ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Ninth Circuit affirms IEEPA shields BofA from liability for good faith sanctions compliance actions

May 1, 2026
Reading Time: 3 mins read
Ninth Circuit affirms IEEPA shields BofA from liability for good faith sanctions compliance actions

International Emergency Economic Powers Act
Nia v. Bank of America
Date: April 13, 2026

Issue: Whether the district court erred in holding that the International Emergency Economic Powers Act (IEEPA) shields BofA from liability for restricting or closing accounts under sanctions-compliance policies adopted in reliance on federal guidance.

Case Summary: In a unanimous decision, a Ninth Circuit panel affirmed a California federal court’s decision and held that the International Emergency Economic Powers Act shielded BofA from a lawsuit alleging it unlawfully restricted accounts.

As background, the Office of Foreign Assets Control (OFAC) promulgated the Iranian Transactions and Sanctions Regulations (ITSR), which prohibit U.S. financial institutions from providing financial services to accounts held by persons who ordinarily reside in Iran, unless those persons are located outside Iran. The IEEPA authorizes the President to impose sanctions on foreign countries that pose unusual and extraordinary threats and protects good-faith actions.

In August 2021, Mohammad Farshad Abdollah Nia sued BofA, alleging it unlawfully restricted and closed his credit card account under its sanctions compliance policies. BofA adopted these policies to comply with the IEEPA and OFAC regulations. Under the policy, BofA required certain customers, including Iranian citizens, to submit periodic proof of residence outside sanctioned jurisdictions. Nia opened his account in 2015 and initially provided acceptable documentation, but later submitted a Form I-797C, which BofA treated as temporary proof. When he did not provide updated documentation after repeated requests, BofA restricted his account on October 1, 2019, and closed it on October 21. Nia later filed an amended class action complaint alleging BofA violated the Equal Credit Opportunity Act (ECOA) and California Unfair Competition Law (UCL)

Judge Cynthia Bashant of the Southern District of California ruled for BofA on most claims and held that IEEPA’s liability shield protected BofA because it acted in good faith to comply with federal sanctions requirements. The court ruled that through its shield provision, the IEEPA bars liability for actions taken in reliance on sanctions regulations, which defeated Nia’s discrimination and related claims. The court granted summary judgment for BofA on those claims and allowed only a narrow ECOA claim, along with a related UCL claim, to proceed. Nia appealed the district court’s decision.

On appeal, the panel affirmed the district court’s decision and rejected Nia’s argument that IEEPA’s shield provision applies only to actions compelled by the ITSR. The panel clarified that the IEEPA includes actions taken under or based on sanctions laws and guidelines, which permit discretion without compulsion. The panel concluded BofA’s customer risk management policy fell within that protection because it aligned with OFAC regulations and guidance designed to prevent the servicing of accounts tied to sanctioned countries. The panel also emphasized that BofA acted in good faith, noting that any errors in its communications about acceptable documentation did not show bad faith and that BofA repeatedly provided notice of deadlines and the need for updated proof. Thus, the panel concluded  IEEPA’s liability shield applied and barred Nia’s claims.

The panel also rejected Nia’s argument that unnecessarily discriminatory actions inherently lack good faith. Nia pointed to two letters from third parties criticizing BofA’s policy as “reliable evidence” of bad faith. Still, the panel found that those letters did not prove BofA acted in bad faith. The panel explained that outside criticism does not determine good faith. The panel also stressed that BofA applied its customer risk management policy based on citizenship, in line with OFAC guidance, which allows financial institutions to consider such factors when managing sanctions risk. As a result, the panel concluded that Nia failed to raise a genuine issue about BofA’s good faith.

Finally, the panel rejected Nia’s argument that seven CFPB complaints proved that BofA’s actions were not taken in good faith. The panel explained third-party complaints do not show bad faith and do not control that analysis. The panel added that even if the complaints could raise a factual issue, a small number of complaints do not show a broader pattern of misconduct. The panel noted that BofA has served about 67,000 Iranian citizen accountholders since 2016, and that a few alleged errors do not show a lack of good faith. The panel thus concluded that Nia failed to raise a genuine issue of material fact on BofA’s good faith.

Bottom Line: The Ninth Circuit confirmed that the International Emergency Economic Powers Act broadly shields banks from liability when they take good faith actions in reliance on sanctions laws and guidance, even if those actions are discretionary and later challenged as discriminatory.

Document: Opinion

 

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Nov. 9

Uncategorized
November 9, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control and the Department of State.

Supreme Court upholds government authority to dismiss False Claims Act cases

Eighth Circuit affirms vacatur of Regulation II

Uncategorized
November 3, 2026

While the Eighth Circuit vacated Reg. II, the Sixth Circuit has yet to issue its decision in Linney’s Pizza. There, a Kentucky federal court granted summary judgment to the Fed and rejected the merchant’s challenge to Reg. II.

U.S. Supreme Court vacates Ninth Circuit preemption decision

U.S. Supreme Court to review discovery ruling in DOGE FOIA lawsuit

Uncategorized
November 3, 2026

The U.S. Supreme Court agreed to review a D.C. Circuit ruling allowing discovery to determine whether the U.S. DOGE Service qualifies as an agency subject to the Freedom of Information Act.

Minnesota dismisses cash-sweep program lawsuit against U.S. Bancorp

Southern District of New York rules Merrill Lynch but not BofA must face cash sweep lawsuit

Uncategorized
November 3, 2026

A New York federal court dismissed a class action against Bank of America Corporation, Bank of America N.A. and Managed Account Advisors LLC but allowed claims against Merrill Lynch to proceed in a lawsuit alleging unreasonably low interest...

Former CFPB enforcement attorneys file class action challenging Unlock’s home equity agreements

Former CFPB enforcement attorneys file class action challenging Unlock’s home equity agreements

Uncategorized
November 3, 2026

Colorado homeowner Sheila Johnsen filed a class action against Unlock Partnership Solutions alleging that they disguised mortgage loans as home equity agreements to evade lending laws, charge excessive interest and impose unfair contract terms.

New York district court denies Terraform Labs’ motion to dismiss, declines to follow Ripple ruling

Northern District of California dismisses cryptocurrency fraud lawsuit against banks, Stanford Federal Credit Union

Uncategorized
November 3, 2026

A California federal court dismissed a lawsuit alleging that several financial institutions helped carry out a $570,000 cryptocurrency scam, ruling that an anonymous married couple failed to state valid claims for aiding and abetting fraud and unauthorized wire...

NEWSBYTES

FDIC issues relief guidance for Hawaii following earthquake

November 10, 2026

State attorneys general express support FCC Robocall Mitigation Database proposal

November 10, 2026

ABA suggests changes to mortgage servicing rights accounting standards update

November 10, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

October 29, 2026
The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026

PODCASTS

Podcast: Proactively managing the core provider relationship

October 22, 2026

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.