights on the reverse side, hereby authorize 

the (name and address of financial 

institution) to disclose these financial 

records: (list of particular financial records) 

to (Army law enforcement office) for the 

following purpose(s): (specify the 

purpose(s)). 

I understand that this authorization may be 

revoked by me in writing at any time before 

my records, as described above, are 

disclosed, and that this authorization is valid 

for no more than 3 months from the date of 

my signature. 

Date: llllllllllllllllll

Signature: llllllllllllllll

(Typed name) 

(Mailing address of customer) 

Statement of Customer Rights Under the 

Right to Financial Privacy Act of 1978 

Federal law protects the privacy of your 

financial records. Before banks, savings and 

loan associations, credit unions, credit card 

issuers, or other financial institutions may 

give financial information about you to a 

Federal agency, certain procedures must be 

followed. 

Consent to Financial Records 

You may be asked to consent to the 

financial institution making your financial 

records available to the Government. You 

may withhold your consent, and your 

consent is not required as a condition of 

doing business with any financial institution. 

If you give your consent, it can be revoked 

in writing at any time before your records are 

disclosed. Furthermore, any consent you give 

is effective for only 3 months and your 

financial institution must keep a record of 

the instances in which it discloses your 

financial information. 

Without Your Consent 

Without your consent, a Federal agency 

that wants to see your financial records may 

do so ordinarily only by means of a lawful 

subpoena, summons, formal written request, 

or search warrant for that purpose. Generally, 

the Federal agency must give you advance 

notice of its request for your records 

explaining why the information is being 

sought and telling you how to object in court. 

The Federal agency must also send you 

copies of court documents to be prepared by 

you with instructions for filling them out. 

While these procedures will be kept as 

simple as possible, you may want to consult 

an attorney before making a challenge to a 

Federal agency’s request. 

Exceptions 

In some circumstances, a Federal agency 

may obtain financial information about you 

without advance notice or your consent. In 

most of these cases, the Federal agency will 

be required to go to court for permission to 

obtain your records without giving you 

notice beforehand. In these instances, the 

court will make the Government show that 

its investigation and request for your records 

are proper. When the reason for the delay of 

notice no longer exists, you will usually be 

notified that your records were obtained. 

Transfer of Information 

Generally, a Federal agency that obtains 

your financial records is prohibited from 

transferring them to another Federal agency 

unless it certifies in writing the transfer is 

proper and sends a notice to you that your 

records have been sent to another agency. 

Penalties 

If the Federal agency or financial 

institution violates the Right to Financial 

Privacy Act, you may sue for damages or seek 

compliance with the law. If you win, you 

may be repaid your attorney’s fee and costs. 

Additional Information 

If you have any questions about your rights 

under this law, or about how to consent to 

release your financial records, please call the 

official whose name and telephone number 

appears below: 

lllllllllllllllllllll

(Last Name, First Name, Middle Initial) 

lllllllllllllllllllll

Title (Area Code) (Telephone Number) 

lllllllllllllllllllll

(Component activity, address) 

Appendix C To Part 504—Certificate of 

Compliance With the Right To Financial 

Privacy Act of 1978—Sample Format 

(Official Letterhead) 

Mr./Mrs. llllllllllllllll

Manager, Army Federal Credit Union, Fort 

Ord, CA 93941. 

Dear Mr./Mrs. lllll: I certify, 

pursuant to section 3403(b) of the Right to 

Financial Privacy Act of 1978, section 3401 

et seq., Title 12, United States Code, that the 

applicable provisions of that statute have 

been complied with as to the (customer’s 

consent, search warrant or judicial subpoena, 

formal written request, emergency access, as 

applicable) presented on (date), for the 

following financial records of (customer’s 

name): 

lllllllllllllllllllll

(Describe the specific records) 

(Official Signature Block) lllllllll

Pursuant to section 3417(c) of the Right to 

Financial Privacy Act of 1978, good faith 

reliance upon this certificate relieves your 

institution and its employees and agents of 

any possible liability to the customer in 

connection with the disclosure of these 

financial records. 

Appendix D To Part 504—Formal Written 

Request For Access—Sample Format 

(Official Letterhead) 

(Date) llllllllllllllllll

Mr./Mrs. llllllllllllllll

President (as appropriate), City National 

Bank and Trust Company, Altoona, PA 

16602. 

Dear Mr./Mrs. lllll: In connection 

with a legitimate law enforcement inquiry 

and pursuant to section 3402(5) and section 

3408 of the Right to Financial Privacy Act of 

1978, section 3401 et seq., Title 12, United 

States Code, and Army Regulation 190–6, 

you are requested to provide the following 

account information pertaining to (identify 

customer); 

lllllllllllllllllllll

(Describe the specific records to be 

examined) 

The Army has no authority to issue an 

administrative summons or subpoena for 

access to these financial records which are 

required for (describe the nature or purpose 

of the inquiry). 

A copy of this request was (personally 

served upon or mailed to) the subject on 

(date) who has (10 or 14) days in which to 

challenge this request by filing an application 

60728 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 

in an appropriate United States district court 

if the subject desires to do so. 

Upon expiration of the above mentioned 

time period and in the absence of any filing 

or challenge by the subject, you will be 

furnished a certification certifying in writing 

that the applicable provisions of the Act have 

been complied with prior to obtaining the 

requested records. Upon your receipt of a 

Certificate of Compliance with the Right to 

Financial Privacy Act of 1978, you will be 

relieved of any possible liability to the 

subject in connection with the disclosure of 

the requested financial records. 

(Official Signature Block) lllllllll

Appendix E to Part 504—Customer Notice of 

Formal Written Request—Sample Format 

(Official Letterhead) 

(Date) llllllllllllllllll

Mr./Ms. lllllllllllllllll

1500 N. Main Street, Washington, DC 20314. 

Dear Mr./Ms. __: Information or records 

concerning your transactions held by the 

financial institution named in the attached 

request are being sought by the (agency/ 

department) in accordance with the Right to 

Financial Privacy Act of 1978, section 3401 

et seq., Title 12, United States Code, and 

Army Regulation 190–6, for the following 

purpose(s): 

lllllllllllllllllllll

(List the purpose(s)) 

If you desire that such records or 

information not be made available, you must 

do the following: 

a. Fill out the accompanying motion paper 

and sworn statement or write one of your 

own—

(1) Stating that you are the customer whose 

records are being requested by the 

Government. 

(2) Giving the reasons you believe that the 

records are not relevant or any other legal 

basis for objecting to the release of the 

records. 

b. File the motion and statement by 

mailing or delivering them to the clerk of any 

one of the following United States District 

Courts: 

lllllllllllllllllllll

(List applicable courts) 

c. Mail or deliver a copy of your motion 

and statement to the requesting authority: 

(give title and address). 

d. Be prepared to come to court and 

present your position in further detail. 

You do not need to have a lawyer, although 

you may wish to employ one to represent you 

and protect your rights. 

If you do not follow the above procedures, 

upon the expiration of (10 days from the date 

of personal service) (14 days from the date of 

mailing) of this notice, the records or 

information requested therein may be made 

available. 

These records may be transferred to other 

Government authorities for legitimate law 

enforcement inquiries, in which event you 

will be notified after the transfer if such 

transfer is made. 

3 Enclosures (see para ll) 

(Signature) lllllllllllllll

[FR Doc. 05–20904 Filed 10–18–05; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 631 

RIN 0702–AA50 

Armed Forces Disciplinary Control 

Boards and Off-Installation Liaison and 

Operations 

AGENCY: Department of the Army, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

is publishing a revision to our rule 

concerning armed forces disciplinary 

control boards and off-installation 

liaison and operations. The regulation 

prescribes uniform policies and 

procedures for the establishment, and 

operation of Armed Forces Disciplinary 

Control Boards, and off-installation 

liaison and operations. 

DATES: Effective Date: November 18, 

2005. 

ADDRESSES: Headquarters, Department 

of the Army, Office of the Provost 

Marshal General, ATTN: DAPM–MPD–

LE, 2800 Army Pentagon, Washington, 

DC 20310–2800. 

FOR FURTHER INFORMATION CONTACT: 

James Crumley, (703) 692–6721. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This part has previously been 

published. The Administrative 

Procedure Act, as amended by the 

Freedom of Information Act requires 

that certain policies and procedures and 

other information concerning the 

Department of the Army be published in 

the Federal Register. The policies and 

procedures covered by this part fall into 

that category. The Department of the 

Army did not receive any responses 

from potential commentors. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the final rule does not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the final rule does not include 

a mandate that may result in estimated 

costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

The Department of the Army has 

determined that the National 

Environmental Policy Act does not 

apply because the final rule does not 

have an adverse impact on the 

environment. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the final rule does not involve collection 

of information from the public. 

F. Executive Order 12630 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the final rule 

does not impair private property rights. 

G. Executive Order 12866 (Regulatory 

Planning and Review) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 12866 this 

final rule is not a significant regulatory 

action. As such, this rule is not subject 

to Office of Management and Budget 

review under section 6(a)(3) of the 

Executive Order. 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risk and Safety Risks) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13045 this 

final rule does not apply. 

I. Executive Order 13132 (Federalism) 

The Department of the Army has 

determined that according to the criteria 

defined in Executive Order 13132 this 

final rule does not apply because it will 

not have a substantial effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Jeffery B. Porter, 

Chief, Law Enforcement Policy and Oversight 

Section. 

List of Subjects in 32 CFR Part 631 

Alcohol, Business, Discrimination, 

Health, Investigations, Law 

enforcement, Military personnel,