Page:United States Statutes at Large Volume 92 Part 3.djvu/1067

 PUBLIC LAW 95-630—NOV. 10, 1978 (4) specifies the purposes for which, and the Government authority to which, such records may be disclosed; and (5) states the customer's rights under this title. (b) No such authorization shall be required as a condition of doing business with any financial institution. (c) The customer has the right, unless the Government authority obtains a court order as provided in section 1109, to obtain a copy of the record which the financial institution shall keep of all instances in which the customer's record is disclosed to a Government authority pursuant to this section, including the identity of the Government authority to which such disclosure is made. (d) All financial institutions shall promptly notify all of their customers of their rights under this title. The Board of Governors of the Federal Reserve System shall prepare a statement of customers' rights under this title. Any financial institution that provides its customers a statement of customers' rights prepared by the Board shall be deemed to be in compliance with this subsection.

92 STAT. 3699

Notification. Statement.

ADMINISTRATIVE SUBPENA AND SUMMONS

SEC. 1105. A Government authority may obtain financial records Financial under section 1102(2) pursuant to an administrative subpena or records. 12 USC 3405. summons otherwise authorized by law only if— (1) there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry; (2) a copy of the subpena or summons has been served upon the customer or mailed to his last known address on or before the date on which the subpena or summons was served on the financial institution together with the following notice which shall state with reasonable specificity the nature of the law enforcement inquiry: "Records or information concerning your transactions held by the financial institution named in the attached subpena or summons are being sought by this (agency or department) in accordance with the Right to Financial Privacy Act of 1978 for the following purpose; If you desire that such records or information not be made available, you must: " 1. Fill out the accompanying motion paper and sworn statement or write one of your own, stating that you are the customer whose records are being requested by the Government and either giving the reasons you believe that the records are not relevant to the legitimate law enforcement inquiry stated in this notice or any other legal basis for objecting to the release of the records. ^'2. File the motion and statement by mailing or delivering them to the clerk of any one of the following United States district courts: "3. Serve the Government authority requesting the records by mailing or delivering a copy of your motion and statement to "4. Be prepared to come to court and present your position in further detail. "5. You do not need to have a lawyer, although you may wish to employ one to represent you and protect yotir rights. If you do not follow the above procedures, upon the expiration of ten days from the date of service or fourteen days from the date

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