For our exam, they're asking for a certificates of compliance received on subpoenas. We've looked through all that we've received, and we don't have any that included a certificate of compliance. Is this provided only by certain agencies? Are we supposed to ask for this if they don't send us one? Or if most of our subpoenas are from exempt entities, is it ok not to have one? Haven't worked too closely with these before, so not quite sure what to provide to them.

What type of subpoenas? Most subpoenas are not even covered under the RFPA.

If you get a subpoena from a federal agency; e.g. DOJ, you should require a certificate of compliance from them before you turn over the documents they demand. (That does not apply to the IRS.) A requirement for such a certificate at the state or local level would be possible under state law, but your examiners would probably not be asking about state law requirements.

Knowing that, go back to the examiner who made the request and ask for clarification.

We have one where it's a federal court subpoena, but it was sent to us from a law firm- not the court. The court wasn't the party in this case- it was private civil lawsuit. So would one be needed in that case?

Except as provided by section 3403(c) or (d), 3413, or 3414 of this title, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution ....

“Government authority” means any agency or department of the United States, or any officer, employee, or agent thereof;


If is not a Government authority, than you would have to look at State law. Even if you think it is a government authority, there are exceptions, like for the IRS.

We received an administration subpoena from the DOJ/DEA. The subpoena does not include a certificate of compliance with the RTFPA; therefore, we should not release any records until we receive the certificate of compliance, correct? This government agency is not exempt from the rule, correct?

Thanks.

I found the exception under limited law enforcement inquiries, the administration subpoena is only requesting the account number, type of account, name and address. The RFPA does not apply.

Thank you.