Sec. 13. Requirements for deposit account termination requests and orders
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An appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless— the agency has a valid reason for such request or order; and such reason is not based solely on reputation risk. If an appropriate Federal banking agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which— poses a threat to national security; is involved in terrorist financing; is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the State Sponsors of Terrorism list; is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or does business with any entity described in subparagraph
(C)or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph
(C)or (D), such belief shall satisfy the requirement under paragraph (1). If an appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall— provide such request or order to the institution in writing; and accompany such request or order with a written justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer or group of customers, if any. A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. Except as provided under paragraph
(2)or as otherwise prohibited from being disclosed by law, if an appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the specific customer or group of customers of the justification for the customer’s account termination described under subsection (b). If an appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described under subsection (a)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the customer’s account termination. If an appropriate Federal banking agency determines that the notice required under paragraph
(1)may interfere with an authorized criminal investigation, neither the depository institution nor the appropriate Federal banking agency may inform the specific customer or group of customers of the justification for the customer’s account termination. Each appropriate Federal banking agency shall issue an annual report to the Congress stating— the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the previous year; and the legal authority on which the agency relied in making such requests and orders and the frequency on which the agency relied on each such authority. For purposes of this section: The term appropriate Federal banking agency means— the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and the National Credit Union Administration, in the case of an insured credit union. The term depository institution means— a depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and an insured credit union.
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Sec. 13
Requirements for deposit account termination requests and orders
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