The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) jointly issued a final rule that codifies the removal of reputation risk from their supervisory programs and limits how the agencies can use supervisory tools in ways that could restrict access to banking services. The rule prohibits the agencies from criticizing or taking adverse action against a supervised institution on the basis of reputation risk, and from requiring, instructing, or encouraging institutions to close accounts, deny or alter services, or change business relationships based on a customer’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or solely on politically disfavored but lawful business activities perceived to present reputation risk. The final rule defines “reputation risk” as a risk that actions or inaction could negatively affect public perception for reasons not clearly and directly related to the institution’s financial or operational condition, and broadens the prohibition on punitive or discouraging supervisory actions so it applies to bias by the agencies or any of their personnel. It also defines “adverse action” broadly to include informal and formal negative feedback, rating downgrades, denials of filings or licensing applications, heightened requirements (including conditions on approvals), and capital requirement adjustments. The agencies state the rule is intended to avoid subjectivity and potential misuse of reputation risk as a supervisory lever, including concerns referenced in Executive Order 14331. The rule becomes effective 60 days after publication in the Federal Register. It preserves the agencies’ authority to implement and enforce Bank Secrecy Act and anti-money laundering requirements and does not affect Office of Foreign Assets Control sanctions compliance, while prohibiting the use of those frameworks as a pretext to continue reputation risk-based supervision.
Federal Deposit Insurance Corporation 2026-04-07
Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation issue final rule barring supervisory use of reputation risk
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation issued a final rule removing reputation risk from their supervisory programs and restricting use of supervisory tools to limit access to banking services. The rule bars adverse supervisory action based on reputation risk or customers’ political, social, cultural, or religious views, constitutionally protected speech, or politically disfavored but lawful activities, and defines “adverse action” broadly. It preserves the agencies’ authority under the Bank Secrecy Act, anti-money laundering rules, and Office of Foreign Assets Control sanctions, while barring their use as a pretext for reputation risk-based supervision.