The Terrorist Finance Tracking Programme (TFTP) was set up by the U.S. Treasury Department shortly after the terrorist attacks of 11 September 2001. The Programme is helping the U.S. State to identify and prosecute terrorists and terrorist networks. TFTP has significantly contributed to combat terrorism and terrorism financing, both in the U.S.A and in the territory of the EU.
In fulfillment of the TFTP, in 2010, the EU and the U.S.A concluded an Agreement on the processing and transfer of financial messaging data. Purpose of the Agreement is the transfer of financial payment messages referring to financial transfers and related data stored by providers of international financial payment messaging services (and more specially the Society of Worldwide Interbank Financial Telecommunications – SWIFT) to the U.S Treasury Department. Such data are provided to the U.S Treasury Department for the exclusive purpose of the prevention, investigation, detection or prosecution of terrorism or terrorist financing.
Article 15 of the Agreement between the United States of America and the European Union on the Processing and Transfer of Financial Messaging Data from the European Union to the United States for the Purposes of the Terrorist Finance Tracking Program (hereafter: the TFTP Agreement) provides the ability to seek access to personal data processed under the Agreement. Article 16 provides the ability to seek rectification, erasure or blocking of personal data that are inaccurate or processed in contravention of the Agreement. Articles 15 and 16 provide that your national data protection authority will act as intermediary to the U.S. Treasury Department, which administers the TFTP.
If you wish to make a request pursuant to Article 15 and/or Article 16 of the TFTP Agreement, please fill out the attached identification form (Form A), as well as the request form(s) (Form B and/or Form C) and waiver form (Form D). This is the information that is needed by the U.S. Treasury Department to conduct a thorough and accurate review in response to your request.
Proof of identity
Your national data protection authority needs to be satisfied that you are who you say you are. Consequently, we require you to provide evidence of your identity by supplying a photocopy of a driving licence, passport, identity card or other official identity document containing your photograph and bearing your signature. Please see Annex 2 for an overview of the official means of identification in your country.
Your national data protection authority will verify your identity based solely on the information you provide. The photocopy of your proof of identity will not be transferred to the U.S. Treasury Department, but will remain with your national data protection authority. No later than six months after the file related to your Article 15 and/or Article 16 request has been closed, this photocopy will be destroyed. Should there be a reason why you are not able or willing to provide a copy of your means of identification to your national DPA, you can make an appointment to present this document in person. The necessary verifications of your identity will then be made in person at the office of your national DPA.
The Commission for Personal Data Protection will act as intermediary in the process of submitting the requests and exercising your rights. Upon receiving your request, the Commission for Personal Data Protection has the obligation to forward it to the U.S. Treasury Department, following a formal procedure.
