12 USC 3412(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 12 USC 3412(a) | status: Specified | banner: CUI//SP-IFNC.
- NARA sanctions field: 12 USC 3417 12 USC 3418.
- DoD authority row: 12 USC 3412(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 12 USC 3412(a) | status: Specified | banner: CUI//SP-IFNC | sanctions: 12 USC 3417 12 USC 3418
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified, CUI//SP-IFNC. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified with banner CUI//SP-IFNC.
Extracted authority meaning
- Page 1499 TITLE 12—BANKS AND BANKING § 3412
- Registry designation context: Specified, CUI//SP-IFNC. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to financial records obtained for intelligence or counterintelligence activity, investigation, or analysis.
- DoD category scope used with this authority: Related to financial records obtained for intelligence or counterintelligence activity, investigation, or analysis.
- 12 USC 3412(a) | status: Specified | banner: CUI//SP-IFNC | sanctions: 12 USC 3417 12 USC 3418
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-IFNC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to financial records obtained for intelligence or counterintelligence activity, investigation, or analysis.
- Extracted authority condition: Use of information (a) Transfer of financial records to other agen- cies or departments; certification Financial records originally obtained pursuant to this chapter shall not be transferred to an- other agency or department unless the transfer- ring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement in- quiry, or intelligence or counterintelligence ac- tivity, investigation or analysis related to inter- national terrorism within the jurisdiction of the receiving agency or department.
- Extracted authority condition: (d) Exchanges of examination reports by super- visory agencies; transfer of financial records to defend customer action; withholding of in- formation Nothing in this chapter prohibits any super- visory agency from exchanging examination re- ports or other information with another super- visory agency.
- Extracted authority condition: (e) Exchange of records, reports, or other infor- mation Notwithstanding section 3401(6) 1 of this title or any other provision of law, the exchange of fi- nancial records, examination reports or other information with respect to a financial institu- tion, holding company, or any subsidiary of a depository institution or holding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, the Securities and Ex- change Commission, the Federal Trade Commis- sion, the Commodity Futures Trading Commis- sion, and the Bureau of Consumer Financial Protection is permitted.
- Extracted authority condition: Duty of financial institutions Upon receipt of a request for financial records made by a Government authority under section 3405 or 3407 of this title, the financial institution shall, unless otherwise provided by law, proceed to assemble the records requested and must be prepared to deliver the records to the Govern- ment authority upon receipt of the certificate required under section 3403(b) of this title.
- Extracted authority condition: Exceptions (a) Disclosure of financial records not identified with particular customers Nothing in this chapter prohibits the disclo- sure of any financial records or information which is not identified with or identifiable as being derived from the financial records of a particular customer.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-IFNC.
- Nara basic or specified: Specified
- Nara authority rows: 12 USC 3412(a) | status: Specified | banner: CUI//SP-IFNC | sanctions: 12 USC 3417 12 USC 3418
- Nara banner markings: CUI//SP-IFNC
- Nara sanctions: 12 USC 3417 12 USC 3418
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (e) Exchange of records, reports, or other infor- mation Notwithstanding section 3401(6) 1 of this title or any other provision of law, the exchange of fi- nancial records, examination reports or other information with respect to a financial institu- tion, holding company, or any subsidiary of a depository institution or holding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, the Securities and Ex- change Commission, the Federal Trade Commis- sion, the Commodity Futures Trading Commis- sion, and the Bureau of Consumer Financial Protection is permitted.
- Extracted authority control: (d) Exchanges of examination reports by super- visory agencies; transfer of financial records to defend customer action; withholding of in- formation Nothing in this chapter prohibits any super- visory agency from exchanging examination re- ports or other information with another super- visory agency.
- Extracted authority control: L. 111–203 substituted ‘‘the Commodity Futures Trading Commission, and the Bu- reau of Consumer Financial Protection is permitted’’ for ‘‘and the Commodity Futures Trading Commission is permitted’’. 2006—Subsec.
- Extracted authority control: Exceptions (a) Disclosure of financial records not identified with particular customers Nothing in this chapter prohibits the disclo- sure of any financial records or information which is not identified with or identifiable as being derived from the financial records of a particular customer.
- Extracted authority control: (f) Transfer to Attorney General or Secretary of the Treasury (1) In general Nothing in this chapter shall apply when fi- nancial records obtained by an agency or de- partment of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certifi- cation by a supervisory level official of the transferring agency or department that— (A) there is reason to believe that the records may be relevant to a violation of Federal criminal law; and (B) the records were obtained in the exer- cise of the agency’s or department’s super- visory or regulatory functions.
- Extracted authority control: Probably should be ‘‘section’’. poses, for civil actions under section 1833a of this title, or for forfeiture under sections 2 981 or 982 of title 18 by the Department of Justice and only for criminal investigative purposes relating to money laundering and other finan- cial crimes by the Department of the Treasury and shall, upon completion of the investiga- tion or prosecution (including any appeal), be returned only to the transferring agency or de- partment.
Authority excerpts
Most relevant extracted authority passage(e) Exchange of records, reports, or other infor- mation Notwithstanding section 3401(6) 1 of this title or any other provision of law, the exchange of fi- nancial records, examination reports or other information with respect to a financial institu- tion, holding company, or any subsidiary of a depository institution or holding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, the Securities and Ex- change Commission, the Federal Trade Commis- sion, the Commodity Futures Trading Commis- sion, and the Bureau of Consumer Financial Protection is permitted.
Extracted authority passage 2(d) Exchanges of examination reports by super- visory agencies; transfer of financial records to defend customer action; withholding of in- formation Nothing in this chapter prohibits any super- visory agency from exchanging examination re- ports or other information with another super- visory agency.
Extracted authority passage 3L. 111–203 substituted ‘‘the Commodity Futures Trading Commission, and the Bu- reau of Consumer Financial Protection is permitted’’ for ‘‘and the Commodity Futures Trading Commission is permitted’’. 2006—Subsec.
Extracted authority passage 4Exceptions (a) Disclosure of financial records not identified with particular customers Nothing in this chapter prohibits the disclo- sure of any financial records or information which is not identified with or identifiable as being derived from the financial records of a particular customer.
Extracted authority passage 5Use of information (a) Transfer of financial records to other agen- cies or departments; certification Financial records originally obtained pursuant to this chapter shall not be transferred to an- other agency or department unless the transfer- ring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement in- quiry, or intelligence or counterintelligence ac- tivity, investigation or analysis related to inter- national terrorism within the jurisdiction of the receiving agency or department.
Extracted authority passage 6Duty of financial institutions Upon receipt of a request for financial records made by a Government authority under section 3405 or 3407 of this title, the financial institution shall, unless otherwise provided by law, proceed to assemble the records requested and must be prepared to deliver the records to the Govern- ment authority upon receipt of the certificate required under section 3403(b) of this title.