ANPRM: GENIUS Act Implementation (90 FR 45159)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2025-09-19

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / Proposed Rules                                                     45159

                                                  A 30-day comment period is provided                     DEPARTMENT OF THE TREASURY                            materials, will be part of the public
                                                to allow interested persons to respond                                                                          record and subject to public disclosure.
                                                to this proposal. All written comments                    12 CFR Chapter XV, 31 CFR Subtitles                   Do not submit any information in your
                                                received in response to this proposed                     A and B                                               comment or supporting materials that
                                                rule by the date specified will be                        [TREAS–DO–2025–0037]                                  you consider confidential or
                                                considered prior to finalizing this                                                                             inappropriate for public disclosure.
                                                action.                                                   RIN 1505–ZA10                                         FOR FURTHER INFORMATION CONTACT: Tian
                                                List of Subjects in 7 CFR Part 1210                                                                             Huang and Shane Shannon, Counselors
                                                                                                          GENIUS Act Implementation
                                                                                                                                                                to the General Counsel; Christina Lee,
                                                  Administrative practice and                             AGENCY: Department of the Treasury.                   Senior Counsel; Degi Altantuya, Frank
                                                procedure, Advertising, Agricultural                      ACTION: Advance notice of proposed                    Colleluori, Brendan Costello, Matan
                                                research, Consumer protection,                            rulemaking.                                           Neuman, Carol Rodrigues, and David
                                                Marketing agreements, Reporting and                                                                             Wertime, Attorney-Advisors, Office of
                                                recordkeeping requirements,                               SUMMARY: The Department of the                        the General Counsel, OGC_GeniusAct@
                                                Watermelon.                                               Treasury (Treasury) is issuing this                   Treasury.gov, 202–622–0480,
                                                                                                          advance notice of proposed rulemaking                 Department of the Treasury, 1500
                                                  For the reasons set forth in the                        (ANPRM) to solicit public comment on                  Pennsylvania Ave. NW, Washington, DC
                                                preamble, the Agricultural Marketing                      questions relating to the implementation              20220.
                                                Service proposes to amend 7 CFR part                      of the Guiding and Establishing                       SUPPLEMENTARY INFORMATION:
                                                1210 as follows:                                          National Innovation for U.S. Stablecoins
                                                                                                          (GENIUS) Act. The GENIUS Act tasks                    I. Background and Authority
                                                PART 1210—WATERMELON                                      Treasury (and various other federal                      The GENIUS Act, enacted on July 18,
                                                RESEARCH AND PROMOTION PLAN                               agencies) with issuing regulations that               2025, provides a comprehensive
                                                                                                          encourage innovation in payment                       framework for the federal regulation of
                                                ■ 1. The authority citation for part 1210                 stablecoins while also providing an                   payment stablecoins.1 As defined in the
                                                continues to read as follows:                             appropriately tailored regime to protect              GENIUS Act, a payment stablecoin is a
                                                  Authority: 7 U.S.C. 4901–4916 and 7                     consumers, mitigate potential illicit                 digital asset 2 (i) that is, or is designed
                                                U.S.C. 7401.                                              finance risks, and address financial                  to be, used as a means of payment or
                                                                                                          stability risks. Through this ANPRM,                  settlement and (ii) the issuer of which
                                                Subpart C—Rules and Regulations                           Treasury is seeking public comment on                 is obligated to convert, redeem, or
                                                                                                          potential regulations that may be                     repurchase for a fixed amount of
                                                ■ 2. Section 1210.501 is revised to read                                                                        monetary value and represents or
                                                                                                          promulgated by Treasury, including
                                                as follows:                                               regarding regulatory clarity,                         creates the reasonable expectation that it
                                                § 1210.501       Realignment of districts.                prohibitions on certain issuances and                 will maintain a stable value relative to
                                                                                                          marketing, Bank Secrecy Act (BSA) anti-               a fixed amount of monetary value.3 U.S.
                                                  In accordance with § 1210.320(c) of                     money laundering (AML) and sanctions                  dollar-denominated (USD) stablecoins
                                                the Plan, the districts shall be as                       obligations, the balance of state-level               seek to combine the accessibility and
                                                follows:                                                  oversight with federal oversight,                     frictionless use of digital assets with the
                                                  (a) * * *                                               comparable foreign regulatory and                     stability and benefits of a USD-based
                                                                                                          supervisory regimes, and tax issues,                  financial system.4
                                                  (b) District 2—The States of Alabama,                                                                            Under the GENIUS Act, only
                                                Georgia, and South Carolina.                              among other things. Treasury is seeking
                                                                                                          comment on all aspects of the ANPRM                   permitted payment stablecoin issuers
                                                  (c) District 3—The States of Arkansas,                  from all interested parties and also                  (PPSIs) may issue a payment stablecoin
                                                Louisiana, Mississippi, Missouri, North                   requests commenters to identify other                 in the United States, subject to certain
                                                Carolina, Oklahoma, Tennessee, and                        issues that Treasury should consider.                 exceptions and safe harbors.5 Further,
                                                Texas.                                                                                                          beginning on July 18, 2028, digital asset
                                                                                                          DATES: Comments on this ANPRM must
                                                  (d) * * *                                               be received on or before October 20,                  service providers 6 may not offer or sell
                                                  (g) District 5—The States of Alaska,                    2025.                                                   1 Public Law 119–27.
                                                Arizona, California, Colorado, Hawaii,                    ADDRESSES: Written comments may be                       2 The term ‘‘digital asset’’ means any digital
                                                Idaho, Iowa, Kansas, Minnesota,                           submitted through one of two methods:                 representation of value that is recorded on a
                                                Montana, Nebraska, Nevada, New                               • Electronic Submission: Comments                  cryptographically secured distributed ledger. Id. at
                                                Mexico, North Dakota, Oregon, South                                                                             sec. 2(6).
                                                                                                          may be submitted electronically through                  3 See section 2(22) of the GENIUS Act for the full
                                                Dakota, Utah, Washington, and                             the Federal Government eRulemaking                    definition of a payment stablecoin. National
                                                Wyoming.                                                  portal at https://www.regulations.gov.                currencies, deposits (including deposits recorded
                                                ■ 3. Section 1210.502 is revised to read                     • Mail: Send to U.S. Department of                 using distributed ledger technology), and securities
                                                                                                                                                                are not considered payment stablecoins.
                                                as follows:                                               the Treasury, Attention: Office of                       4 See generally President’s Working Group on
                                                                                                          General Counsel, 1500 Pennsylvania                    Digital Asset Markets, Strengthening American
                                                § 1210.502       Board members.                           Avenue NW, Washington, DC 20220.                      Leadership in Digital Financial Technology (2025)
                                                  The Board consists of 10 producers,                        We encourage comments to be                        at 88, https://www.whitehouse.gov/wp-content/
                                                                                                          submitted via https://                                uploads/2025/07/Digital-Assets-Report-
                                                10 handlers, seven importers, and one                                                                           EO14178.pdf.
                                                                                                          www.regulations.gov. All comments

lotter on DSK11XQN23PROD with PROPOSALS1
                                                public member appointed by the                                                                                     5 Sec. 3(a), Public Law 119–27.

                                                Secretary.                                                should be captioned with ‘‘GENIUS Act                    6 The term ‘‘digital asset service provider’’ means
                                                                                                          Implementation Comments.’’ Please                     a person that, for compensation or profit, engages
                                                Erin Morris,                                              include your name, organizational                     in the business in the United States (including on
                                                Administrator, Agricultural Marketing                     affiliation, address, email address, and              behalf of customers or users in the United States)
                                                Service.                                                                                                        of (i) exchanging digital assets for monetary value;
                                                                                                          telephone number in your comment. All                 (ii) exchanging digital assets for other digital assets;
                                                [FR Doc. 2025–18232 Filed 9–18–25; 8:45 am]               comments received, including                          (iii) transferring digital assets to a third party; (iv)
                                                BILLING CODE P                                            attachments and other supporting                                                                     Continued

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                                                45160                  Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / Proposed Rules

                                                a payment stablecoin to any person in                     process and framework for the licensing,                      response to this ANPRM. However,
                                                the United States unless the payment                      regulation, examination, and                                  commenters are encouraged to identify,
                                                stablecoin is issued by a PPSI or issued                  supervision of PPSIs,15 as well as                            in their comments in response to this
                                                by a foreign payment stablecoin issuer                    associated regulations governing                              ANPRM, areas where Treasury’s
                                                (FPSI) that meets certain requirements.7                  depository institutions that hold                             regulations may overlap with or directly
                                                The GENIUS Act provides three primary                     stablecoin reserves or otherwise                              implicate the regulations assigned to
                                                categories of PPSIs, all of which must be                 participate in payment stablecoin                             other state or federal agencies.
                                                formed in the United States: (i) a                        activities,16 among other directives.                            As discussed further below, on
                                                subsidiary of an insured depository                         Under the GENIUS Act, the Secretary                         August 18, 2025, Treasury issued a
                                                institution; (ii) a federal qualified                     of the Treasury chairs the Stablecoin                         request for comment (RFC) relating to
                                                payment stablecoin issuer; or (iii) a state               Certification Review Committee (SCRC),                        innovative methods, techniques, and
                                                qualified stablecoin issuer.8                             an interagency committee that also                            strategies that financial institutions use,
                                                   The GENIUS Act vests Treasury with                     includes the Chair of the FRB (or the                         or have the potential to use, to detect
                                                various authorities and responsibilities,                 Vice Chair for Supervision, if delegated                      illicit finance related to digital assets
                                                including express authority to issue                      by the FRB Chair) and Chair of the                            pursuant to Section 9 of the GENIUS
                                                regulations to carry out the GENIUS                       FDIC.17 State qualified payment                               Act.19 Comments submitted in response
                                                Act.9 For example, Treasury is tasked                     stablecoin issuers (of payment                                to the RFC should not be submitted in
                                                with implementing limitations on the                      stablecoins with consolidated total                           response to this ANPRM.
                                                issuance of payment stablecoins in the                    outstanding issuance of up to $10
                                                United States,10 as well as issuing rules                 billion) generally may opt for state                          III. Stablecoin Issuers and Service
                                                establishing broad-based principles for                   regulation so long as the state regime is                     Providers
                                                determining whether a state-level                         substantially similar to the federal                          A. Issuance and Treatment of Payment
                                                regulatory regime is substantially                        regime and the SCRC has approved the                          Stablecoins
                                                similar to the federal regulatory                         state-level regulatory regime upon
                                                framework.11 The GENIUS Act calls on                      determining that it meets or exceeds the                         The GENIUS Act tasks Treasury with
                                                Treasury to issue regulations                             standards and requirements set forth in                       issuing regulations to implement
                                                implementing the requirement that                         Section 4(a) of the GENIUS Act.18                             Section 3 of the GENIUS Act.20 That
                                                PPSIs are ‘‘subject to all Federal laws                     While not addressed in the GENIUS                           section, which is intended to have
                                                applicable to a U.S. financial institution                Act, Treasury also has responsibility for                     extraterritorial effect,21 provides that it
                                                located in the United States relating to                  federal income tax policy with respect                        shall be unlawful for any person other
                                                economic sanctions, prevention of                         to payment stablecoins, as part of its                        than a PPSI to issue a payment
                                                money laundering, customer                                general responsibility for developing                         stablecoin in the United States.22
                                                identification and due diligence.’’ 12                    and implementing federal tax policies                         However, the GENIUS Act provides that
                                                Treasury is also tasked with                              and programs.                                                 Treasury may issue regulations
                                                determining whether a foreign country’s                                                                                 providing safe harbors from this general
                                                                                                          II. Scope                                                     limitation that are: (i) consistent with
                                                regulatory and supervisory regime is
                                                comparable to the U.S. framework                             This ANPRM solicits public                                 the purposes of the GENIUS Act; (ii)
                                                established through the GENIUS Act,                       comments on topics and questions                              limited in scope; and (iii) apply to a de
                                                which would allow certain payment                         organized in six main categories:                             minimis volume of transactions, as
                                                stablecoins issued by an FPSI to be                       Stablecoin Issuers and Service                                determined by Treasury.23 Treasury
                                                offered or sold in the United States,                     Providers, Illicit Finance, Foreign                           may also provide limited safe harbors if
                                                subject to certain additional                             Payment Stablecoin Regimes, Taxation,                         it determines that unusual and exigent
                                                conditions.13                                             Insurance, and Economic Data. While                           circumstances exist.24 Knowing
                                                   In addition, the Board of Governors of                 this ANPRM invites comment on any                             participation in a violation of Section 3
                                                the Federal Reserve System (FRB), the                     aspect of the GENIUS Act, each section                        can result in a fine of not more than $1
                                                Federal Deposit Insurance Corporation                     below includes specific questions.                            million for each violation or
                                                (FDIC), the National Credit Union                         Commenters are not expected to                                imprisonment for up to five years, or
                                                Administration (NCUA), and the Office                     respond to every question. Treasury                           both.25
                                                of the Comptroller of the Currency                        generally expects to invite further                              1. What topics should any regulations
                                                (OCC) (collectively, the Primary Federal                  public comment on proposed                                    to effectuate Section 3(a), including the
                                                Payment Stablecoin Regulators) are                        regulations before adopting any final                         associated penalties, address?
                                                generally tasked with implementing                        regulations.                                                     2. Should Treasury issue regulations
                                                capital and liquidity requirements                           This ANPRM generally seeks                                 providing for safe harbors from Section
                                                applicable to PPSIs,14 and establishing a                 information on topics that may be the                         3(a)? If so, what factors should Treasury
                                                                                                          subject of regulations issued by                              consider in adopting these regulations?
                                                acting as a digital asset custodian; or (v)               Treasury under the GENIUS Act to                              Would it be better to observe the
                                                participating in financial services relating to digital   fulfill its responsibilities, including as                    operation of Section 3(a) for a period of
                                                asset issuance. Id. at sec. 2(7).                         chair of the SCRC. For administrative                         time before considering safe harbors, or
                                                  7 An FPSI is defined as an issuer of a payment
                                                                                                          purposes, commenters should direct to                         are safe harbors necessary as soon as
                                                stablecoin that is organized under the laws of or         other relevant agencies any comments
                                                domiciled in a foreign country, a territory of the                                                                      Section 3(a) becomes operational?
                                                United States, Puerto Rico, Guam, American Samoa,         on specific topics assigned by the
                                                                                                          GENIUS Act to other agencies, rather

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                                                or the Virgin Islands, and is not a PPSI. Id. at sec.                                                                     19 Request for Comment on Innovative Methods
                                                2(12). See id. at sec. 3(b) and 18.                       than include those comments in                                To Detect Illicit Activity Involving Digital Assets,
                                                  8 Id. at sec. 2(23).                                                                                                  90 FR 40148 (Aug. 18, 2025).
                                                  9 Id. at sec. 13.                                                                                                       20 Public Law 119–27 at sec. 3(d).
                                                                                                            15 See, e.g., id. at sec. 4(b); 4(h)(1); 5(a)(1)(B);
                                                  10 Id. at sec. 3(c)–(d).                                                                                                21 Id. at sec. 3(e).
                                                                                                          5(a)(2); 5(g).
                                                  11 Id. at sec. 4(c)(2).                                   16 See, e.g., id. at sec. 4(a)(1)(A)(ii); 4(a)(4)(C)(iv);     22 Id. at sec. 3(a).
                                                  12 See, e.g., id. at sec. 4(a)(5).                      16.                                                             23 Id. at sec. 3(c)(1).
                                                  13 See id. at sec. 18(a)–(b).                             17 See id. at sec. 2(27).                                     24 Id. at sec. 3(c)(2).
                                                  14 See id. at sec. 4(a)(4)(A).                            18 See id. at sec. 4(c).                                      25 Id. at sec. 3(f).

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                                                                      Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / Proposed Rules                                          45161

                                                   3. Is the scope of the term ‘‘payment                additional clarification or                           payment stablecoin to be (i) legal tender,
                                                stablecoin’’ sufficiently clear as defined              interpretation?                                       (ii) issued by the United States, or (iii)
                                                in the GENIUS Act? If not, what                                                                               guaranteed or approved by the
                                                                                                        B. Requirements for Issuing Payment
                                                additional clarification should be                                                                            government of the United States.
                                                                                                        Stablecoins
                                                provided?                                                                                                     Abbreviations directly relating to the
                                                   Section 3(b) of the GENIUS Act                          Section 4(a)(1)(A) of the GENIUS Act               currency to which a payment stablecoin
                                                provides that, beginning three years                    establishes reserve requirements for                  is pegged, such as ‘‘USD,’’ are exempt
                                                after the enactment of the GENIUS Act                   stablecoins. Under Section 4(a)(1)(C) of              from these prohibitions.
                                                (July 18, 2028), it shall generally be                  the GENIUS Act, a PPSI is required to                    15. Are any regulations or guidance
                                                unlawful for a digital asset service                    publish the monthly composition of the                necessary to clarify the scope or
                                                provider to offer or sell a payment                     issuer’s reserves, containing (i) the total           application of these provisions,
                                                stablecoin to a person in the United                    number of outstanding payment                         including whether other terms used by
                                                States unless the stablecoin is issued by               stablecoins issued by the issuer, and (ii)            PPSIs may be deceptive?
                                                a PPSI.26 Section 3(e) provides that                    the amount and composition of its                        Under Section 4(a)(12) of the GENIUS
                                                these provisions are intended to have                   reserves, including the average tenor                 Act, certain non-financial companies
                                                extraterritorial effect if conduct involves             and geographic location of custody of                 may not issue payment stablecoins
                                                the offer or sale of a payment stablecoin               each category of reserve instruments.                 unless the SCRC unanimously votes to
                                                to a person located in the United States.               Section 18(a)(3) of the GENIUS Act                    make certain findings, including that it
                                                   4. Is the scope of the term ‘‘digital                requires an FPSI to hold reserves in a                will not pose a material risk to the safety
                                                asset service provider’’ sufficiently clear             U.S. financial institution sufficient to              and soundness of the U.S. banking
                                                as defined in the GENIUS Act? If not,                   meet liquidity demands of U.S.                        system, the financial stability of the
                                                what additional clarification should be                 customers, unless otherwise permitted                 United States, or the Deposit Insurance
                                                provided?                                               under a reciprocal arrangement, among                 Fund. Section 4(a)(12)(D) directs the
                                                   5. Is the extraterritorial application               other requirements.                                   SCRC to issue an interpretive rule
                                                sufficiently clear as stated in the                        10. Are any regulations or guidance                clarifying the non-financial company
                                                GENIUS Act? If not, what additional                     necessary to clarify the scope of the                 restrictions.
                                                clarification should be provided?                       reserve requirements in Section 4(a) or                  16. What additional clarification is
                                                   Section 3(g) of the GENIUS Act                       the requirement to publish the                        necessary on the scope or application of
                                                provides that a payment stablecoin not                  composition of the reserves?                          these restrictions?
                                                issued by a PPSI shall not be: (i) treated                 11. How will FPSIs determine the                      17. What factors should the SCRC
                                                as cash or as a cash equivalent for                     liquidity demands of U.S. customers in                consider in making a finding that, if a
                                                accounting purposes; (ii) eligible as cash              such a way that will be sufficient to                 non-financial company issues payment
                                                or as a cash equivalent margin and                      maintain compliance with the                          stablecoins, it will not pose a material
                                                collateral for certain regulated entities;              obligation to hold reserves in U.S.                   risk to the safety and soundness of the
                                                or (iii) acceptable as a settlement asset               financial institutions as set forth in                U.S. banking system, the financial
                                                to facilitate certain wholesale payments.               Section 18(a)(3)?                                     stability of the United States, or the
                                                   6. How should payment stablecoins                       12. Are any regulations necessary to               Deposit Insurance Fund? Are there any
                                                not issued by a PPSI be treated for                     clarify requirements related to the                   factors that should be excluded from
                                                accounting purposes under Section                       holding of reserve assets? In particular,             consideration?
                                                3(g)(1)?                                                is additional clarity necessary regarding                Under Section 4(c)(2) of the GENIUS
                                                   7. Are any regulations or guidance                   the extent to which reserve assets are                Act, Treasury is required to establish
                                                necessary to clarify any aspects of this                required to, or should, be held in                    broad-based principles for determining
                                                treatment provision?                                    custody?                                              whether a state-level regulatory regime
                                                   Section 3(h) of the GENIUS Act                          13. How do market participants                     is substantially similar to the federal
                                                provides that the following transactions                currently meet existing jurisdictional                regulatory framework under the
                                                are exempt from the prohibitions in                     reserve requirements to minimize                      GENIUS Act.
                                                Section 3: (i) the direct transfer of digital           settlement or liquidity risk across                      18. What broad-based principles
                                                assets between two individuals acting                   jurisdictions that may require local                  should be considered in determining
                                                on their own behalf and for their own                   custody of such reserve assets?                       whether a state-level regime is
                                                lawful purposes, without the                               Section 4(a)(11) of the GENIUS Act                 ‘‘substantially similar’’ to the federal
                                                involvement of an intermediary; (ii) any                prohibits PPSIs and FPSIs from paying                 regulatory framework? Are there any
                                                transaction involving the receipt of                    the holder of any payment stablecoin                  principles that should be excluded from
                                                digital assets by an individual between                 any form of interest or yield (whether in             consideration?
                                                an account owned by the individual in                   cash, tokens, or other consideration)                    19. How is a determination that a
                                                the United States and an account owned                  solely in connection with the holding,                state-level regime is ‘‘substantially
                                                by the individual abroad that are offered               use, or retention of such payment                     similar’’ to the federal regulatory
                                                by the same parent company; or (iii) any                stablecoin.                                           framework, as described in Sections
                                                transaction by means of a software or                      14. Should any regulations be issued               4(c)(1) and (2) of the GENIUS Act,
                                                hardware wallet that facilitates an                     to clarify the meaning of ‘‘pay,’’                    similar to or different from a
                                                individual’s own custody of digital                     ‘‘interest,’’ ‘‘yield,’’ ‘‘solely,’’ or               determination that a state-level regime
                                                assets.                                                 otherwise clarify the scope of Section                ‘‘meets or exceeds the standards and
                                                   8. Are any regulations or guidance

lotter on DSK11XQN23PROD with PROPOSALS1
                                                                                                        4(a)(11)? In particular, should any                   requirements’’ for issuing payment
                                                necessary to clarify the scope of these                                                                       stablecoins, as described in Section
                                                                                                        regulations be issued to clarify whether,
                                                exempted transactions?
                                                                                                        and to what extent, any indirect                      4(c)(5)?
                                                   9. Are there any other terms in
                                                                                                        payments are prohibited?                                 Section 4(e)(3) of the GENIUS Act
                                                Section 3 that would benefit from
                                                                                                           Section 4(a)(9) of the GENIUS Act                  provides that it shall be unlawful to
                                                  26 The statute contemplates potential exceptions
                                                                                                        prohibits a PPSI from marketing a                     market a product in the United States as
                                                for FPSIs that meet certain requirements, which are     payment stablecoin in such a way that                 a payment stablecoin unless the product
                                                addressed in subsequent sections of this ANPRM.         a reasonable person would perceive the                is issued pursuant to the GENIUS Act,

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                                                45162                    Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / Proposed Rules

                                                and that knowing and willful violations                           24. What should Treasury consider                        V. Foreign Payment Stablecoin Issuers
                                                may lead to a fine by Treasury of not                          when promulgating a regulation                                 The GENIUS Act allows an FPSI to
                                                more than $500,000 for each such                               implementing Section 4(a)(5)(A)(iv)?                        offer, sell, or otherwise make available
                                                violation.                                                     How do payment stablecoin issuers                           a payment stablecoin in the United
                                                  20. To what extent does this                                 anticipate implementing technical                           States under certain circumstances. To
                                                prohibition overlap with (i) the                               capabilities, policies, and procedures to                   implement this framework, the GENIUS
                                                prohibitions in Section 3, (ii) the                            block, freeze, and reject specific or                       Act authorizes Treasury to determine
                                                prohibition on the use of deceptive                            impermissible transactions that violate                     whether a foreign 32 regime for the
                                                names in Section 4(a)(9), or (iii) the                         federal or state laws, rules, or                            regulation and supervision of payment
                                                prohibition on misrepresentation of                            regulations, including transactions                         stablecoins is comparable to the
                                                insured status in Section 4(e)(2)?                             involving the secondary market, such as
                                                  21. Are any regulations or guidance                                                                                      requirements established under the
                                                                                                               those that involve sanctioned persons or                    GENIUS Act, allowing certain payment
                                                necessary to clarify or implement this                         countries?
                                                provision, including how the number of                                                                                     stablecoins issued by an FPSI operating
                                                                                                                  Section 4(a)(6)(B) of the GENIUS Act
                                                violations will be determined under                                                                                        under that foreign regime to be offered
                                                                                                               provides that a PPSI may issue payment
                                                Section 4(e)(3)(C)?                                                                                                        or sold in the United States, subject to
                                                                                                               stablecoins only if the issuer has the
                                                  22. Are there any other terms in                                                                                         certain additional conditions.33 Some
                                                                                                               technological capability to comply, and
                                                Section 4 that would benefit from                                                                                          foreign jurisdictions may not have legal
                                                                                                               will comply, with the terms of any
                                                additional clarification or                                                                                                definitions for either a ‘‘payment
                                                                                                               lawful order.29
                                                interpretation?                                                   25. What, if any, regulations or                         stablecoin’’ or a ‘‘payment stablecoin
                                                                                                               guidance would help clarify the                             issuer.’’
                                                IV. Illicit Finance
                                                                                                               obligations in Section 4(a)(6)(B) to have                   A. Comparability
                                                   The GENIUS Act includes provisions                          the technological capability to comply,
                                                relating to the detection and prevention                                                                                      29. For the purpose of identifying
                                                                                                               and to comply, with any lawful order?                       existing foreign payment stablecoin
                                                of illicit finance in the digital asset                           The GENIUS Act establishes that
                                                sector.27 In accordance with Section 9 of                                                                                  regulatory and supervisory regimes, are
                                                                                                               foreign issuers of payment stablecoins
                                                the GENIUS Act, on August 18, 2025,                                                                                        there certain characteristics of a
                                                                                                               must comply with lawful orders and, if
                                                Treasury published in the Federal                                                                                          ‘‘payment stablecoin’’ recognized in the
                                                                                                               they fail to do so, Treasury can
                                                Register an RFC seeking input on                                                                                           market that differ from how this term is
                                                                                                               designate the issuer as noncompliant,
                                                innovative or novel methods,                                                                                               defined in the GENIUS Act?
                                                                                                               resulting in a prohibition on digital                          30. Are there foreign payment
                                                techniques, or strategies that regulated                       asset service providers facilitating
                                                financial institutions use, or have                                                                                        stablecoin regulatory or supervisory
                                                                                                               secondary market trading of the foreign                     regimes, or regimes in development, that
                                                potential to use, to detect illicit activity.                  issuer’s payment stablecoin.30 Treasury
                                                Treasury will consider comments                                                                                            may be comparable to the regime
                                                                                                               can issue licenses and waivers and is                       established under the GENIUS Act? Are
                                                submitted in response to either the RFC                        directed to specify the criteria that a
                                                or this ANPRM, so commenters need                                                                                          there foreign regimes that are in effect,
                                                                                                               noncompliant foreign issuer must meet                       or in development, that materially differ
                                                not, and should not, resubmit any RFC                          for Treasury to determine that an issuer
                                                comments in response to this ANPRM.                                                                                        from the regime under the GENIUS Act?
                                                                                                               is no longer noncompliant.31                                   31. What types of differences from the
                                                In addition to topics addressed in the                            26. What factors should Treasury                         regime under the GENIUS Act, if any,
                                                RFC, Treasury now requests comment                             consider in determining whether a                           could create market frictions in
                                                on the following topics relating to illicit                    noncompliant FPSI has cured its                             international digital assets activity?
                                                finance.                                                       noncompliance in accordance with
                                                   Section 4(a)(5) of the GENIUS Act                                                                                          32. As Treasury identifies factors for
                                                                                                               Section 8(b)(3)? What kinds of evidence                     determining whether a foreign
                                                subjects PPSIs to ‘‘all Federal laws                           or commitments should Treasury
                                                applicable to financial institutions                                                                                       jurisdiction has a regulatory and
                                                                                                               require?                                                    supervisory regime that is comparable to
                                                located in the United States relating to                          27. What else should Treasury
                                                economic sanctions, prevention of                                                                                          the requirements established under the
                                                                                                               consider in promulgating a regulation
                                                money laundering, customer                                                                                                 GENIUS Act, including standards for
                                                                                                               related to Section 8 of the GENIUS Act,
                                                identification and due diligence,’’ and                                                                                    issuing payment stablecoins provided in
                                                                                                               including its ability to issue licenses and
                                                directs Treasury to issue implementing                                                                                     Section 4(a), what specific factors
                                                                                                               waivers?
                                                regulations, including related to                                                                                          should Treasury consider, including
                                                                                                                  28. In the economic sanctions context,
                                                effective programs for AML and                                                                                             factors that should disqualify a foreign
                                                                                                               lawful orders will include sanctions
                                                sanctions, monitoring and reporting                                                                                        jurisdiction from being determined to be
                                                                                                               designations. The persons and property
                                                suspicious activity, and technical                                                                                         comparable? Are there factors that
                                                                                                               subject to blocking will be identified
                                                capabilities and policies and procedures                                                                                   should be excluded from consideration?
                                                                                                               with reasonable particularity by the
                                                                                                                                                                              33. To what extent should Treasury
                                                to block, freeze, and reject                                   publication of identifying information
                                                                                                                                                                           consider a foreign jurisdiction’s
                                                impermissible transactions.28                                  for such persons and property on
                                                   23. What should Treasury consider                                                                                       willingness and ability to enforce the
                                                                                                               Treasury’s Office of Foreign Assets
                                                when promulgating regulations                                                                                              prohibitions in Sections 4(a)(9), 4(e)(2),
                                                                                                               Control’s Specially Designated
                                                implementing Section 4(a)(5), including                                                                                    and 4(e)(3), as related to
                                                                                                               Nationals List. If regulation or guidance
                                                AML and sanctions programs,                                                                                                misrepresentations of U.S. government
                                                                                                               is promulgated, what kind of
                                                                                                                                                                           support or that of the foreign

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                                                monitoring and reporting suspicious                            considerations and provisions should it
                                                activity, and customer identification                                                                                      government, as a factor in comparability
                                                                                                               include to clarify the requirement to
                                                and due diligence? What, if any, unique                                                                                    determinations under Section 18(b)?
                                                                                                               comply with lawful orders in the
                                                features of PPSIs should Treasury                              economic sanctions context?                                    32 References in this ANPRM to ‘‘foreign’’ regimes
                                                consider?                                                                                                                  also include those of U.S. territories, Puerto Rico,
                                                                                                                 29 See id. at sec. 4(a)(6)(B).
                                                                                                                                                                           Guam, American Samoa, and the U.S. Virgin
                                                  27 See, e.g., id. at sec. 4(a)(5); 8; 9.                       30 See id. at sec. 8.                                     Islands. See id. at sec. 18(a)(1).
                                                  28 See, e.g., id. at sec. 4(a)(5).                             31 See id. at sec. 8(b); 8(c).                               33 See id. at sec. 18.

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                                                                       Federal Register / Vol. 90, No. 180 / Friday, September 19, 2025 / Proposed Rules                                                 45163

                                                B. Reciprocity                                               39. How should implementation of the                   49. What are the economic benefits of
                                                   34. How should Treasury interpret                       GENIUS Act take into account                          aligning U.S. stablecoin rules with
                                                ‘‘interoperability’’ in Section 18(d)(1)(C),               insurance industry practices related to               foreign regimes (e.g., reduced friction
                                                describing ‘‘interoperability with U.S.-                   payment stablecoins, the development                  and increased access)?
                                                dollar denominated payment                                 of insurance markets related to payment                  50. What is the estimated
                                                stablecoins issued overseas?’’ What                        stablecoins, the activities of domestic
                                                                                                                                                                 improvement in compliance efficiency
                                                technical, legal, regulatory, or other                     and foreign insurers and reinsurers
                                                                                                                                                                 and market participation due to clearer
                                                measures are most relevant for                             regarding payment stablecoins, and the
                                                                                                           provision of insurance coverages                      regulatory guidance as compared to the
                                                interoperability? To what extent should                                                                          environment before the enactment of the
                                                compliance with any interoperability                       relevant to payment stablecoins?
                                                                                                             40. How should GENIUS Act                           GENIUS Act?
                                                standards issued under Section 12 be
                                                required under reciprocal arrangements                     implementation take into account the                     51. What is the projected impact of
                                                or other agreements entered into under                     types and amounts of insurance                        regulatory clarity on startup formation,
                                                Section 18(d)?                                             coverage that should be purchased by                  venture investment, and product
                                                                                                           PPSIs or FPSIs?                                       innovation?
                                                C. FPSIs                                                     41. What should Treasury consider
                                                                                                                                                                    52. What is the estimated impact from
                                                   35. What information should U.S.                        regarding the possibility of insurers
                                                                                                                                                                 the adoption of payment stablecoins on
                                                authorities require from a FPSI                            acting as PPSIs, FPSIs, or digital asset
                                                                                                           service providers, including with respect             transaction, processing, and settlement
                                                registered under Section 18(c), and in                                                                           fees, failure rates, and timelines, as
                                                what format(s) should such information                     to insurance reserving practices and
                                                                                                           regulatory requirements?                              compared to existing payments systems?
                                                be made available, to ensure that U.S.
                                                customers understand how to demand                           42. What other topics should Treasury                  53. What is the estimated impact of
                                                timely redemption of the instrument?                       consider with respect to the impact of                PPSIs and FPSIs on the demand for
                                                   36. Are any regulations or guidance                     the GENIUS Act and its implementation                 Treasury securities, repurchase
                                                necessary to clarify the prohibition on                    on the insurance industry? Which issues               agreements and reverse repurchase
                                                offers and sales of payment stablecoins                    should be the highest priority items for              agreements that are eligible reserve
                                                issued by foreign issuers in the United                    Treasury to consider?                                 assets under Sec. 4(a)(1)(A)?
                                                States under Section 3(b)(2) of the                        VIII. Economic Data
                                                GENIUS Act, including the requirement                                                                            IX. Other Topics
                                                that an FPSI have the ‘‘technological                        The following questions are intended
                                                                                                           to assist Treasury in analyses that it may               54. Are any regulations or guidance
                                                capability’’ for compliance?                                                                                     necessary to address risks associated
                                                                                                           perform regarding the potential costs
                                                VI. Taxation                                               and benefits of certain regulations                   with the resolution of a bankrupt or
                                                   The GENIUS Act does not address the                     related to the GENIUS Act.                            failed PPSI, including those that may
                                                federal income tax characterization of                                                                           have stablecoins in international
                                                                                                           A. Costs                                              circulation?
                                                payment stablecoins or any other issues
                                                relevant to the application of the                           43. What are the estimated one-time                    55. What types of conflicts of interest
                                                Internal Revenue Code to payment                           and ongoing costs for PPSIs and FPSIs                 might arise for stablecoin issuers, and
                                                stablecoin transactions. The                               to comply with the requirements under                 what safeguards might enable
                                                characterization of a financial                            the GENIUS Act, including licensing,
                                                                                                                                                                 stakeholders to be confident in a fair
                                                instrument or other asset for federal                      disclosure, and AML and sanctions
                                                                                                                                                                 market?
                                                income tax purposes in many cases                          program requirements?
                                                determines or affects how it is taxed.                       44. What are the expected legal and                    56. Which of the topics addressed in
                                                For example, if payment stablecoins                        enforcement costs for PPSIs and FPSIs                 this ANPRM are most critical for
                                                were treated as debt instruments for                       associated with GENIUS Act                            establishing the GENIUS Act regulatory
                                                federal income tax purposes, they could                    compliance, including litigation-related              framework? Are there any other factors
                                                be subject to various tax rules governing                  expenses?                                             Treasury should consider in sequencing
                                                bonds or securities.34                                       45. What are the potential costs                    and prioritizing these rulemakings?
                                                   37. To what extent would guidance                       associated with registration under state
                                                                                                                                                                    57. Are there other topics not
                                                from the IRS on the classification of                      regimes as compared to federal regimes,
                                                                                                                                                                 addressed in this ANPRM that should be
                                                payment stablecoins be necessary or                        including any administrative burdens or
                                                                                                                                                                 considered in future Treasury
                                                helpful to taxpayers?                                      impacts on innovation?
                                                                                                                                                                 rulemakings?
                                                   38. What other topics, if any, should                   B. Benefits
                                                any such tax guidance address? Which                                                                                58. What is the projected impact of
                                                issues should be the highest priority                         46. What are the potential advantages              regulatory clarity on demand for
                                                items to address?                                          of registering under state regimes                    payment stablecoins?
                                                                                                           compared to federal regimes,
                                                VII. Insurance                                             particularly in terms of administrative               X. Regulatory Planning and Review
                                                  The following questions are intended                     efficiency and support for innovation?                  This ANPRM is a significant
                                                to assist Treasury in evaluating how the                      47. The GENIUS Act establishes
                                                                                                                                                                 regulatory action under Executive Order
                                                GENIUS Act and its implementation                          federal safeguards to protect consumers.
                                                                                                                                                                 12866. It has been reviewed by the

lotter on DSK11XQN23PROD with PROPOSALS1
                                                may affect the insurance industry.                         How should the economic benefits of
                                                                                                           consumer protection be measured?                      Office of Management and Budget.
                                                  34 For a discussion of issues relating to the tax           48. How do you expect illicit finance              Rachel Miller,
                                                characterization of payment stablecoins, see               activity involving payment stablecoins                Executive Secretary, U.S. Department of the
                                                Strengthening American Leadership in Digital               and efforts to combat that activity to
                                                Financial Technology, Chapter VII (Taxation),                                                                    Treasury.
                                                available at https://www.whitehouse.gov/wp-
                                                                                                           change due to GENIUS Act                              [FR Doc. 2025–18226 Filed 9–18–25; 8:45 am]
                                                content/uploads/2025/07/Digital-Assets-Report-             requirements for PPSIs related to AML
                                                                                                                                                                 BILLING CODE 4810–AK–P
                                                EO14178.pdf.                                               and sanctions?

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