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A financial institution is not
entitled to reimbursement under this subpart for costs incurred in
assembling or providing financial records or information related to:
(a) Security interests, bankruptcy claims, debt collection. Any
financial records provided as an incident to perfecting a security
interest, proving a claim in bankruptcy, or otherwise collecting on a
debt owing either to the financial institution itself or in its role
as a fiduciary.
(b) Government loan programs. Financial records that are
necessary to permit the appropriate government authority to carry out
its responsibilities under a government loan, loan guaranty or loan
insurance program.
(c) Nonidentifiable information. Financial records that are not
identified with or identifiable as being derived from the financial
records of a particular customer.
(d) Financial supervisory agencies. Financial records disclosed
to a financial supervisory agency in the exercise of its supervisory,
regulatory, or monetary functions with respect to a financial
institution.
(e) Internal Revenue summons. Financial records disclosed in
accordance with procedures authorized by the Internal Revenue Code.
(f) Federally required reports. Financial records required to
be reported in accordance with any federal statute or rule promulgated
thereunder.
(g) Government civil or criminal litigation. Financial records
sought by a government authority under the Federal Rules of Civil or
Criminal Procedure or comparable rules of other courts in connection
with litigation to which the government authority and the customer are
parties.
(h) Administrative agency subpoenas. Financial records sought
by a government authority pursuant to an administrative subpoena
issued by an administrative law judge in an adjudicatory proceeding
subject to 5 U.S.C. 554, and to which the government authority and the
customer are parties.
(i) Investigation of financial institution or its noncustomer.
Financial records sought by a government authority in connection with
a lawful proceeding, investigation, examination, or inspection
directed at the financial institution in possession of such records,
or at an entity that is not a customer as defined in Sec. 219.2 of
this part.
(j) General Accounting Office requests. Financial records
sought by the General Accounting Office pursuant to an authorized
proceeding, investigation, examination, or audit directed at a
government authority.
(k) Federal Housing Finance Board requests. Financial records
or information sought by the Federal Housing Finance Board (FHFB) or
any of the Federal home loan banks in the exercise of the FHFB's
authority to extend credit to financial institutions or others.
(l) Department of Veterans Affairs. The disclosure of the name
and address of any customer to the Department of Veterans Affairs
where such disclosure is necessary to, and used solely for, the proper
administration of benefits programs under laws administered by that
Department.
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