Federal · Title 12 — Banks and Banking
12 U.S.C. § 1960: Safe harbor with respect to keep open directives
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In this section, the term “financial institution” means an entity to which section 1953(b) of this title applies. 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. 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 before the date of the keep open request to maintain a customer account; or after the termination date stated in the keep open request. 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. submit to FinCEN a copy of the request; and alert FinCEN as to whether the financial institution has implemented the request.
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