§ 1960. Safe harbor with respect to keep open directives

Statutory text

Definition

In this section, the term “financial institution” means an entity to which section 1953(b) of this title applies.

Safe harbor

With respect to a customer account or customer transaction of a financial institution, if a Federal law enforcement agency, after notifying FinCEN of the intent to submit a written request to the financial institution that the financial institution keep that account or transaction open (referred to in this section as a “keep open request”), or if a State, Tribal, or local law enforcement agency with the concurrence of FinCEN submits a keep open request—

the financial institution shall not be liable under this chapter for maintaining that account or transaction consistent with the parameters and timing of the request; and

no Federal or State department or agency may take any adverse supervisory action under this chapter with respect to the financial institution solely for maintaining that account or transaction consistent with the parameters of the request.

Rule of construction

Nothing in this section may be construed—

to prevent a Federal or State department or agency from verifying the validity of a keep open request submitted under subsection (b) with the law enforcement agency submitting that request;

to relieve a financial institution from complying with any reporting requirements, including the reporting of suspicious transactions under section 5318(g) of title 31; or

to extend the safe harbor described in subsection (b) to any actions taken by the financial institution—

before the date of the keep open request to maintain a customer account; or

after the termination date stated in the keep open request.

Letter termination date

For the purposes of this section, any keep open request submitted under subsection (b) shall include a termination date after which that request shall no longer apply.

Record keeping

Any Federal, State, Tribal, or local law enforcement agency that submits to a financial institution a keep open request shall, not later than 2 business days after the date on which the request is submitted to the financial institution—

submit to FinCEN a copy of the request; and

alert FinCEN as to whether the financial institution has implemented the request.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2021
Pub. L. 91–508 title I § 130 · 84 Stat. 1114
Enacted · 12 U.S.C. § 1960
(Pub. L. 91–508, title I, § 130, as added Pub. L. 116–283, div. F, title LXIII, § 6306(a)(2), Jan. 1, 2021, 134 Stat. 4588.)
Source evidence
Code source credit
(Pub. L. 91–508, title I, § 130, as added Pub. L. 116–283, div. F, title LXIII, § 6306(a)(2), Jan. 1, 2021, 134 Stat. 4588.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Pub. L. 91–508, title I, § 130, as added Pub. L. 116–283, div. F, title LXIII, § 6306(a)(2), Jan. 1, 2021, 134 Stat. 4588.)