Guaranteeing Fair Banking for All Americans
This Executive Order directs federal banking regulators and the Small Business Administration (SBA) to take steps to stop what it calls “politicized or unlawful debanking” — the practice of denying or restricting financial services because of a customer’s political or religious beliefs or lawful business activities. It requires regulators to remove guidance language (like “reputation risk”) that could be used to justify such actions, to review past practices and institutions, and to push covered financial institutions to identify and reinstate customers who were improperly denied services. The order also directs the Treasury to develop a broader strategy to address politicized debanking and authorizes regulators to pursue enforcement or referrals where laws (including the Equal Credit Opportunity Act) were violated. Potential impact: the order aims to limit regulators’ and banks’ ability to use non‑legal factors (such as reputational concerns tied to politics) to restrict accounts or services, could lead to banks being asked to reinstate customers and reverse some restrictions, and may prompt changes in supervisory guidance, enforcement actions, and future rulemaking. It could also raise tensions with banks’ existing compliance and risk-management obligations (for example, anti‑money laundering or sanctions screening).
Key Points
- 1Definition and policy: The order defines “politicized or unlawful debanking” as restricting or changing account/services based on political/religious beliefs or lawful activities the bank disfavors, and states the policy that access to banking should be based on individualized, objective, risk‑based analysis, not political views.
- 2Remove “reputation risk” from examiner materials: Within 180 days, federal banking regulators must, to the extent allowed by law, remove references to “reputation risk” or equivalent concepts from guidance, manuals, and non‑rule supervisory materials that could lead to politicized debanking, and issue formal examiner guidance reflecting that change.
- 3SBA requirement to notify and remediate: Within 60 days the SBA must notify institutions it guarantees loans with directives that, within 120 days, those institutions reasonably identify and (where applicable) reinstate customers or payment-processing clients who were denied services through politicized or unlawful debanking, and provide notice to affected customers.
- 4Reviews, enforcement, and referrals: Regulators must (within 120–180 days) review institutions, supervisory practices, and complaint data to identify past or current policies encouraging politicized debanking; where violations are found they may take remedial action (fines, consent decrees, disciplinary measures) consistent with law and may refer religious‑discrimination cases to the Attorney General for civil action.
- 5Treasury strategy and limits: The Secretary of the Treasury must develop a comprehensive strategy within 180 days (in consultation with White House economic staff) considering further measures, including legislative or regulatory options. The order also clarifies it does not itself create private legal rights and must be implemented consistent with law and available appropriations.