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FOREIGN BANK SECRECY AND BANK RECORDS

HEARINGS

BEFORE THE

COMMITTEE ON BANKING AND CURRENCY

HOUSE OF REPRESENTATIVES

NINETY-FIRST CONGRESS

FIRST AND SECOND SESSIONS

ON

H.R. 15073

A BILL TO AMEND THE FEDERAL DEPOSIT INSURANCE ACT
TO REQUIRE INSURED BANKS TO MAINTAIN CERTAIN REC-
ORDS, TO REQUIRE THAT CERTAIN TRANSACTIONS IN U.S.
CURRENCY BE REPORTED TO THE DEPARTMENT OF THE
TREASURY, AND FOR OTHER PURPOSES

DECEMBER 4, 10, 1969; FEBRUARY 10, MARCH 2, AND 9, 1970

41-642

Printed for the use of the
Committee on Banking and Currency

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

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Bartimo, Frank A., Assistant General Counsel, Manpower and Reserve Af-
fairs, Department of Defense..
Desch, Carl W., senior vice president, First National City Bank of New
York, on behalf of the New York Clearing House Association, accom-
panied by Roy C. Haberkern, Jr., Milbank, Tweed, Hadley & McCloy;
and Henry Harfield, Shearman & Sterling-
Dwinell, Lane, Assistant Administrator for Administration, Agency for
International Development, accompanied by Daniel Cohen, Special
Assistant to Chief, Financial Review Division; Leslie A. Grant, Deputy
Counsel; and Robert R. Parker, former attaché and chairman of the
Irregular Practices Committee, American Embassy, Saigon, Vietnam___

Leval, Pierre, former chief attorney, appellate division, southern district

of New York___.

Morgenthau, Robert N., U.S. Attorney for the southern district of New

York.

Pollack, Irving M., Director, Division of Trading and Markets, Securities
and Exchange Commission, accompanied by Stanley Sporkin, Associate
Director; Ira H. Pearce, Special Counsel; and Allan S. Mostoff, Asso-
ciate Director, Division of Corporate Regulation....

Rossides, Hon. Eugene T., Assistant Secretary of the Treasury for Enforce-

ment and Operations, accompanied by Roy T. Englert, Deputy General

Counsel; Robert T. Cole, Special Assistant for International Tax Affairs;

Michael Bradfield, Assistant General Counsel; and Ira Tannebaum,

attorney.

Rossides, Hon. Eugene T., Assistant Secretary of the Treasury for En-

forcement and Operations, accompanied by William Dickey, Deputy

Assistant Secretary; and Robert T. Cole, Special Assistant for Inter-

national Tax Affairs.

Somer, Clifford C., vice president, American Bankers Association, accom-
panied by William Heffelfinger, staff representative, American Bankers
Association__

Thrower, Hon. Randolph W., Commissioner, Internal Revenue Service,

accompanied by Leon C. Green, Deputy Assistant Commissioner for

Compliance; Bernard Meehan, Staff Assistant in Compliance; and Paul

Peppler, Coordinator, Intelligence Division.

Williford, Frederick L., executive vice president, National Microfilm Asso-
ciation, accompanied by Jerry P. Smith, marketing coordinator, financial
markets, Business Systems Markets Division, Eastman Kodak Co.,
Rochester, N. Y.; and Art Spaulding, staff assistant to the vice president,
engineering, Business Equipment Group, Bell & Howell Co., Chicago,
Ill.

Wilson, Hon. Will, Assistant U.S. Attorney General__.

ADDITIONAL INFORMATION SUBMITTED FOR THE

128

316

119

175

312

340

14

American Bankers Association, comments on Treasury Department's
recommendations on H.R. 15073__

335

Committee of Foreign-Owned Banks, comments on bank secrecy legisla- Page
tion, H.R. 15073, and related proposals..

Desch, Carl W., commentary on H.R. 15073.

Eastman Kodak Co., report of the use of microfilm in maintaining records:
Charts showing technical equipment with explanatory data in the
use of microfilm for records_

"Eastman Kodak Division Helps Banks To Find Needle in a Hay-

stack of Corporation Dividend Checks," article from the American

Banker...

"Improving the Proof-Transit Operation," article by Arthur Van
Vlissingen...

"Microfilming Safeguards. Audits Bank Network," article by
W. D. Sullivan, vice president of administration, Seattle First
National Bank.

Kennedy, Hon. David M., Secretary of the Treasury, letter to Hon.
Wright Patman, dated January 13, 1970-

National Association of Securities Dealers, Inc., statement of.

Documents pertaining to SEC's litigation with Investors Overseas

National Association of Supervisors of State Banks, statement of...---

New York Clearing House:

Comments on the testimony of Robert M. Morgenthau on H.R. 15073_

Comments on Treasury Department statement on H.R. 15073..........

Patman, Hon. Wright:

Advertisement of "Swiss Credit Bank," from the Wall Street Journal,

February 9, 1970.

"American Seized in Netherlands in Plot on HRA," article from the

New York Times, January 15, 1969_-

Comparison of Internal Revenue Service testimony, excerpts of
formal and draft statements__

Copies of four checks stolen and forged from the Human Resources
Agency, New York, N. Y., that were deposited in a bank in Switzer-

land.

371
322

343

352

349

164

368

173

29

156

"Report by January 31, United States Directs HRA" article from
the New York Times, January 17, 1969_-

32

State Department telegram approved by Hon. Eugene T. Rossides,
Assistant Secretary of State in regard to Mutual Judicial Assistance
Treaty with Switzerland...

86

"Top Swiss Court Lets U.S. Look at Bank Files," article from the
Washington Post, February 28, 1970---

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Approval of State Department telegram in regard to Mutual Judicial
Assistance Treaty with Switzerland..

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The committee met, pursuant to notice, at 9:15 a.m., in room 2128, Rayburn House Office Building, Hon. Wright Patman (chairman), presiding.

Present: Representatives Patman, Barrett, Sullivan, Reuss, Moorhead, Stephens, St Germain, Gonzalez, Minish, Hanna, Gettys, Annunzio, Rees, Galifianakis, Bevill, Griffin, Hanley, Brasco, Chappell, Widnall, Halpern, Clawson, Stanton, Blackburn, Brown, and Williams.

Chairman PATMAN. The committee will please come to order.

Mr. Morgenthau and Mr. Wilson, you may come around and take the witness stand, if you will, please; and Mr. Leval, will you come forward, please.

This morning we begin hearings on H.R. 15073, a bill to amend the Federal Deposit Insurance Corporation Act to authorize the Secretary of the Treasury to issue regulations requiring the maintenance of certain records by commercial banks. Further, the bill requires the filing of reports and maintenance of records pursuant to regulations issued by the Secretary, by those who do business with foreign financial institutions in jurisdictions with bank secrecy laws. (The text of H.R. 15073 follows:)

[H.R. 15073, 91st Cong., first sess.]

A BILL To amend the Federal Deposit Insurance Act to require insured banks to maintain certain records, to require that certain transactions in United States currency be reported to the Department of the Treasury, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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101. Retention of records by insured banks.

Section 101. Retention of records by insured banks

The Federal Deposit Insurance Act is amended (1) by redesignating sections 21 and 22 as 22 and 23, respectively, and (2) by inserting the following new section immediately after section 20:

"SEC. 21. (a) The purposes of this section are (1) to facilitate the supervision of the business of banking, (2) to aid duly constituted authorities in lawful investi(1)

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