Federal · Title 31 — Money and Finance

31 U.S.C. § 5333: Safe harbor with respect to keep open directives

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the financial institution shall not be liable under this subchapter 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 subchapter 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 (a) with the law enforcement agency submitting that request; to relieve a financial institution from complying with any reporting requirements or any other provisions of this subchapter, including the reporting of suspicious transactions under section 5318(g); 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 (a) 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. The Secretary of the Treasury, in consultation with the Attorney General and Federal, State, Tribal, and local law enforcement agencies, shall issue guidance on the required elements of a keep open request.

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