17 August 1997 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------ From the Privacy Act Online via GPO Access [wais.access.gpo.gov] [DOCID:tres_oth-26] DEPARTMENT OF TREASURY Treasury/DO .200 System name: FinCEN Data Base--Treasury/DO. System location: The Financial Crimes Enforcement Network, 2070 Chain Bridge Road, Vienna, VA 22182. Categories of individuals covered by the system: (1) Individuals who relate in any manner to official FinCEN efforts in support of the enforcement of the Bank Secrecy Act and money- laundering and other financial crimes. Such individuals may include, but are not limited to, subjects of investigations and prosecutions; suspects in investigations; victims of such crimes; witnesses in such investigations and prosecutions; and close relatives and associates of any of these individuals who may be relevant to an investigation; (2) Current and former FinCEN personnel whom FinCEN considers relevant to an investigation or inquiry; (3) individuals who are the subject of unsolicited information possibly relevant to violations of law or regulations, who offer unsolicited information relating to such violations, who request assistance from FinCEN, and who make inquiries of FinCEN. Categories of records in the system: Every possible type of information that contributes to effective law enforcement may be maintained in this system of records, including, but not limited to, subject files on individuals, corporations, and other legal entities; information provided pursuant to the Bank Secrecy Act; information gathered pursuant to search warrants; statements of witnesses; information relating to past queries of the FinCEN Data Base; criminal referral information; complaint information; identifying information regarding witnesses, relatives, and associates; investigative reports; and intelligence reports. Authority for maintenance of the system. 5 U.S.C. 301, 31 U.S.C. 5311 et seq.; 31 CFR part 103; Treasury Department Order No. 105-08 (April 25, 1990). Routine uses of records maintained in the system including categories of users and the purposes of such uses: Records in this system may be used to: (1) Provide responses to queries from Federal, State, territorial, and local law enforcement and regulatory agencies, both foreign and domestic, regarding Bank Secrecy Act and other financial crime enforcement; (2) furnish information to other Federal, State, local, territorial, and foreign law enforcement and regulatory agencies responsible for investigating or prosecuting the violations of, or for enforcing or implementing a statute, rule, regulation, order, or license, where FinCEN becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation; (3) furnish information to the Department of Defense, to support its role in the detection and monitoring of aerial and maritime transit of illegal drugs into the United States and any other role in support of law enforcement that the law may mandate; (4) respond to queries from INTERPOL in accordance with agreed coordination procedures between FinCEN and INTERPOL; (5) furnish information to individuals and organizations, in the course of enforcement efforts, to the extent necessary to elicit information pertinent to financial law enforcement; (6) furnish information to a court, magistrate or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation or settlement negotiations, in response to a subpoena, or in connection with civil or criminal law proceedings; (7) furnish information to the news media in accordance with the guidelines contained in 28 CFR 50.2, which relate to civil and criminal proceedings; and (8) furnish information to the Department of State and the Intelligence community to further those agencies' efforts with respect to national security and the foreign aspects of international narcotics trafficking. Policies and practices for storing, retrieving, accessing, retaining and disposing of records in the system: Storage: Magnetic media and hard copy. Retrievability: By name, address, or unique identifying number. Safeguards: All FinCEN personnel accessing the system will have successfully passed a background investigation. FinCEN will furnish information from the system of records to approved personnel only on a ``need to know'' basis using passwords and access control. Procedural and physical safeguards to be utilized include the logging of all queries and periodic review of such query logs; compartmentalization of information to restrict access to authorized personnel; physical protection of sensitive hard copy information; encryption of electronic communications; intruder alarms; and 24-hour building guards. Retention and disposal: FinCEN personnel will review records each time a record is retrieved and on a periodic basis to see whether it should be retained or modified. FinCEN will dispose of all records after six years and will never retain any record for more than seven years. Records will be disposed of by erasure of magnetic media and by shredding and/or burning of hard copy documents. System manager(s) and address: Director, Financial Crimes Enforcement Network, 2070 Chain Bridge Road, Vienna, VA 22182. Notification procedure: Pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2), this system of records may not be accessed for purposes of determining if the system contains a record pertaining to a particular individual. Record access procedures: See ``Notification procedure'' above. Contesting record procedures: See ``Notification procedure'' above. Record source categories: See ``Categories of individuals covered by the system'' above. The system contains material for which sources need not be reported. Exemptions claimed for the system: This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).