Linda Friedman Ramirez's Blog Representing Foreign Nationals

International Criminal and Extradition Defense. Linda Friedman Ramirez, P.A.

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Wednesday, February 17, 2010

Evidence Gathering in the US for Foreign Authorities: New Rule to Allow for Sharing Bank Information Published

The Final Rule and revision of 31 CFR 103 is available here.

Reuters, February 8, 2010. U.S. rule directs banks to share data abroad. " A U.S. financial crime agency has adopted a rule allowing local, state and foreign police agencies to seek information from American banks, despite opposition from industry groups.The rule broadens one adopted by the Financial Crimes Enforcement Network (FinCEN), a division of the U.S. Treasury Department, after the September 11 attacks. "

Excerpt from revised § 103.100 Information sharing between government agencies and financial institutions.
(a) * * *
(4) Law enforcement agency means a
Federal, State, local, or foreign law
enforcement agency with criminal
investigative authority,
provided that in
the case of a foreign law enforcement
agency, such agency is from a
jurisdiction that is a party to a treaty
that provides, or in the determination of
FinCEN is from a jurisdiction that
otherwise allows, law enforcement
agencies in the United States reciprocal
access to information comparable to that
obtainable under this section.