Title 12, Banks and BankingRelease 119-110

§1960 Safe Harbor with Respect to Keep Open Directives

Title 12 › CHAPTER 21 — FINANCIAL RECORDKEEPING › § 1960

Last updated Sep 22, 2026|Official source

Summary

Lets a financial institution keep a customer's account or transaction open when a federal law enforcement agency notifies FinCEN that it will send a written "keep open" request and then sends that request, or when a State, Tribal, or local law enforcement agency sends the request with FinCEN’s agreement. If the institution follows the request’s timing and limits, it will not be liable under this chapter, and no federal or state agency may take adverse supervisory action under this chapter just for complying. Financial institution — an entity covered by section 1953(b) of this title. Agencies may verify a request with the law enforcement agency that sent it. The institution must still meet reporting duties, including suspicious activity reports under section 5318(g) of title 31. The protection does not cover actions before the request date or after the request’s termination date. Each request must include a termination date, and the requesting agency must send FinCEN a copy and, within 2 business days, say whether the institution implemented the request.

Full Legal Text

Title 12, §1960

Banks and Banking, Source: USLM XML via OLRC

(a)Definition
In this section, the term “financial institution” means an entity to which section 1953(b) of this title applies.
(b)Safe harbor (c) Rule of construction
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—
(1)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
(2)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.
(d)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.
(e)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—
(1)submit to FinCEN a copy of the request; and
(2)alert FinCEN as to whether the financial institution has implemented the request.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1960

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110