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428. Foreign Intelligence and Secret Service Protective Function Exceptions

12 U.S.C. § 3414(a) excepts authorized foreign intelligence investigations and functions of the Secret Service in protecting the President and certain other federal officials and candidates. The exemption may only be used if a certificate of compliance with the Act, signed by a supervisory official of a rank designated by the head of the Government authority seeking access, is submitted to the financial institution.

An annual tabulation of the use of this exception must be provided to the Congress. Financial institutions receiving certificates in foreign intelligence and protective function cases are prohibited by the Act from revealing to the customer that access to financial records was sought or has been obtained. 12 U.S.C. § 3414(a)(3). Such prohibition of notice should be enforceable by court order under 12 U.S.C. § 3418.

Updated January 22, 2020