Title 31, Money and FinanceRelease 119-110

§5333 Safe Harbor with Respect to Keep Open Directives

Title 31 › SUBTITLE IV — MONEY › CHAPTER 53 — MONETARY TRANSACTIONS › SUBCHAPTER II — RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS › § 5333

Last updated Sep 22, 2026|Official source

Summary

Allows federal law enforcement (after telling FinCEN they plan to send a written request) or State, Tribal, or local agencies (with FinCEN’s agreement) to send a written "keep open" request asking a financial institution to keep a customer account or transaction open for a set time. If the bank follows the request’s terms and timing, the bank won’t be held liable under this law for keeping the account open, and no federal or state agency may punish the bank just for following that request. Law enforcement may check that the request is valid. Banks must still follow all reporting rules, including reporting suspicious activity. The protection does not cover actions taken before the request date or after the request’s termination date. Each request must include a termination date. Within 2 business days after sending the request to the bank, the law enforcement agency must send a copy to FinCEN and tell FinCEN whether the bank implemented it. The Treasury Secretary, with the Attorney General and law enforcement, must issue guidance on what a keep open request must include.

Full Legal Text

Title 31, §5333

Money and Finance, Source: USLM XML via OLRC

(a)In General.—

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 subchapter 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 subchapter with respect to the financial institution solely for maintaining that account or transaction consistent with the parameters of the request.

(b)Rule of Construction.—

Nothing in this section may be construed—

(1)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;

(2)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

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

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

(B)after the termination date stated in the keep open request.

(c)Letter Termination Date.—

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.

(d)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.

(e)Guidance.—

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.

Reference

Citations & Metadata

Citation

31 U.S.C. § 5333

Title 31, Money and Finance

Last Updated

Sep 22, 2026

Release point: 119-110