Customer consent.

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 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:
(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 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:

Source

32 CFR § 504.2


Scoping language

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.

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