Joint NPRM (Fed + FinCEN): $250 cross-border threshold for Recordkeeping/Travel Rules; CVC is 'money' (85 FR 68005) (Part 2 of 2)

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

Fincen

2

2020-10-27

Document text

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.

institutions, 15 agreement corporations,        allows individual users to move value                 number 1506–0058, FinCEN estimates
                                              and 168 foreign banking organizations). According
                                              to the National Credit Union Administration, there
                                                                                                       nearly instantaneously to anywhere in                 that the recordkeeping burden per
                                              were 5,236 federally regulated credit unions as of       the world without ever having to pass                 recordkeeper to maintain records of
                                              December 31, 2019.                                       through a regulated financial institution,            traditional transmittals of funds of

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                                                                    Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules                                                 68017

                                              $3,000 or more is 16 hours a year.                         Estimated Average Annual Burden                    5,306 federally regulated banks and
                                              Above, FinCEN estimated that the                        Hours per Recordkeeper: The estimated                 5,236 federally regulated credit unions.
                                              additional burden from complying with                   average burden hours will vary                           Estimated Average Annual Burden
                                              the $250 threshold imposed by the                       depending on the number of                            Hours per Recordkeeper: The estimated
                                              proposed rule is 32 hours, for a total                  transmittals of funds conducted by                    average burden hours will vary
                                              burden of 48 hours. Because of the large                banks, credit unions, and MSBs                        depending on the number of funds
                                              volume of CVC transactions, FinCEN                      involving CVCs below the applicable                   transfers involving CVC or digital assets
                                              estimates that a nonbank financial                      threshold. Under OMB control number                   with legal tender status conducted by
                                              institution engaged in CVC transactions                 1506–0058, FinCEN estimates that the                  banks and credit unions. Under OMB
                                              conducts five times as many                             recordkeeping burden per recordkeeper                 control number 1506–0059, FinCEN
                                              transmittals of funds in CVC in                         to transmit information relating to                   estimates that the recordkeeping burden
                                              comparison to the number of non-CVC                     traditional transmittals of funds of                  per recordkeeper to maintain records of
                                              transactions that will be conducted by                  $3,000 or more is 12 hours a year.                    funds transfers of $3,000 or more is 100
                                              MSBs as a result of the threshold                       FinCEN assessed above that the                        hours a year. FinCEN understands that
                                              change. For that reason, FinCEN                         imposition of the $250 threshold for                  banks, including credit unions,
                                              estimates that the proposed rule would                  transactions that begin or end outside                currently engage in very few, if any,
                                              add an additional 240 hours of burden                   the United States adds an additional 24               funds transfers involving CVC. FinCEN
                                              per recordkeeper a year (five multiplied                hours of burden per recordkeeper a year,              does not believe that any banks
                                              by the new baseline of 48 hours),                       for a total of 36 hours of burden per                 currently facilitate transactions
                                              although this is a conservative estimate                recordkeeper.                                         involving sovereign digital currencies.
                                              because the recordkeeping is likely less                   FinCEN understands that banks,                     For that reason, FinCEN therefore
                                              costly for transactions involving CVCs                  including credit unions, currently                    estimates that the proposed rule would
                                              since it is likely to be electronic and                 engage in very few, if any, funds                     add only 1 additional hour of burden
                                              possible to automate.                                   transfers involving CVCs. For that                    per bank or credit union recordkeeper a
                                                 Estimated Total Additional Annual                    reason, FinCEN therefore estimates that               year.
                                                                                                      the proposed rule would add only 1                       Estimated Total Additional Annual
                                              Burden Hours: 127,200 hours. (530
                                                                                                      additional hour of burden per bank                    Burden Hours: 10,542 hours. (10,542
                                              money transmitters and other MSBs
                                                                                                      recordkeeper a year.                                  banks and credit unions multiplied by
                                              engaged in CVC transactions multiplied
                                                                                                         Because of the large volume of CVC                 1 hour).
                                              by 240 hours).
                                                                                                      transactions, FinCEN estimates that the               4. Total Burden Resulting From
                                              2. 31 CFR 1010.410(f)                                   530 MSBs will process five times the                  Inclusion of CVC Transactions in the
                                                 This proposed rule would explicitly                  volume of transmittals of funds                       Recordkeeping and Travel Rules
                                              include within the requirement to                       involving CVC in comparison to the
                                                                                                      number of non-CVC transactions that                      Total Estimated Annual Burden
                                              transmit information on funds transfers                                                                       Increase Because of Inclusion of CVC
                                              and transmittals of funds conducted by                  will be conducted by MSBs as a result
                                                                                                      of the change in the threshold. For that              Transactions in the Recordkeeping and
                                              financial institutions acting as the                                                                          Travel Rules: 31 CFR 1010.410(e)
                                              transmittor’s financial institution or an               reason, FinCEN estimates that the
                                                                                                      proposed rule would add an additional                 [127,200 hours] + 31 CFR 1010.410(f)
                                              intermediary financial institution, funds                                                                     [105,942 hours] + 31 CFR 1020.410
                                              transfers and transmittals of funds                     180 hours of burden per nonbank
                                                                                                      recordkeeper a year (five multiplied by               [10,542 hours] = 243,684 hours.
                                              transactions involving (1) CVC, or (2)
                                              any digital asset having legal tender                   the new baseline of 36 hours).                        iii. Total Annual Burden Hours Estimate
                                                                                                         Estimated Total Additional Annual                  as a Result of This Proposed Rule
                                              status.
                                                                                                      Burden Hours: 95,400 hours (530 money
                                                 Description of Recordkeepers:                        transmitters and other MSBs engaged in                   3,072,160 hours (lower threshold) +
                                              Financial institutions, including banks,                CVC transactions multiplied by 180                    243,684 hours (CVC transactions) =
                                              that are the transmittor’s financial                    hours per recordkeeper) plus 10,542                   3,315,844 hours.
                                              institution or an intermediary financial                hours (10,542 banks and credit unions                    The current estimated total burden
                                              institution in a transmittal of funds                   multiplied by 1 hour per recordkeeper),               hours for OMB control number 1506–
                                              involving CVCs or digital assets with                   for a total additional annual burden of               0058 is 2,150,200 hours. 31 CFR
                                              legal tender status. Although the                       105,942 hours.                                        1010.410(e) and (f) are both included in
                                              proposed rule on its face applies to all                                                                      OMB control number 1506–0058. The
                                              financial institutions, this provision                  3. 31 CFR 1020.410                                    total estimated increase in burden hours
                                              would only impact financial institutions                   This proposed rule would explicitly                as a result of this proposed rulemaking
                                              that conduct transmissions of funds                     include transactions involving CVC or                 for this control number is 1,196,902
                                              involving such CVC. FinCEN does not                     digital assets with legal tender status               hours. (533,344 hours (31 CFR
                                              believe that any financial institutions                 within the requirement to collect and                 1010.410(e)) + 663,558 hours (31 CFR
                                              currently facilitate transactions                       retain information on funds transfers                 1010.410(f)).60 The new estimated total
                                              involving sovereign digital currencies.                 conducted by banks acting as the                      burden hours for OMB control number
                                                 Estimated Number of Recordkeepers:                   originator’s bank, intermediary bank, or              1506–0058 would be 3,347,102 hours.
                                              11,072 financial institutions. FinCEN                   beneficiary’s bank.                                      The current estimated total burden
                                              estimates that there are approximately                     Description of Recordkeepers: Banks                hours for OMB control number 1506–
                                              5,306 federally regulated banks and                     that are the originator’s bank, the                   0059 is 2,290,000 hours. 31 CFR

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                                              5,236 federally regulated credit unions.                intermediary bank, or the beneficiary’s               1020.410 is included in OMB control
                                              FinCEN assesses that all of these banks                 bank with respect to funds transfers                  number 1506–0059. The total estimated
                                              and credit unions engage in transactions                involving CVC or digital assets with
                                                                                                                                                              60 This estimated increase is further broken down
                                              involving CVCs. As assessed above, 530                  legal tender status.
                                                                                                                                                            as follows: 31 CFR 1010.410(e) (threshold changes
                                              MSBs engaged in CVC transactions and                       Estimated Number of Recordkeepers:                 406,144 + CVC transactions 127,200 = 533,344), and
                                              would be impacted by this rule (5,306                   10,542 banks and credit unions. FinCEN                31 CFR 1010.410(f) (threshold changes 557,616 +
                                              + 5,236 + 530 = 11,702).                                estimates that there are approximately                CVC transactions 105,942 = 663,558).

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                                              68018                   Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules

                                              increase in burden hours as a result of                      (iii) The instruction is transmitted by            § 1010.410 Records to be made and
                                              this proposed rulemaking for this                         the sender directly to the receiving bank             retained by financial institutions.
                                              control number is 2,118,942 hours.                        or to an agent, funds transfer system, or             *      *     *    *     *
                                              (2,108,400 threshold change + 10,542                      communication system for transmittal to                  (e) Nonbank financial institutions.
                                              CVC transactions). The new estimated                      the receiving bank.                                   Each agent, agency, branch, or office
                                              total burden hours for OMB control                           (2) For purposes of this paragraph (ll),           located within the United States of a
                                              number 1506–0059 would be 4,408,942                       money means:                                          financial institution other than a bank is
                                              hours.                                                       (i) A medium of exchange currently
                                                                                                                                                              subject to the requirements of this
                                                                                                        authorized or adopted by a domestic or
                                              iv. Questions for Comment                                                                                       paragraph (e) with respect to a
                                                                                                        foreign government, including any
                                                                                                                                                              transmittal of funds in the amount of
                                                In addition to the questions listed                     digital asset that has legal tender status
                                                                                                                                                              $3,000 or more. A financial institution
                                              above, FinCEN specifically invites                        in any jurisdiction. The term includes a
                                                                                                                                                              other than a bank also is subject to the
                                              comment on: (a) Whether the proposed                      monetary unit of account established by
                                                                                                                                                              requirements of this paragraph (e) with
                                              collection of information is necessary                    an intragovernmental organization or by
                                                                                                                                                              respect to a transmittal of funds in the
                                              for the proper performance of the                         agreement between two or more
                                                                                                                                                              amount of $250 or more that begins or
                                              functions of FinCEN, including whether                    countries; or
                                                                                                           (ii) A convertible virtual currency.               ends outside the United States. For
                                              the information will have practical                                                                             purposes of this paragraph (e), a
                                              utility; (b) the accuracy of the estimated                   (3) For purposes of this paragraph (ll),
                                                                                                        convertible virtual currency means a                  transmittal of funds will be considered
                                              burden associated with the proposed                                                                             to begin or end outside the United
                                              collection of information; (c) how the                    medium of exchange (such as
                                                                                                        cryptocurrency) that either has an                    States if a financial institution other
                                              quality, utility, and clarity of the                                                                            than a bank knows or has reason to
                                              information to be collected may be                        equivalent value as currency, or acts as
                                                                                                        a substitute for currency, but lacks legal            know that the transmittor, transmittor’s
                                              enhanced; and (d) how the burden of                                                                             financial institution, recipient, or
                                              complying with the proposed collection                    tender status.
                                                                                                                                                              recipient’s financial institution is
                                              of information may be minimized,                          *       *    *     *     *
                                                                                                           (eee) Transmittal order. (1) The term              located in, is ordinarily resident in, or
                                              including through the application of                                                                            is organized under the laws of a
                                              automated collection techniques or                        transmittal order includes a payment
                                                                                                        order and is an instruction of a sender               jurisdiction other than the United States
                                              other forms of information technology.                                                                          or a jurisdiction within the United
                                                                                                        to a receiving financial institution,
                                              List of Subjects in 31 CFR Parts 1010                     transmitted orally, electronically, or in             States.
                                              and 1020                                                  writing, to pay, or cause another                     *      *     *    *     *
                                                Administrative practice and                             financial institution or foreign financial               (f) Any transmittor’s financial
                                              procedure, Banks, Banking, Currency,                      agency to pay, a fixed or determinable                institution or intermediary financial
                                              Foreign banking, Foreign currencies,                      amount of money to a recipient if:                    institution located within the United
                                              Investigations, Penalties, Reporting and                     (i) The instruction does not state a               States shall include in any transmittal
                                              recordkeeping requirements, Terrorism.                    condition to payment to the recipient                 order for a transmittal of funds in the
                                                For the reasons set forth in the                        other than time of payment;                           amount of $3,000 or more, information
                                              preamble, Parts 1010 and 1020 of                             (ii) The receiving financial institution           as required in this paragraph (f). A
                                              Chapter X of Title 31 of the Code of                      is to be reimbursed by debiting an                    financial institution also is subject to
                                              Federal Regulations are proposed to be                    account of, or otherwise receiving                    the requirements of this paragraph (f)
                                              amended as follows:                                       payment from, the sender; and                         with respect to a transmittal of funds in
                                                                                                           (iii) The instruction is transmitted by            the amount of $250 or more that begins
                                              PART 1010—GENERAL PROVISIONS                              the sender directly to the receiving                  or ends outside the United States. For
                                                                                                        financial institution or to an agent or               purposes of this paragraph (f), a
                                              ■ 1. The authority citation for part 1010                 communication system for transmittal to               transmittal of funds will be considered
                                              continues to read as follows:                             the receiving financial institution.                  to begin or end outside the United
                                                 Authority: 12 U.S.C. 1829b and 1951–1959;                 (2) For purposes of this paragraph                 States if a financial institution knows or
                                              31 U.S.C. 5311–5314 and 5316–5332; Title                  (eee), the term ‘‘money’’ means:                      has reason to know that the transmittor,
                                              III, sec. 314, Pub. L. 107–56, 115 Stat. 307;                (i) A medium of exchange currently                 transmittor’s financial institution,
                                              sec. 701, Pub. L. 114–74, 129 Stat. 599.                  authorized or adopted by a domestic or                recipient, or recipient’s financial
                                              ■ 2. In § 1010.100, revise paragraphs (ll)
                                                                                                        foreign government, including any                     institution is located in, is ordinarily
                                              and (eee) to read as follows:                             digital asset that has legal tender status            resident in, or is organized under the
                                                                                                        in any jurisdiction. The term includes a              laws of a jurisdiction other than the
                                              § 1010.100       General definitions.                     monetary unit of account established by               United States or a jurisdiction within
                                              *       *    *     *    *                                 an intragovernmental organization or by               the United States.
                                                 (ll) Payment order. (1) An instruction                 agreement between two or more
                                              of a sender to a receiving bank,                          countries; or                                         *      *     *    *     *
                                              transmitted orally, electronically, or in                    (ii) A convertible virtual currency.
                                                                                                           (3) For purposes of this paragraph                 PART 1020—RULES FOR BANKS
                                              writing, to pay, or to cause another bank
                                              or foreign bank to pay, a fixed or                        (eee), convertible virtual currency
                                                                                                                                                              ■ 4. The authority citation for part 1020
                                              determinable amount of money to a                         means a medium of exchange (such as
                                                                                                                                                              continues to read as follows:
                                              beneficiary if:                                           cryptocurrency) that either has an

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                                                                                                        equivalent value as currency, or acts as                Authority: 12 U.S.C. 1829b and 1951–1959;
                                                 (i) The instruction does not state a
                                                                                                        a substitute for currency, but lacks legal            31 U.S.C. 5311–5314 and 5316–5332; title III,
                                              condition to payment to the beneficiary                                                                         sec. 314, Pub. L. 107–56, 115 Stat. 307; sec.
                                              other than time of payment;                               tender status.
                                                                                                                                                              701, Pub. L. 114–74, 129 Stat. 599.
                                                 (ii) The receiving bank is to be                       *       *    *     *     *
                                              reimbursed by debiting an account of, or                  ■ 3. In § 1010.410, revise the                        ■ 5. In § 1020.410, revise the
                                              otherwise receiving payment from, the                     introductory text of paragraphs (e) and               introductory text of paragraph (a) to
                                              sender; and                                               (f) to read as follows:                               read as follows:

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                                                                    Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules                                            68019

                                              § 1020.410 Records to be made and                       service and to operate the two bridges                bends through the area that is referred
                                              retained by banks.                                      only while trains are crossing the                    to as the Old Channel before emptying
                                                 (a) Each agent, agency, branch, or                   bridge, and one bridge upon signal if a               into the Detroit River. In 1888 the Zug
                                              office located within the United States                 4-hour advance notice is received.                    Island Improvement Company cut a
                                              of a bank is subject the requirements of                DATES: Comments and related material                  channel through the south section of
                                              this paragraph (a) with respect to a                    must reach the Coast Guard on or before               Zug Island locally called the Short Cut
                                              funds transfer in the amount of $3,000                  December 28, 2020.                                    Channel creating Zug Island and
                                              or more. A bank also is subject to the                  ADDRESSES: You may submit comments                    allowing vessels to bypass the two
                                              requirements of this paragraph (a) with                 identified by docket number USCG–                     ninety-degree bends in the Old Channel.
                                              respect to a funds transfer in the amount               2020–0513 using Federal e-Rulemaking                  This Short Cut Channel is the preferred
                                              of $250 or more that begins or ends                     Portal at https://www.regulations.gov.                path for large vessels. Currently the
                                              outside the United States. For purposes                   See the ‘‘Public Participation and                  waterway is used by large commercial
                                              of this paragraph, a funds transfer will                Request for Comments’’ portion of the                 freighters and several tug and barge
                                              be considered to begin or end outside                   SUPPLEMENTARY INFORMATION section                     vessels. Recreational use of the
                                              the United States if a bank knows or has                below for instructions on submitting                  waterway is very limited. There are
                                              reason to know that the originator,                     comments.                                             twelve bridges across the River Rouge.
                                              originator’s bank, beneficiary, or                                                                               The National Steel Corporation
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   Railroad Bridge, mile 0.40, is a single
                                              beneficiary’s bank is located in, is
                                                                                                      you have questions on this proposed                   leaf bascule bridge, that provides an
                                              ordinarily resident in, or is organized
                                                                                                      rule, call or email: Mr. Lee D. Soule,                unlimited clearance in the open
                                              under the laws of a jurisdiction other
                                                                                                      Bridge Management Specialist, Ninth                   position and a vertical clearance of six
                                              than the United States or a jurisdiction
                                                                                                      Coast Guard District; telephone 216–                  feet above LWD in the closed position.
                                              within the United States. For funds
                                                                                                      902–6085, email [email protected].                 The Delray Connecting Railroad Bridge,
                                              transfers subject to the requirements of
                                                                                                      SUPPLEMENTARY INFORMATION:                            mile 0.34, is a single leaf bascule bridge,
                                              this paragraph (a), each agent, agency,
                                              branch, or office located within the                    I. Table of Abbreviations                             that provides an unlimited clearance in
                                              United States of a bank is required to                                                                        the open position and a vertical
                                                                                                      CFR Code of Federal Regulations                       clearance of seven feet above LWD in
                                              retain either the original or a copy or                 DHS Department of Homeland Security
                                              reproduction of each of the following:                                                                        the closed position. The Delray
                                                                                                      FR Federal Register                                   Connecting Railroad Bridge, mile 0.80,
                                              *      *    *     *     *                               IGLD85 International Great Lakes Datum of
                                                                                                                                                            is a swing bridge that provides an
                                                                                                        1985
                                                In concurrence: By the Department of the                                                                    unlimited clearance in the open
                                                                                                      LWD Low Water Datum based on IGLD85
                                              Treasury.                                                                                                     position and a vertical clearance of
                                                                                                      OMB Office of Management and Budget
                                              Michael G. Mosier,                                      NPRM Notice of Proposed Rulemaking                    seven feet above LWD in the closed
                                              Deputy Director, Financial Crimes                         (Advance, Supplemental)                             position. All three bridges are owned by
                                              Enforcement Network.                                    § Section                                             the Delray Connecting Railroad who is
                                                By order of the Board of Governors of the             U.S.C. United States Code                             requesting the change.
                                              Federal Reserve System.                                 II. Background, Purpose and Legal                     III. Discussion of Proposed Rule
                                              Ann Misback,                                            Basis                                                    The proposed rule will establish the
                                              Secretary of the Board.                                    The Delray Connecting Railroad                     procedures to move the bridge to allow
                                              [FR Doc. 2020–23756 Filed 10–23–20; 11:15 am]           requested to reduce drawtender staffing               rail traffic to cross the bridge while
                                              BILLING CODE 4810–02–P; 6210–01–P                       at their three bridges at Zug Island. The             giving notice to the vessels transiting
                                                                                                      National Steel Corporation Railroad                   the waterway that the bridge will be
                                                                                                      Bridge, mile 0.40, the Delray Connecting              lowering. Ten minutes before the bridge
                                              DEPARTMENT OF HOMELAND                                  Railroad Bridge, mile 0.34, and the                   is lowered for train traffic a
                                              SECURITY                                                Delray Connecting Railroad Bridge, mile               crewmember from the train will initiate
                                                                                                      0.80, currently open on signal and are                a SECURITE call on VHF–FM Marine
                                              Coast Guard                                             required to be manned by a drawtender                 Channel 16 that the bridge will be
                                                                                                      at each bridge. The reason for the                    lowering for train traffic and invite any
                                              33 CFR Part 117                                         request to stop continual drawtender                  concerned mariners to contact the
                                              [Docket No. USCG–2020–0513]                             service is that the primary customer, a               drawtender on VHF–FM Marine
                                                                                                      steel mill on Zug Island, has been                    Channel 12. The drawtender will also
                                              RIN 1625–AA09
                                                                                                      placed into caretaker status,                         visually monitor for vessel traffic and
                                              Drawbridge Operation Regulation;                        significantly decreasing the rail traffic             listen for the standard bridge opening
                                              River Rouge, Detroit, MI                                across these bridges. The operation of                signal of one prolonged blast and one
                                                                                                      the bridges should however remain                     short blast from vessels already
                                              AGENCY: Coast Guard, DHS                                transparent to the vessels navigating the             transiting the waterway. After the ten
                                              ACTION: Notice of proposed rulemaking.                  waterway.                                             minute warning, one last SECURITE call
                                                                                                         The River Rouge is a commercial                    will be made that the bridge will be
                                              SUMMARY: The Coast Guard proposes to                    waterway that serves several heavy                    lowering for rail traffic five minutes
                                              modify the operating schedule that                      industries near the city of Detroit, MI.              before lowering. Once the drawtender is
                                              governs the National Steel Corporation                  The U.S. Army Corps of Engineers in                   satisfied that it is safe the bridge will be

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                                              Railroad Bridge, mile 0.40, the Delray                  cooperation with the U.S.                             lowered for rail traffic. Once the rail
                                              Connecting Railroad Bridge, mile 0.34,                  Environmental Protection Agency are                   traffic has cleared the bridge, the bridge
                                              and the Delray Connecting Railroad                      currently improving the width and                     will be raised and locked in the fully
                                              Bridge, mile 0.80. Delray Connecting                    depth of the Rouge River, where both                  open to navigation position.
                                              Railroad Company, the owner and                         the swing and the bascule Delray                         The Delray Connecting Railroad
                                              operator of these three bridges, has                    Bridges are located. Originally, the River            Bridge, mile 0.34, has had limited
                                              requested to stop continual drawtender                  Rouge navigated two ninety-degree                     requests for openings and provides

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