Executive Order 14331, Guaranteeing Fair Banking for All Americans, 90 FR 38925, FR Doc 2025-15341

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Banking

2025-08-12

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Federal Register / Vol. 90, No. 153 / Tuesday, August 12, 2025 / Presidential Documents                      38925

                                                                                                     Presidential Documents

                                                                                                     Executive Order 14331 of August 7, 2025

                                                                                                     Guaranteeing Fair Banking for All Americans

                                                                                                     By the authority vested in me as President by the Constitution and the
                                                                                                     laws of the United States of America, it is hereby ordered:
                                                                                                     Section 1. Purpose. Financial institutions have engaged in unacceptable
                                                                                                     practices to restrict law-abiding individuals’ and businesses’ access to finan-
                                                                                                     cial services on the basis of political or religious beliefs or lawful business
                                                                                                     activities. Some financial institutions participated in Government-directed
                                                                                                     surveillance programs targeting persons participating in activities and causes
                                                                                                     commonly associated with conservatism and the political right following
                                                                                                     the events that occurred at or near the United States Capitol on January
                                                                                                     6, 2021. The Federal Government suggested that such institutions flag indi-
                                                                                                     viduals who made transactions related to companies like ‘‘Cabela’s’’ and
                                                                                                     ‘‘Bass Pro Shop’’ or who made peer-to-peer payments that involved terms
                                                                                                     like ‘‘Trump’’ or ‘‘MAGA,’’ even though there was no specific evidence
                                                                                                     tying those individuals to criminal conduct.
                                                                                                     Bank regulators have used supervisory scrutiny and other influence over
                                                                                                     regulated banks to direct or otherwise encourage politicized or unlawful
                                                                                                     debanking activities. ‘‘Operation Chokepoint,’’ for example, was a well-docu-
                                                                                                     mented and systemic means by which Federal regulators pushed banks
                                                                                                     to minimize their involvement with individuals and companies engaged
                                                                                                     in lawful activities and industries disfavored by regulators based on factors
                                                                                                     other than individualized, objective, risk-based standards.
                                                                                                     As a result, individuals, their businesses, and their families have been sub-
                                                                                                     jected to debanking on the basis of their political affiliations, religious beliefs
                                                                                                     or lawful business activities, and have suffered frozen payrolls, debt and
                                                                                                     crushing interest, and other significant harms to their livelihoods, reputations,
                                                                                                     and financial well-being. Such practices are incompatible with a free society
                                                                                                     and the principle that the provision of banking services should be based
                                                                                                     on material, measurable, and justifiable risks. Such practices, when wielded
                                                                                                     to discriminate against customers and businesses in credit transactions due
                                                                                                     to their religion, are also unlawful under the Equal Credit Opportunity
                                                                                                     Act (15 U.S.C. 1691 et seq.). They further undermine public trust in banking
                                                                                                     institutions and their regulators, discriminate against political beliefs and
                                                                                                     free expression of those beliefs, and weaponize a politicized regulatory state.
                                                                                                     Sec. 2. Policy. It is the policy of the United States that no American should
                                                                                                     be denied access to financial services because of their constitutionally or
                                                                                                     statutorily protected beliefs, affiliations, or political views, and to ensure
                                                                                                     that politicized or unlawful debanking is not used as a tool to inhibit
                                                                                                     such beliefs, affiliations, or political views. Banking decisions must instead
                                                                                                     be made on the basis of individualized, objective, and risk-based analyses.
                                                                                                     Sec. 3. Definitions. (a) The term ‘‘politicized or unlawful debanking’’ refers
                                                                                                     to an act by a bank, savings association, credit union, or other financial

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                                                                                                     services provider to directly or indirectly adversely restrict access to, or
                                                                                                     adversely modify the conditions of, accounts, loans, or other banking prod-
                                                                                                     ucts or financial services of any customer or potential customer on the
                                                                                                     basis of the customer’s or potential customer’s political or religious beliefs,
                                                                                                     or on the basis of the customer’s or potential customer’s lawful business
                                                                                                     activities that the financial service provider disagrees with or disfavors for
                                                                                                     political reasons.

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                                                 38926              Federal Register / Vol. 90, No. 153 / Tuesday, August 12, 2025 / Presidential Documents

                                                                                                        (b) The term ‘‘Federal banking regulators’’ refers to the Small Business
                                                                                                     Administration (SBA) and the Federal member agencies of the Financial
                                                                                                     Stability Oversight Council with supervisory and regulatory authority over
                                                                                                     banks, savings associations, or credit unions.
                                                                                                     Sec. 4. Removing Reputation Risk and Politicized or Unlawful Debanking.
                                                                                                     (a) Within 180 days of the date of this order, each appropriate Federal
                                                                                                     banking regulator shall, to the greatest extent permitted by law, remove
                                                                                                     the use of reputation risk or equivalent concepts that could result in politi-
                                                                                                     cized or unlawful debanking, as well as any other considerations that could
                                                                                                     be used to engage in such debanking, from their guidance documents, manu-
                                                                                                     als, and other materials (other than existing regulations or other materials
                                                                                                     requiring notice-and-comment rulemaking) used to regulate or examine finan-
                                                                                                     cial institutions over which they have jurisdiction. The removal of such
                                                                                                     concepts shall be made clear by each appropriate Federal banking regulator
                                                                                                     through formal guidance to their examiners. The Federal banking regulators
                                                                                                     shall also consider rescinding or amending existing regulations, consistent
                                                                                                     with applicable law, to eliminate or amend any regulations that could result
                                                                                                     in politicized or unlawful debanking and to ensure that any regulated firm’s
                                                                                                     or individual’s reputation is considered for regulatory, supervisory, banking,
                                                                                                     or enforcement purposes solely to the extent necessary to reach a reasonable
                                                                                                     and apolitical risk-based assessment.
                                                                                                        (b) The SBA shall, within 60 days of the date of this order, give notice
                                                                                                     to all financial institutions with which it guarantees loans under its lending
                                                                                                     programs, requiring that each financial institution that is subject to the
                                                                                                     SBA’s jurisdiction and supervision:
                                                                                                        (i) within 120 days of the date of this order, makes reasonable efforts
                                                                                                        to identify and reinstate any previous clients of the institution or any
                                                                                                        subsidiaries denied service through a politicized or unlawful debanking
                                                                                                        action in violation of a statutory or regulatory requirement under section
                                                                                                        7(a) of the Small Business Act (15 U.S.C. 636) or any requirement in
                                                                                                        a Standard Operating Procedures Manual or Policy Notice related to a
                                                                                                        program or function of the Office of Capital Access, with notice of the
                                                                                                        reinstatement sent to the victim;
                                                                                                       (ii) within 120 days of the date of this order, identifies all potential
                                                                                                       clients denied access to financial services provided by the financial institu-
                                                                                                       tion or any subsidiaries through a politicized or unlawful debanking action
                                                                                                       in violation of a statutory or regulatory requirement under section 7(a)
                                                                                                       of the Small Business Act or any requirement in a Standard Operating
                                                                                                       Procedures Manual or Policy Notice related to a program or function
                                                                                                       of the Office of Capital Access, and provides notice to each victim advising
                                                                                                       of the denied access and the renewed option to engage in such services
                                                                                                       previously denied; and
                                                                                                        (iii) within 120 days of the date of this order, identifies all potential
                                                                                                        clients denied access to payment processing services provided by the
                                                                                                        financial institution or any subsidiaries through a politicized or unlawful
                                                                                                        debanking action in violation of a statutory or regulatory requirement
                                                                                                        under section 7(a) of the Small Business Act or any requirement in a
                                                                                                        Standard Operating Procedures Manual or Policy Notice related to a pro-
                                                                                                        gram or function of the Office of Capital Access, and provides notice
                                                                                                        to each victim advising of the denied access and the renewed option
                                                                                                        to engage in such services previously denied.
                                                                                                     Sec. 5. Scrutinizing Politicized or Unlawful Debanking. (a) Within 180 days
                                                                                                     of the date of this order, the Secretary of the Treasury, in consultation
                                                                                                     with the Assistant to the President for Economic Policy, shall develop a

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                                                                                                     comprehensive strategy for further measures to combat politicized or unlaw-
                                                                                                     ful debanking activities of financial regulators and financial institutions
                                                                                                     across the Federal Government, including consideration of legislative or
                                                                                                     regulatory options to eliminate such debanking.
                                                                                                        (b) Within 120 days of the date of this order, each Federal banking regulator
                                                                                                     shall conduct a review to identify financial institutions subject to its jurisdic-
                                                                                                     tion that have had any past or current, formal or informal, policies or

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                                                                    Federal Register / Vol. 90, No. 153 / Tuesday, August 12, 2025 / Presidential Documents                      38927

                                                                                                     practices that require, encourage, or otherwise influence such financial insti-
                                                                                                     tution to engage in politicized or unlawful debanking and to take appropriate
                                                                                                     remedial action, to the extent authorized and consistent with applicable
                                                                                                     law, including levying fines, issuing consent decrees, or imposing other
                                                                                                     disciplinary measures against any financial institution subject to the jurisdic-
                                                                                                     tion of such Federal banking regulator that such Federal banking regulator
                                                                                                     finds has engaged in politicized or unlawful debanking that violates applica-
                                                                                                     ble law (including section 5 of the Federal Trade Commission Act (15
                                                                                                     U.S.C. 45), section 1031 of the Consumer Financial Protection Act (12 U.S.C.
                                                                                                     5531), and the Equal Credit Opportunity Act).
                                                                                                        (c) Within 180 days of the date of this order, the Federal banking regulators
                                                                                                     shall review their current supervisory and complaint data to identify any
                                                                                                     financial institution that has engaged in unlawful debanking on the basis
                                                                                                     of religion and, if such financial institution is unable to obtain compliance
                                                                                                     within the meaning of 15 U.S.C. 1691 and 1691e(g), refer such matters
                                                                                                     to the Attorney General for an appropriate civil action, as appropriate.
                                                                                                     Sec. 6. General Provisions. (a) Nothing in this order shall be construed
                                                                                                     to impair or otherwise affect:
                                                                                                       (i) the authority granted by law to an executive department or agency,
                                                                                                       or the head thereof; or
                                                                                                       (ii) the functions of the Director of the Office of Management and Budget
                                                                                                       relating to budgetary, administrative, or legislative proposals.
                                                                                                       (b) This order shall be implemented consistent with applicable law and
                                                                                                     subject to the availability of appropriations.
                                                                                                       (c) This order is not intended to, and does not, create any right or benefit,
                                                                                                     substantive or procedural, enforceable at law or in equity by any party
                                                                                                     against the United States, its departments, agencies, or entities, its officers,
                                                                                                     employees, or agents, or any other person.
                                                                                                       (d) The costs for publication of this order shall be borne by the Small
                                                                                                     Business Administration.

                                                                                                     THE WHITE HOUSE,

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                                                                                                     August 7, 2025.

                                                 [FR Doc. 2025–15341

                                                 Filed 8–11–25; 11:15 am]
                                                 Billing code 8026–09–P

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