12 U.S. Code § 1953 - Recordkeeping and procedures

(a) Regulations
If the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b) of this section, has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism, he may by regulation require such bank, institution, or person—
(1) to require, retain, or maintain, with respect to its functions as an uninsured bank or uninsured institution or its functions referred to in subsection (b) of this section, any records or evidence of any type which the Secretary is authorized under section 1829b of this title to require insured banks to require, retain, or maintain; and
(2) to maintain procedures to assure compliance with requirements imposed under this chapter. For the purposes of any civil or criminal penalty, a separate violation of any requirement under this paragraph occurs with respect to each day and each separate office, branch, or place of business in which the violation occurs or continues.
(b) Institutions subject to recordkeeping requirements
The authority of the Secretary of the Treasury under subsection (a) of this section extends to any financial institution (as defined in section 5312 (a)(2) of title 31), other than any insured bank (as defined in section 1813 (h) of this title) and any insured institution (as defined in section 1724 (a)  [1] of this title), and any partner, officer, director, or employee of any such financial institution.
(c) Acceptance of automated records
The Secretary shall permit an uninsured bank or financial institution to retain or maintain records referred to in subsection (a) of this section in electronic or automated form, subject to terms and conditions established by the Secretary.


[1]  See References in Text note below.

Source

(Pub. L. 91–508, title I, § 123,Oct. 26, 1970, 84 Stat. 1116; Pub. L. 100–690, title VI, § 6185(d)(3)(A),Nov. 18, 1988, 102 Stat. 4357; Pub. L. 103–325, title III, § 310,Sept. 23, 1994, 108 Stat. 2221; Pub. L. 107–56, title III, § 358(e),Oct. 26, 2001, 115 Stat. 327; Pub. L. 108–458, title VI, § 6202(k),Dec. 17, 2004, 118 Stat. 3746.)
References in Text

Section 1724 of this title, referred to in subsec. (b), was repealed by Pub. L. 101–73, title IV, § 407,Aug. 9, 1989, 103 Stat. 363.
Amendments

2004—Subsec. (a). Pub. L. 108–458made technical correction to Pub. L. 107–56. See 2001 Amendment note below.
2001—Subsec. (a). Pub. L. 107–56, as amended by Pub. L. 108–458, amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “Where the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b) of this section, has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he may by regulation require such bank, institution, or person—”.
1994—Subsec. (c). Pub. L. 103–325added subsec. (c).
1988—Subsec. (b). Pub. L. 100–690amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The authority of the Secretary under this section extends to any person engaging in the business of carrying on any of the following functions:
“(1) Issuing or redeeming checks, money orders, travelers’ checks, or similar instruments, except as an incident to the conduct of its own nonfinancial business.
“(2) Transferring funds or credits domestically or internationally.
“(3) Operating a currency exchange or otherwise dealing in foreign currencies or credits.
“(4) Operating a credit card system.
“(5) Performing such similar, related, or substitute functions for any of the foregoing or for banking as may be specified by the Secretary in regulations.”
Effective Date of 2004 Amendment

Amendment by Pub. L. 108–458effective as if included in Pub. L. 107–56, as of the date of enactment of such Act, and no amendment made by Pub. L. 107–56that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 ofPub. L. 108–458, set out as a note under section 1828 of this title.
Effective Date of 2001 Amendment

Amendment by Pub. L. 107–56applicable with respect to reports filed or records maintained on, before, or after Oct. 26, 2001, see section 358(h) ofPub. L. 107–56, set out as a note under section 1829b of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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12 CFR - Banks and Banking

12 CFR Part 4 - ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION, CONTRACTING OUTREACH PROGRAM, POST-EMPLOYMENT RESTRICTIONS FOR SENIOR EXAMINERS

12 CFR Part 261 - RULES REGARDING AVAILABILITY OF INFORMATION

17 CFR - Commodity and Securities Exchanges

17 CFR Part 42 - ANTI-MONEY LAUNDERING, TERRORIST FINANCING

31 CFR - Money and Finance: Treasury

31 CFR Part 103 - FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS

31 CFR Part 1010 - GENERAL PROVISIONS

31 CFR Part 1012

31 CFR Part 1020 - RULE FOR BANKS

31 CFR Part 1021 - RULES FOR CASINOS AND CARD CLUBS

31 CFR Part 1022 - RULES FOR MONEY SERVICES BUSINESSES

31 CFR Part 1023 - RULES FOR BROKERS OR DEALERS IN SECURITIES

31 CFR Part 1024 - RULES FOR MUTUAL FUNDS

31 CFR Part 1025 - RULES FOR INSURANCE COMPANIES

31 CFR Part 1026 - RULES FOR FUTURES COMMISSION MERCHANTS AND INTRODUCING BROKERS IN COMMODITIES

31 CFR Part 1027 - RULES FOR DEALERS IN PRECIOUS METALS, PRECIOUS STONES, OR JEWELS

31 CFR Part 1028 - RULES FOR OPERATORS OF CREDIT CARD SYSTEMS

31 CFR Part 1029 - 1099 [Reserved]

 

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