Bank Secrecy Act (BSA)
[CITE: 31CFR103.75]
Title 31--Money and Finance: Treasury
CHAPTER I--MONETARY OFFICES, DEPARTMENT OF THE TREASURY
PART 103--FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS
Subpart F_Summons
Sec. 103.75 Examination of witnesses and records.
(a) General. Any delegate of the Secretary authorized under Sec. 103.72 of this part to issue a summons, or any officer or employee of the Treasury Department or any component thereof who is designated by that person (whether in the summons or otherwise), is hereby authorized to receive evidence and to examine witnesses pursuant to the summons. Any person authorized by law may administer any oaths and affirmations that may be required under this subpart.
(b) Testimony taken under oath. Testimony of any person under this part may be taken under oath, and shall be taken down in writing by the person examining the person summoned or shall be otherwise transcribed. After the testimony of a witness has been transcribed, a copy of that transcript shall be made available to the witness upon request, unless for good cause the person issuing the summons determines, under 5 U.S.C. 555, that a copy should not be provided. If such a determination has been made, the witness shall be limited to inspection of the official transcript of the testimony.
(c) Disclosure of summons, testimony, or records. Unless the Secretary or a delegate of the Secretary listed under Sec. 103.72(a) of this part so authorizes in writing, or it is otherwise required by law, no delegate of the Secretary listed under Sec. 103.72 (b) or (c) of this part or other officer or employee of the Treasury Department or any component thereof shall--
- (1) Make public the name of any person to whom a summons has been issued under this part, or release any information to the public concerning that person or the issuance of a summons to that person prior to the time and date set for that person's appearance or production of records; or
- (2) Disclose any testimony taken (including the name of the witness) or material presented pursuant to the summons, to any person other than an officer or employee of the Treasury Department or of any component thereof.
Nothing in the preceding sentence shall preclude a delegate of the Secretary, or other officer or employee of the Treasury Department or any component thereof, from disclosing testimony taken, or material presented pursuant to a summons issued under this part, to any person in order to obtain necessary information for investigative purposes relating to the performance of official duties, or to any officer or employee of the Department of Justice in connection with a possible violation of Federal law.
[52 FR 23979, June 26, 1987. Redesignated and amended at 64 FR 45451, 45453, Aug. 20, 1999]
