Appendix N to Subpart C of Part 1 - Financial Crimes Enforcement Network
31:1.1.1.1.2.3.1.17.23 : Appendix N
Appendix N to Subpart C of Part 1 - Financial Crimes Enforcement
Network
1. In general. This appendix applies to the Financial
Crimes Enforcement Network (FinCEN). It sets forth specific
notification and access procedures with respect to particular
systems of records, and identifies the officers designated to make
the initial determinations with respect to notification and access
to records and accountings of disclosures of records. This appendix
also sets forth the specific procedures for requesting amendment of
records and identifies the officers designated to make the initial
and appellate determinations with respect to requests for amendment
of records. It identifies the officers designated to grant
extensions of time on appeal, the officers with whom “Statements of
Disagreement” may be filed, the officer designated to receive
service of process and the addresses for delivery of requests,
appeals, and service of process. In addition, it references the
notice of systems of records and notices of the routine uses of the
information in the system required by 5 U.S.C. 552a(4) and (11) and
published biennially by the Office of the Federal Register in
“Privacy Act Issuances.”
2. Requests for notification and access to records and
accountings of disclosures. Initial determinations under 31 CFR
1.26, whether to grant requests for notification and access to
records and accountings of disclosures for FinCEN will be made by
the Freedom of Information/Privacy Act officer, FinCEN. Requests
may be mailed to: Privacy Act Request, Financial Crimes Enforcement
Network, Post Office Box 39, Vienna, VA 22183.
3. Requests for amendments of records. Initial
determinations under 31 CFR 1.27(a) through (d) whether to grant
requests to amend records maintained by FinCEN will be made by the
Freedom of Information/Privacy Act officer, FinCEN. Requests may be
mailed to: Privacy Act Request, Financial Crimes Enforcement
Network, Post Office Box 39, Vienna, VA 22183.
4. Verification of Identity. An individual seeking
notification or access to records, or seeking to amend a record, or
seeking an accounting of disclosures, must satisfy one of the
following identification requirements before action will be taken
by FinCEN on any such request:
(i) An individual may establish identity through the mail by a
signature, address, and one other identifier such as a photocopy of
a driver's license or other official document bearing the
individual's signature.
(ii) Notwithstanding this paragraph (4)(i), an individual may
establish identity by providing a notarized statement, swearing or
affirming to such individual's identity and to the fact that the
individual understands the penalties provided in 5 U.S.C.
552a(i)(3) for requesting or obtaining access to records under
false pretenses.
(iii) Notwithstanding this paragraph (4)(i) and (ii), the
Freedom of Information Act/Privacy Act Officer or other designated
official may require additional proof of an individual's identity
before action will be taken on any request, if such official
determines that it is necessary to protect against unauthorized
disclosure of information in a particular case. In addition, a
parent of any minor or a legal guardian of any individual will be
required to provide adequate proof of legal relationship before
such person may act on behalf of such minor or such individual.
5. Administrative appeal of initial determinations refusing
amendment of records. Appellate determinations refusing
amendment of records under 31 CFR 1.27(e) including extensions of
time on appeal with respect to the records of FinCEN will be made
by the Director of FinCEN or the delegate of the Director. Appeals
should be addressed to: Privacy Act Amendment Appeal, Financial
Crimes Enforcement Network, Post Office Box 39, Vienna, VA
22183.
6. Statements of Disagreement. “Statements of
Disagreement” as described in 31 CFR 1.27(e)(4) shall be filed with
the official signing the notification of refusal to amend at the
address indicated in the letter of notification within 35 days of
the date of such notification and should be limited to one
page.
7. Service of Process. Service of process will be
received by the Chief Counsel of FinCEN and shall be delivered to
the following location: Office of Chief Counsel, Financial Crimes
Enforcement Network, Post Office Box 39, Vienna, VA 22183.
8. Biennial notice of systems of records. The biennial
notice of systems of records is published by the Office of the
Federal Register, as specified in 5 U.S.C. 552a(f). The publication
is entitled “Privacy Act Issuances.” Any specific requirements for
access, including identification requirements, in addition to the
requirements set forth in 31 CFR 1.26 and 1.27 and paragraph 4 of
this appendix are indicated in the notice for the pertinent
system.
[68 FR 55311, Sept. 25, 2003]