31 C.F.R. § 1010.950

Availability of information—general

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(a) The Secretary has the discretion to disclose information reported under this chapter, other than information reported pursuant to § 1010.380, for any reason consistent with the purposes of the Bank Secrecy Act, including those set forth in paragraphs (b) through (d) of this section. FinCEN may disclose information reported pursuant to § 1010.380 only as set forth in § 1010.955, and paragraphs (b) through (f) of this section shall not apply to the disclosure of such information.

(b) The Secretary may make any information set forth in any report received pursuant to this chapter available to another agency of the United States, to an agency of a state or local government or to an agency of a foreign government, upon the request of the head of such department or agency made in writing and stating the particular information desired, the criminal, tax or regulatory purpose for which the information is sought, and the official need for the information.

(c) The Secretary may make any information set forth in any report received pursuant to this chapter available to the Congress, or any committee or subcommittee thereof, upon a written request stating the particular information desired, the criminal, tax or regulatory purpose for which the information is sought, and the official need for the information.

(d) The Secretary may make any information set forth in any report received pursuant to this chapter available to any other department or agency of the United States that is a member of the Intelligence Community, as defined by Executive Order 12333 or any succeeding executive order, upon the request of the head of such department or agency made in writing and stating the particular information desired, the national security matter with which the information is sought and the official need therefor.

(e) Any information made available under this section to other department or agencies of the United States, any state or local government, or any foreign government shall be received by them in confidence, and shall not be disclosed to any person except for official purposes relating to the investigation, proceeding or matter in connection with which the information is sought.

(f) The Secretary may require that a State or local government department or agency requesting information under paragraph (b) of this section pay fees to reimburse the Department of the Treasury for costs incidental to such disclosure. The amount of such fees will be set in accordance with the statute on fees for government services, 31 U.S.C. 9701.

[75 FR 65812, Oct. 26, 2010, as amended at 88 FR 88808, Dec. 22, 2023]

Notes of Decisions

Cited in 4 cases, 2012–2016 · leading case: United States v. Under Seal, 737 F.3d 330 (4th Cir. 2013).

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United States v. Under Seal, 737 F.3d 330 (4th Cir. 2013). · cites it 2× “Consequently, the Treasury Department shares the information it collects pursuant to the requirements of the BSA with other agencies — including the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Reserve Board, the Federal…”

In Re Grand Jury Subpoena, 696 F.3d 428 (5th Cir. 2012). “Consequently, the Treasury Department shares the information it collects pursuant to the Act’s requirements with other agencies — including the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Reserve Board, the Federal Deposit…”

In Re Grand Jury Proceedings, No. 4-10, 707 F.3d 1262 (11th Cir. 2013). “§ 5319 ; 31 C.F.R. § 1010.950 (a)-(b)). Furthermore, violations of the BSA can be enforced by civil or criminal means, and Congress emphasized that the availability of civil sanctions is “of great importance in assuring compliance with regulations of the type contemplated by…”

United States v. Zhong H. Chen, 815 F.3d 72 (1st Cir. 2016). “reasury to “make information in a report filed under this subchapter available to an agency, including any State financial institutions supervisory agency, United States intelligence agency or self-regulatory organization registered with the Securities and Exchange Commission or…”

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