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12 U.S.C. § 1959 — Administrative procedure

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1959 — Administrative procedure

The administrative procedure and judicial review provisions of subchapter II of chapter 5 and chapter 7 of title 5 shall apply to all proceedings under this chapter, [section 1829b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1829b&num=0&edition=prelim), and section 1730d 11 See References in Text note below. of this title.

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Source location: Title 12, Chapter 21, § 1959; chapter-021-financial-recordkeeping.md

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1829b — Retention of records by insured depository institutions

**(a) Congressional findings and declaration of purpose** (1) **Findings** — Congress finds that— (A) adequate records maintained by insured depository institutions have a high degree of usefulness in criminal, tax, and 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 domestic and international terrorism; and (B) microfilm or other reproductions and other records made by insured depository institutions of checks, as well as records kept by such institutions, of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in proceedings described in subparagraph (A). (2) **Purpose** — It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, recognizing 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. **(b) Recordkeeping regulations** (1) **In general** — Where the Secretary of the Treasury (referred to in this section as the “Secretary”) determines that the maintenance of appropriate types of records and other evidence by insured d

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1951 — Congressional findings and declaration of purpose

**(a)** The Congress finds that certain records maintained by businesses engaged in the functions described in [section 1953(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1953/b&num=0&edition=prelim) have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that the power to require reports of changes in the ownership, control, and managements of types of financial institutions referred to in [section 1952 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1952&num=0&edition=prelim) may be necessary for the same purpose. **(b)** It is the purpose of this chapter to require the maintenance of appropriate types of records and the making of appropriate reports by such businesses in the United States where such records or reports have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1959 — Administrative procedure

Page 1276 TITLE 12—BANKS AND BANKING § 1959 1 See References in Text note below. § 1959. Administrative procedure The administrative procedure and judicial re- view provisions of subchapter II of chapter 5 and chapter 7 of title 5 shall apply to all proceedings under this chapter, section 1829b of this title, and section 1730d 1 of this title. (Pub. L. 91–508, title I, § 129, Oct. 26, 1970, 84 Stat. 1118.) Editorial Notes REFERENCES IN TEXT Section 1730d of this title, referred to in text, was re- pealed by Pub. L. 101–73, title IV, § 407, Aug. 9, 1989, 103 Stat. 363. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth cal- endar month which begins after Oct. 26, 1970, see sec- tion 401(a), (b) of Pub. L. 91–508, set out as a note under section 1951 of this title. § 1960. Safe harbor with respect to keep open di- rectives (a) Definition In this section, the term ‘‘financial institu- tion’’ means an entity to which section 1953(b) of this title applies. (b) Safe harbor With respect to a customer account or cus- tomer transaction of a financial institution, if a Federal law enforcement agency, after notifying FinCEN of the intent to submit a written re- quest to the financial institution that the finan- cial institution keep that account or trans- action open (referred to in this section as a ‘‘keep open request’’), or if a State, Tribal, or local law enforcement agency with the concur- rence of FinCEN submits a keep open

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