NPRM: Permitted Payment Stablecoin Issuer AML/CFT program and sanctions compliance program requirements (91 FR 18582) (Part 7 of 8)

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

Fincen

7

2026-04-10

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.

revenue. This parameter was chosen to
                                                significance of this impact on those                      512 See supra section XII.C.2.i.b.                          retain an estimate of revenue that does
                                                entities.                                                 513 Id.                                                     not minimize costs or possible
                                                                                                          514 Id.                                                     fluctuations in returns. By using a
                                                  511 See supra table 17 endnote a.                       515 Id.                                                     conservative but realistic estimate,

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                                                18652                                 Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                FinCEN and OFAC avoid                                                         per IDI-subsidiary PPSI and $22,987 per                               and the anticipated average compliance
                                                underestimating the relative impact of                                        non-IDI subsidiary PPSI, and                                          costs each year thereafter. FinCEN and
                                                compliance costs associated with the                                          approximately $5,249 per IDI-subsidiary                               OFAC request public comment on the
                                                proposed rule. FinCEN and OFAC                                                PPSI and $13,540 per non-IDI subsidiary                               general accuracy of these estimates of
                                                request comment on this benchmark.                                            PPSI in each year thereafter.                                         the impact to small entities. In an effort
                                                  In section XII.A.4.ii.a, FinCEN and                                           Table 20 presents FinCEN and                                        to avoid understating the effect on small
                                                OFAC discussed the expected costs of                                          OFAC’s estimates of the share of small                                entities, FinCEN and OFAC
                                                compliance with the proposed rule for                                         entity PPSIs that would experience                                    conservatively base the calculation on
                                                PPSIs. In that section, the first-year                                        significant impact as a result of the
                                                                                                                                                                                                    the estimated costs for small non-IDI
                                                incremental cost for a small PPSI was                                         estimated first-year incremental
                                                                                                                                                                                                    subsidiary PPSIs.
                                                estimated to be approximately $13,737                                         compliance costs with the proposed rule

                                                       TABLE 20—EXPECTED TOTAL COSTS OF PROPOSED REQUIREMENTS AS A SHARE OF MODELED ANNUAL REVENUE
                                                                                                                                                                                                              Percentage of         Percentage of
                                                                                                                                                                                                             small entities for    small entities for
                                                                                                                                                                                                              which Year-1          which Year-1
                                                                                                                                                                                       Modeled AML/
                                                                                                         Cost year                                                                                          AML/CFT program       AML/CFT program
                                                                                                                                                                                      CFT program cost      costs exceed 1%         costs exceed
                                                                                                                                                                                                               of modeled               3% of
                                                                                                                                                                                                                 revenue          modeled revenue

                                                1 .................................................................................................................................             $23,000                     71                    61
                                                2+ ...............................................................................................................................               13,700                     68                    39

                                                c. Small Entity PPSI Customers                                                certification that the prospective PPSI                               that enable AML/CFT functions as
                                                   While a substantial number of the                                          has established and maintains the                                     described here are highly scalable,
                                                firms that FinCEN and OFAC anticipate                                         programs proposed in this NPRM. The                                   allowing small PPSIs to readily identify
                                                would be required to provide customer                                         Agencies’ proposed rules would also                                   and employ more cost-effective options.
                                                information to the PPSIs they wish to                                         require a PPSI that has been granted its                                 In addition, as discussed in greater
                                                engage in direct transactions with, the                                       registration to continue to provide re-                               detail in section XII.A.5.b, FinCEN also
                                                cost of provisioning this information is                                      certification of its AML/CFT program                                  considered adopting additional BOI
                                                expected to be de minimis relative to the                                     and its sanctions compliance program                                  reporting requirements for new legal
                                                average revenue of these firms.516 Based                                      on an annual basis in the years                                       entity customers. Because many primary
                                                on the estimated costs as described in                                        following initial registration. Because                               market customers of potential PPSIs are
                                                section XII.A.4.ii.c and the average                                          the certification requirements are                                    themselves small businesses, such a
                                                annual revenue values in table 19, the                                        ancillary to the actual program                                       requirement that expanded reporting
                                                expected cost to legal entity customers                                       establishments and ongoing                                            requirements beyond the information
                                                by type are .002 percent and .008                                             maintenance that the certifications attest                            that is already provided in the ordinary
                                                percent of revenue, respectively.                                             to, FinCEN and OFAC do not anticipate                                 course of business may have presented
                                                Therefore, while a substantial number of                                      conflict with concurrently proposed                                   an incremental cost for some number of
                                                businesses may be providing                                                   regulations.                                                          these small entities. However, as
                                                information to issuers, FinCEN and                                              The following sections reiterate                                    discussed in that section, FinCEN opted
                                                OFAC do not contemplate that this                                             FinCEN specific alternatives that were                                not to augment these requirements for
                                                requirement would constitute a                                                previously discussed in section XII.A.5.i                             several reasons. First, many stablecoin
                                                significant effect when considered in                                         related to the expected costs and                                     issuers already collect this additional
                                                relation to their overall financial                                           potential benefits to small entities.                                 information in the course of business,
                                                positions.                                                                      As previously referenced in section                                 and are best situated to determine what,
                                                                                                                              XII.A.5.i.a, FinCEN considered                                        if any, additional information is
                                                3. Other Matters: Duplicate,                                                  exempting from or modifying                                           necessary to make risk-based decisions
                                                Overlapping, Conflicting, and                                                 requirements for small entities. In that                              about a customer. Secondly, the absence
                                                Alternative Requirements                                                      section, FinCEN opted against this                                    of this information does not exempt an
                                                   FinCEN and OFAC are unaware of                                             exclusion for several reasons. Firstly,                               issuer from the responsibility to assess
                                                any existing Federal regulations that                                         because PPSI status is a voluntary                                    the risk associated with specific
                                                would overlap or conflict with the                                            designation, small entities wishing to                                customers or their transactions, and
                                                proposed rule. While FinCEN and                                               elsewise adhere to another regulatory                                 thus it is the prerogative of the issuer to
                                                OFAC are mindful of concurrent                                                standard have certain abilities to do so,                             determine whether or not such
                                                GENIUS Act rulemakings that are                                               and thereby not incur the full burdens                                additional information is necessary to
                                                related to the proposed requirements in                                       associated with the proposed PPSI                                     conduct risk-based screening and
                                                this rulemaking, neither FinCEN nor                                           requirements even without seeking and                                 analysis. By not pursing this regulatory
                                                OFAC anticipate a conflict between                                            obtaining an exemption from the                                       alternative, the requirements FinCEN is

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                                                those proposed rules and this NPRM. As                                        Secretary. Secondly, creating some                                    proposing instead would impose lower
                                                previously discussed in section                                               category of PPSI for small issuers that                               costs on both small PPSIs and PPSI
                                                XII.A.2.i.d, the Agencies’ proposed rules                                     would entail lessened AML/CFT                                         customers that are small entities.
                                                will require a prospective PPSI to                                            requirements would conceivably result
                                                                                                                              in the targeting of these PPSIs by illicit                            D. Unfunded Mandates Reform Act
                                                include in its registration submission a
                                                                                                                              actors seeking to circumvent regulatory                                  The UMRA requires that an agency
                                                  516 This cost is estimated to be less than $200 per                         scrutiny. Lastly, FinCEN’s analysis                                   prepare a statement before promulgating
                                                firm. See section XII.A.4.ii.c.                                               indicates that most technology services                               a rule that may result in expenditure by

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                           18653

                                                the state, local, and Tribal governments,               which qualify as ‘‘collections of                       certain reduced AML/CFT program-
                                                in the aggregate, or by the private sector,             information’’ under the PRA, will be                    related expenses due to their position
                                                of $193 million or more in any one year                 submitted to OMB for review in                          within an insured depository institution
                                                ($100 million in 1995, adjusted for                     accordance with the PRA.521 Under the                   parent’s existing AML/CFT program.
                                                inflation).517 Section 202 of UMRA also                 PRA, an agency may not conduct or
                                                                                                                                                                ii. Estimated Annual Burden Hours
                                                requires an agency to identify and                      sponsor, and a person is not required to
                                                consider a reasonable number of                         respond to, a collection of information                    FinCEN has identified nine primary
                                                regulatory alternatives before                          unless it displays a valid control                      cost elements resulting from the
                                                promulgating a rule.                                    number assigned by OMB.522 Written                      recurring recordkeeping and reporting
                                                   As discussed above,518 FinCEN and                    comments and recommendations for the                    costs associated with the requirements
                                                OFAC have not estimated the number of                   proposed information collection can be                  of the proposed rule. These are (1)
                                                potential future SQPSIs given the                       submitted by visiting https://                          establishing and maintaining a written
                                                inherently speculative nature of such an                www.reginfo.gov/public/do/PRAMain.                      AML/CFT program, (2) ongoing
                                                exercise at this time. Consequently,                    Find this particular document by                        customer due diligence, (3) BOI-related
                                                FinCEN and OFAC are unable to more                      selecting ‘‘Currently Under Review—                     customer due diligence, (4) CTRs, (5)
                                                fulsomely assess the potential burden to                Open for Public Comments’’ or by using                  SARs, (6) recordkeeping and travel rule
                                                state, local, and Tribal governments of                 the search function. Comments are                       requirements, (7) information sharing,
                                                the proposed rule and currently do not                  welcome and must be received by June                    (8) special standards of diligence
                                                expect any additional expenditures by                   9, 2026.                                                requirements, and (9) special measure
                                                these parties as an incremental cost of                                                                         requirements.
                                                the proposed rule. However, FinCEN                      1. FinCEN
                                                                                                                                                                a. Recordkeeping Burden Associated
                                                and OFAC’s expectation that this                          In accordance with requirements of                    With Establishing and Maintaining an
                                                rulemaking will not cause material                      the PRA, 44 U.S.C. 3506(c)(2)(A), and its               AML/CFT Program
                                                changes in State expenditures should be                 implementing regulations, 5 CFR part
                                                understood as relating only to the                      1320, the following information                            PPSIs subject to requirements in the
                                                impact of this rulemaking and not to the                concerning the collection of information                proposed rule would need to establish
                                                impact of the GENIUS Act writ large.                    as it relates to the PPSI AML/CFT                       and maintain an AML/CFT program that
                                                The GENIUS Act envisions an active                      requirements is presented to assist those               meets the minimum requirements of the
                                                role for the States in the regulation of                persons wishing to comment on the                       BSA. This program must be approved,
                                                PPSIs as a complement to federal                        information collections.523                             stored, and produced upon request.
                                                regulation.                                                                                                     FinCEN expects that on average, each
                                                                                                        i. Description of Affected Financial                    PPSI would spend approximately 30
                                                   While the analysis above 519 and
                                                                                                        Institutions and OMB Control Numbers                    hours on this activity in the first year,
                                                below 520 indicate that the proposed rule
                                                is not expected to impose incremental                      OMB Control Number(s): 1506–                         and approximately ten hours annually
                                                novel expenditures on the private sector                [XXXX].                                                 in subsequent years.
                                                of $193 million or more, and hence that                    Description of Affected Entities: Only               b. Recordkeeping Burden Associated
                                                additional economic analysis pursuant                   those covered financial institutions                    With Ongoing Customer Due Diligence
                                                to UMRA requirements is not strictly                    defined in section 31 CFR
                                                                                                        1010.100(t)(11) (i.e., PPSIs) would be                     The proposed rule would require
                                                necessary, FinCEN and OFAC believe
                                                                                                        affected.                                               PPSIs to implement appropriate risk-
                                                that the preceding assessment of impact,
                                                                                                           Estimated Number of Respondents: 50                  based procedures for conducting
                                                generally, and consideration of policy
                                                                                                        PPSIs.                                                  ongoing customer due diligence.
                                                alternatives, specifically, would satisfy
                                                                                                           FinCEN estimates an average                          Specifically, PPSIs would be required to
                                                the UMRA’s analytical requirements.
                                                                                                        population of approximately 50 PPSIs in                 (1) understand the nature and purpose
                                                FinCEN and OFAC invite public
                                                                                                        each of the first three years of an                     of customer relationships for the
                                                comment on any additional factors that,
                                                                                                        effective final rule, comprised of                      purpose of developing a customer risk
                                                if considered, would materially alter the
                                                                                                        approximately 20 non-IDI subsidiary                     profile and (2) conduct ongoing
                                                conclusions of this assessment.
                                                                                                        PPSIs and 30 IDI-subsidiary PPSIs.524                   monitoring to identify and report
                                                E. Paperwork Reduction Act                              FinCEN expects these entities to each                   suspicious transactions and, on a risk
                                                  The recordkeeping and reporting                       have an average of 650 new customers                    basis, to maintain and update customer
                                                requirements in the proposed rule,                      annually.525                                            information. FinCEN estimates this
                                                                                                          As this is a developing market,                       activity would take an average of 50
                                                  517 The U.S. Bureau of Economic Analysis reports      FinCEN acknowledges the significant                     hours per PPSI annually.
                                                the annual value of the gross domestic product          uncertainty regarding the number of
                                                implicit price deflator for calendar year 1995 (the
                                                                                                                                                                c. Recordkeeping Burden Associated
                                                year UMRA was enacted) as 66.939, and as 128.974
                                                                                                        banks that would apply to issue                         With BOI-Related Customer Due
                                                for calendar year 2025 (the most recent available).     payment stablecoins, either                             Diligence
                                                Thus, the inflation-adjusted estimate for $100          independently or through consortia and
                                                million is 128.974 ÷ 66.939 × $100 million, or                                                                     In addition, PPSIs would be required
                                                                                                        other partnerships, or engage in other
                                                $192.7 million. U.S. Bureau of Economic Analysis,                                                               to identify and verify beneficial owners
                                                                                                        permitted payment stablecoin activities
                                                Table 1.1.9. Implicit Price Deflators for Gross                                                                 of new accounts opened by legal entity
                                                Domestic Product, available at https://apps.bea.gov/    through a subsidiary. However, as
                                                                                                                                                                customers. The PPSI may obtain the
                                                iTable/?reqid=19&step=3&isuri=1&1921=survey             discussed earlier, FinCEN estimates that

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                                                &1903=13#eyJhcHBpZCI6MTksInN0ZXBzIjpbMSw                                                                        required identifying information by
                                                                                                        PPSIs associated with insured
                                                yLDMsM10sImRhdGEiOltbIk5JUEFfVGFibGVfTGlzd                                                                      either obtaining a prescribed
                                                                                                        depository institutions would have
                                                CIsIjEzIl0sWyJDYXRlZ29yaWVzIiwiU3Vydm                                                                           certification form from the individual
                                                V5Il0sWyJGaXJzdF9ZZWFyIiwiMTk5NSJdL                                                                             opening the account on behalf of the
                                                                                                          521 See 44 U.S.C. 3506(c)(2)(A).
                                                FsiTGFzdF9ZZWFyIiwiMjAyNSJdLFsiU2NhbGU
                                                iLCIwIl0sWyJTZXJpZXMiLCJBIl1dfQ==.                        522 See 44 U.S.C. 3507(a)(3).                         legal entity customer, or by obtaining
                                                  518 See supra section XII.C.2.i.c.                      523 See infra section XII.E.3.                        from the individual the information
                                                  519 See supra sections XII.A through C.                 524 See supra section XII.A.2.ii.a.                   required by the form by another means,
                                                  520 See infra section XII.E.                            525 See supra section XII.A.2.ii.d.2.                 provided the individual certifies to the

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                                                18654                      Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                best of the individual’s knowledge the                  SAR filings and have 266 unfiled cases.                programs as part of current AML/CFT
                                                accuracy of the information.                            With an estimated hourly burden of 1.5                 program requirements.
                                                  PPSIs must maintain a record of                       hours per SAR filing and 0.5 hours per                    Due to the practical challenges of
                                                customers’ identifying information and                  unfiled case, together, these activities               obtaining the total number of
                                                a description of any document relied on                 are estimated to take 418 hours annually               correspondent accounts maintained for
                                                for verification, including a description               per PPSI.                                              foreign financial institutions subject to
                                                of any non-documentary methods and                                                                             general due diligence requirements, the
                                                results of any measures undertaken, and                 f. Recordkeeping Burden Associated                     number of correspondent accounts
                                                the resolutions of substantive                          With Proposed Recordkeeping and                        maintained for foreign banks subject to
                                                discrepancies. PPSIs would be required                  Travel Rule Requirements                               enhanced due diligence requirements,
                                                to retain such records used to identify                    The proposed rule would require                     and the number of private banking
                                                each beneficial owner for five years after              PPSIs to comply with certain                           accounts, the scope of the annual PRA
                                                the date the account is closed and                      recordkeeping obligations, including                   burden is limited to the annual burden
                                                would also be required to retain records                recording and maintaining originator                   of (1) establishing and maintaining a
                                                used to verify the identity of each                     and beneficiary information for certain                due diligence program as part of the
                                                beneficial owner for five years after the               transactions. As discussed in section                  AML/CFT program for foreign
                                                record is made.                                         XII.A.4.ii.a.7, FinCEN expects the                     correspondent accounts and private
                                                  FinCEN estimates this activity would                  primary burden from these requirements                 banking accounts, and (2) securing
                                                take an average of 0.25 hours per new                   to stem from compliance with proposed                  approval of the program by an
                                                customer. Given an average of 650 new                   requirements related to the                            appropriate level of senior management.
                                                customers per year, this would result in                Recordkeeping and Travel Rules which                      FinCEN estimates the annual hourly
                                                an annual burden of 162.5 hours per                     ae codified at 31 CFR 1010.410(e) and                  burden of establishing and maintaining
                                                PPSI.                                                   (f), respectively. The Recordkeeping and               the due diligence program for foreign
                                                                                                        Travel Rules respectively require                      correspondent accounts and private
                                                d. Recordkeeping and Reporting Burden
                                                                                                        financial institutions to collect and                  banking accounts and obtaining
                                                Associated With CTRs
                                                                                                        retain records for funds transfers and                 program approval at two hours per
                                                   As discussed in section VI.C.7,                      transmittals of funds in amounts of                    PPSIs. This estimate covers the burden
                                                entities subject to the AML/CFT                         $3,000 or more and to transmit                         of (1) establishing and maintaining the
                                                program requirements of the BSA are                     information on certain funds transfers                 due diligence program to take into
                                                obligated to file CTRs. Because                         and transmittals of funds to other                     consideration any regulatory changes
                                                stablecoin issuance and redemption is                   financial institutions participating in                and any potential modifications
                                                typically a digital-only business,                      the transfer or transmittal.                           required by changes in the types of
                                                FinCEN considers costs associated with                  Cumulatively, FinCEN estimates the                     foreign correspondent accounts or
                                                filing CTRs to be de minimis for                        annual recordkeeping burden per PPSI                   private banking accounts maintained, or
                                                regulated entities. Therefore, FinCEN                   for these requirements would be                        by changes in the operations or
                                                assigns zero cost to this requirement,                  approximately 20 hours.                                organizational structure of the foreign
                                                but includes it here for pro forma                                                                             financial institutions for which a
                                                completeness.                                           g. Recordkeeping Burden Associated                     covered financial institution maintains
                                                                                                        With Information Sharing                               accounts, as well as changes to the
                                                e. Recordkeeping and Reporting Burden
                                                Associated With SARs                                       The proposed rule would require                     organizational structure of private
                                                                                                        PPSIs to implement the information                     banking accounts (one hour), and (2)
                                                   Under the proposed rule, PPSIs would                 sharing procedures contained in section                presenting the updated due diligence
                                                be required to conduct ongoing                          314(a) of the USA PATRIOT Act.                         program to the appropriate level of
                                                monitoring of customers’ transactions                   Section 314(a) requires financial                      senior management of the financial
                                                and file SARs when appropriate. In                      institutions, upon FinCEN’s request, to                institution for approval (one hour).
                                                addition, PPSIs would be required to                    search their records to determine
                                                maintain copies of filed SARs and the                                                                          i. Recordkeeping Burden Associated
                                                                                                        whether they have maintained an
                                                underlying related documentation for a                                                                         With Special Measure Requirements
                                                                                                        account or conducted a transaction with
                                                period of five years from the date of                   a specified individual, entity, or                        As discussed in section VI.C.11.iii,
                                                filing. FinCEN utilized the findings in a               organization that a law enforcement                    the rule proposes that PPSIs be required
                                                recent Bank Policy Institute report on                  agency has certified is suspected, based               to comply with special measures issued
                                                the number of suspicious activity alerts                on credible evidence, of engaging in                   pursuant to the sections 311, 9714(a),
                                                that turned into cases (i.e., alerts that are           terrorist activity or money laundering.                and 2313a to maintain the options
                                                not considered false positives) and                     FinCEN estimates the annual hourly                     available under these sections to protect
                                                concluded in the filing of a SAR                        burden of complying with the                           the U.S. financial system from certain
                                                (approximately 42 percent) to infer that                requirements under section 314(a)                      illicit finance threats. FinCEN assumes
                                                for each case filed as a SAR,                           would be approximately one hour for                    that all 50 PPSIs would have foreign
                                                approximately 1.4 cases were not                        each regulated entity.                                 correspondent accounts and would
                                                filed.526 While there is no requirement                                                                        therefore incur costs associated with the
                                                to report or retain unfiled suspicious                  h. Recordkeeping Burden Associated                     special measures under section 311.
                                                activity alerts, FinCEN considers this                  With Special Standards of Diligence                       Consistent with the approach outlined
                                                activity to be part of the overall burden               Requirements                                           in FinCEN’s recent 60-day notice,527

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                                                of SAR reporting and recordkeeping.                       Under the proposed rule, PPSIs would                 FinCEN estimates the average burden
                                                   FinCEN estimates that PPSIs would                    be required to apply enhanced due                      for the 20 non-IDI subsidiary PPSIs
                                                file a weighted annual average of 190                   diligence for correspondent and private
                                                                                                                                                                 527 FinCEN, Agency Information Collection
                                                  526 See Bank Policy Institute, Getting to
                                                                                                        banking accounts. The scope of the
                                                                                                                                                               Activities; Proposed Renewal; Comment Request:
                                                Effectiveness—Report on U.S. Financial Institution
                                                                                                        annual PRA burden and cost estimates                   Renewal Without Change of Information Collection
                                                Resources Devoted to BSA/AML & Sanctions                in this renewal is limited to maintaining              Requirements in Connection With the Imposition of
                                                Compliance, supra note 483.                             and updating the due diligence                         Special Measures, 90 FR 57279 (Dec. 10, 2025).

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                                                                                    Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                                                 18655

                                                would be approximately eight hours in                                      first year. FinCEN assumes that in                                          annual burden hours for all affected
                                                the first year for general recordkeeping                                   subsequent years, all 50 PPSIs would                                        PPSIs for year one and years two and
                                                activities. FinCEN assumes that the 30                                     incur an annual 18-minute burden                                            three, respectively.528 FinCEN estimates
                                                IDI-subsidiary PPSIs would leverage the                                    associated with notification.                                               a three-year annual burden of 672 hours
                                                special measure processes that are                                         j. Total Annual Burden                                                      per PPSI 529 and a three-year average
                                                already in place and would therefore                                                                                                                   annual burden of 33,577 hours for all 50
                                                                                                                              Tables 21 and 22 present the annual
                                                each incur only a 0.5-hour burden in the                                                                                                               PPSIs.
                                                                                                                           burden hours per respondent and total
                                                                                                                    TABLE 21—YEAR-1 BURDEN HOUR ESTIMATES
                                                                                                                                                                                                                                                Total
                                                                                                                                                Hours per                  Number of                  Hours per                Number of
                                                                                     Provision                                                                                                                                                 burden
                                                                                                                                                response                   responses                 respondent               respondents       hours

                                                Establishing and maintaining the written AML/CFT pro-
                                                   gram (including program approval, storing the program,
                                                   and producing it upon request) ........................................                                      30                          1                       30                   50         1,500
                                                Ongoing customer due diligence .........................................                                        50                          1                       50                   50         2,500
                                                BOI-related customer due diligence ....................................                                       0.25                        650                    162.5                   50         8,125
                                                Recordkeeping and reporting of CTRs ................................                                             0                          0                        0                   50             0
                                                Recordkeeping and reporting of SARs ................................                                           1.5                        190                      285                   50        14,250
                                                Recordkeeping of unfiled suspicious activity cases ............                                                0.5                        266                      133                   50         6,650
                                                Recordkeeping and Travel Rule requirements ....................                                                 20                          1                       20                   50         1,000
                                                Information sharing requirements (314(a)) ..........................                                             1                          1                        1                   50            50
                                                Establishing and maintaining the enhanced due diligence
                                                   program (including program approval) .............................                                             2                          1                          2                50             100
                                                Special measures (non-IDI subsidiary PPSIs) ....................                                                  8                          1                          8                20             160
                                                Special measures (IDI-subsidiary PPSIs) ............................                                            0.5                          1                        0.5                30              15

                                                      Total ..............................................................................   ........................   ........................   ........................              50        34,350

                                                                                                                  TABLE 22—YEARS-2+ BURDEN HOUR ESTIMATES
                                                                                                                                                                                                                                                Total
                                                                                                                                                Hours per                  Number of                  Hours per                Number of
                                                                                     Provision                                                                                                                                                 burden
                                                                                                                                                response                   responses                 respondent               respondents       hours

                                                Establishing and maintaining the written AML/CFT pro-
                                                   gram (including program approval, storing the program,
                                                   and producing it upon request) ........................................                                      10                          1                       10                   50           500
                                                Ongoing customer due diligence .........................................                                        50                          1                       50                   50         2,500
                                                BOI-related customer due diligence ....................................                                       0.25                        650                    162.5                   50         8,125
                                                Recordkeeping and reporting of CTRs ................................                                             0                          0                        0                   50             0
                                                Recordkeeping and reporting of SARs ................................                                           1.5                        190                      285                   50        14,250
                                                Recordkeeping of unfiled suspicious activity cases ............                                                0.5                        266                      133                   50         6,650
                                                Recordkeeping and Travel Rule requirements ....................                                                 20                          1                       20                   50         1,000
                                                Information sharing requirements (314(a)) ..........................                                             1                          1                        1                   50            50
                                                Establishing and maintaining the enhanced due diligence
                                                   program (including program approval) .............................                                             2                          1                         2                 50             100
                                                Special measures ................................................................                               0.3                          1                       0.3                 50              15

                                                      Total ..............................................................................   ........................   ........................                     664                 50        33,190

                                                iii. Estimated Annual Cost                                                 year one and years two and three,                                           requirements under the proposed rule to
                                                   Tables 23 and 24 present the average                                    respectively. FinCEN estimates the                                          be approximately $4.2 million, with a
                                                annual cost per respondent and total                                       three-year average annual cost of                                           three-year average annual cost of
                                                annual cost for all affected PPSIs for                                     recordkeeping and reporting                                                 $83,660 per PPSI.

                                                                                                                              TABLE 23—TOTAL COST IN YEAR 1
                                                                                                                                                                                                       Average                   Total
                                                                                                                                                                           Hours per
                                                                                                  Provision                                                                                            cost per                 burden        Total cost
                                                                                                                                                                          respondent                 respondent                  hours

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                                                Establishing and maintaining the written AML/CFT program (including pro-
                                                  gram approval, storing the program, and producing it upon request) .........                                                              30                  $3,737               1,500       $186,870

                                                   528 Hourly burden figures presented in tables 22                          529 FinCEN notes that because, in its approach to                         represent the economic burden that any single,
                                                and 23 are rounded to the nearest hundredth of an                          calculating expected time burdens, different burden                         particular PPSI may expect to incur.
                                                hour for presentation purposes. Total burden                               estimates apply to PPSIs of various (1) types (e.g.,
                                                figures are produced using unrounded figures for                           whether a PPSI is a subsidiary of an IDI or not) and
                                                accuracy.                                                                  (2) sizes, average values may not meaningfully

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                                                18656                               Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                                                                                   TABLE 23—TOTAL COST IN YEAR 1—Continued
                                                                                                                                                                                                        Average                 Total
                                                                                                                                                                            Hours per
                                                                                                   Provision                                                                                            cost per               burden         Total cost
                                                                                                                                                                           respondent                 respondent                hours

                                                Ongoing customer due diligence .....................................................................                                      50                      6,229            2,500          311,450
                                                BOI-related customer due diligence ................................................................                                    162.5                     20,244            8,125        1,012,213
                                                Recordkeeping and reporting of CTRs ............................................................                                           0                          0                0                0
                                                Recordkeeping and reporting of SARs ............................................................                                         285                     35,505           14,250        1,775,265
                                                Recordkeeping of unfiled suspicious activity cases ........................................                                              133                     16,569            6,650          828,457
                                                Recordkeeping and Travel Rule requirements ................................................                                               20                      2,492            1,000          124,580
                                                Information sharing requirements (314(a)) ......................................................                                           1                        125              100            6,229
                                                Establishing and maintaining the enhanced due diligence program (includ-
                                                   ing program approval) ..................................................................................                                   2                      249                100        12,458
                                                Special measures (non-IDI subsidiary PPSIs) ................................................                                                  8                      997                160        19,933
                                                Special measures (IDI-subsidiary PPSIs) ........................................................                                            0.5                       62                 15         1,869

                                                      Total ..........................................................................................................   ........................   ........................      34,350        4,279,323

                                                                                                                               TABLE 24—TOTAL COST IN YEAR 2
                                                                                                                                                                                                        Average                 Total
                                                                                                                                                                            Hours per
                                                                                                   Provision                                                                                            cost per               burden         Total cost
                                                                                                                                                                           respondent                 respondent                hours

                                                Establishing and maintaining the written AML/CFT program (including pro-
                                                   gram approval, storing the program, and producing it upon request) .........                                                           10                     $1,246              500          $62,290
                                                Ongoing customer due diligence .....................................................................                                      50                      6,229            2,500          311,450
                                                BOI-related customer due diligence ................................................................                                    162.5                     20,244            8,125        1,012,213
                                                Recordkeeping and reporting of CTRs ............................................................                                           0                          0                0                0
                                                Recordkeeping and reporting of SARs ............................................................                                         285                     35,505           14,250        1,775,265
                                                Recordkeeping of unfiled suspicious activity cases ........................................                                              133                     16,569            6,650          828,457
                                                Recordkeeping and Travel Rule requirements ................................................                                               20                      2,492            1,000          124,580
                                                Information sharing requirements (314(a)) ......................................................                                           1                        125              100            6,229
                                                Establishing and maintaining the enhanced due diligence program (includ-
                                                   ing program approval) ..................................................................................                                   2                       249               100        12,458
                                                Special measures ............................................................................................                               0.3                        37                15        18,869

                                                      Total ..........................................................................................................                     664                   82,696           33,190        4,134,810

                                                iv. Summary of Burden and Cost                                              compliance program under this                                               laundering/counter-terrorist financing
                                                Estimates                                                                   proposed rulemaking to implement the                                        (AML/CFT) program is already
                                                  Estimated Number of Respondents: 50                                       GENIUS Act. OFAC is proposing a new                                         accounted for under FinCEN’s requested
                                                PPSIs.                                                                      part 502 to chapter V of the CFR entitled                                   new OMB control number 1506–
                                                  Estimated Average Aggregate Annual                                        the ‘‘Payment Stablecoin Effective                                          [XXXX], no additional burden is
                                                Recordkeeping and Reporting Burden:                                         Sanctions Compliance Program                                                assigned here to avoid double counting
                                                33,577 hours.                                                               Regulations’’ to effectuate the GENIUS                                      activities that may have substantial
                                                  Estimated Average Aggregate Annual                                        Act’s effective sanctions program                                           functional overlap. The only cost and
                                                Recordkeeping and Reporting Cost:                                           requirement. The proposed information                                       burden calculation itemized below
                                                $4.18 million.                                                              collection covered by this notice                                           pertains to the requirement to maintain
                                                                                                                            includes some of the requirements for                                       the records of the results of, and any
                                                2. OFAC                                                                     an effective sanctions compliance                                           enhancements made following the
                                                  In accordance with requirements of                                        program to be maintained by PPSIs.                                          testing and auditing mandated by the
                                                the PRA, 44 U.S.C. 3506(c)(2)(A), and its                                   Even though the proposed sanctions                                          proposed rule for a PPSI’s sanctions
                                                implementing regulations, 5 CFR part                                        compliance program prescribed five                                          compliance program.
                                                1320, the following information                                             categories of requirement, only two are                                     i. Description of Impacted Financial
                                                concerning the collection of information                                    expected to engender recordkeeping                                          Institutions and OMB Control Numbers
                                                as it relates to the proposed PPSI                                          burdens for purposes of the PRA: (1)
                                                sanctions compliance program                                                internal controls (including maintaining                                      The likely respondents and
                                                requirements is presented to assist those                                   written policies and procedures and                                         recordkeepers affected by the
                                                persons wishing to comment on the                                           certification of PPSI status) and (2)                                       information collections covered by this
                                                information collections.530                                                 maintaining the records of results from

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                                                                                                                                                                                                        authority are PPSIs. OFAC’s current
                                                  OFAC will submit a request for a new                                      testing and auditing and any                                                annual assessment of burden considers
                                                OMB control number for some of the                                          enhancements identified for the                                             the number and type of information
                                                specific, new information collection and                                    sanctions compliance program will be                                        collection and recordkeeping
                                                recordkeeping requirements for PPSIs to                                     covered by this information collection.                                     requirements necessary for record
                                                maintain an effective sanctions                                             Because a recordkeeping burden                                              retention under testing and auditing
                                                                                                                            associated with the internal controls                                       controls to maintain an effective
                                                  530 See infra section XII.E.3.                                            requirements of the anti-money                                              sanctions compliance program for

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                             18657

                                                PPSIs. The submissions covered by this                  collected; (4) ways to minimize the                    OFAC’s ability to estimate the expected
                                                information collection will be reviewed                 burden of the collection of information                size of the affected population.
                                                by the U.S. Department of the Treasury                  on reporting persons, including through                   5. The RIA in this NPRM does not
                                                and may be used for sanctions                           the use of technology; and (5) estimates               include a forecasted population of
                                                reconsiderations and other regulatory or                of capital or start-up costs and costs of              potential future SQPSIs as a specific
                                                administrative actions by OFAC under                    operation, maintenance, and purchase                   category of PPSIs due to limitations in
                                                its authorities.                                        of services required to provide                        data availability. Please provide data,
                                                   OFAC will submit a request for a new                 information.                                           studies, or anecdotal evidence that
                                                OMB control number for the new                                                                                 would enable analysis of the potential
                                                recordkeeping requirements for testing                  F. Additional Requests for Comment                     effects of the proposed requirements on
                                                and auditing for PPSIs to maintain a                       1. This RIA utilizes an assumption of               SQPSIs, generally, and small SQPSIs in
                                                sanctions compliance program under                      presumed compliance with baseline                      particular.
                                                this proposed rulemaking to implement                   regulatory requirements. Is there any                     6. Stablecoin issuers, or potential
                                                the GENIUS Act. The internal controls                   reason to alternatively expect that the                stablecoin issuers, can seek PPSI status
                                                burden is part of broader overall AML/                  proposed rule, if adopted as a final rule,             through various paths, including as a
                                                CFT internal controls and are therefore                 would independently alter the                          subsidiary of a depository institution, an
                                                accounted for under FinCEN’s requested                  likelihood that a previously non-                      uninsured national bank, or as another
                                                new OMB control number 1506-[XXXX].                     complaint entity would newly seek to                   subtype of FQPSI or as a SQPSI. How
                                                                                                        come into compliance? If so, how would                 likely are stablecoin issuers to choose
                                                ii. Estimated Annual Burden Hours                                                                              each path?
                                                                                                        this alter the current expected balance
                                                   OFAC estimates that the average time                 of benefits to costs of the rule as                       7. FinCEN and OFAC formed certain
                                                for information collection for the                      proposed? Please provide data, studies,                expectations about the number of
                                                recordkeeping requirements under the                    or anecdotal evidence that FinCEN and                  primary market customers a typical
                                                sanctions compliance program testing                    OFAC should take into consideration.                   PPSI would have based on data
                                                and auditing elements to be 100 hours                                                                          regarding current stablecoin issuers. Are
                                                                                                           2. The assumption that all potential
                                                for the industry.                                                                                              there other sources of data or other
                                                                                                        PPSIs would either be (1) affiliated with
                                                                                                                                                               methods to more accurately estimate
                                                iii. Estimated Annual Cost                              depository institutions as a subsidiary
                                                                                                                                                               how many unique primary market
                                                                                                        or as part of consortium or (2)                        customers a typical issuer of payment
                                                   The estimated total annual reporting
                                                                                                        successors to entities already registered              stablecoin-like products interacts with?
                                                burden associated with the information
                                                                                                        as MSBs is foundational to FinCEN and                  What costs do these stablecoin issuers
                                                collections authorized under this
                                                                                                        OFAC’s assessment of the incremental                   face in collecting customer information
                                                authority is expected to cost
                                                                                                        changes the proposed rule would                        from these entities? How many of these
                                                approximately $12,458 for the industry.
                                                                                                        introduce. Is this assumption                          customers are new to the issuer on an
                                                iv. Summary of Burden and Cost                          reasonable? Additionally, is the                       annual basis?
                                                Estimates                                               projected distribution of 60 percent IDI-                 8. FinCEN and OFAC have
                                                  The estimated total annual reporting                  subsidiary PPSIs and 40 percent non-IDI                conservatively assumed that the
                                                burden associated with the information                  subsidiary PPSIs reasonable? If not, are               majority of future PPSI customers would
                                                collections authorized under this                       there specific sources of empirical                    either be financial institutions that trade
                                                authority is expected to cost                           evidence or data that would suggest                    a broad range of stablecoin products as
                                                approximately $12,458 for the industry.                 these assumptions should be revised?                   part of their investment portfolios or
                                                Under this information collection, the                  Please provide data, studies, or                       digital asset exchanges that provide off-
                                                estimated annual frequency of retaining                 anecdotal evidence that would support                  chain liquidity to retail customers for a
                                                record for audit and testing is once per                the suggested alternative assumptions.                 similarly broad range of stablecoin
                                                year. OFAC’s estimate for the number of                    3. FinCEN and OFAC’s estimate of the                products, and that these PPSI customers
                                                unique entities annually is                             population of potential PPSIs                          would each need to provide information
                                                approximately 50 PPSIs. OFAC                            incorporates certain assumptions about                 about themselves to a PPSI once per
                                                estimates that the average time for                     the willingness and/or likelihood of                   year. How reasonable are these
                                                information collection and                              current stablecoin issuers to change                   assumptions and expectations? How
                                                recordkeeping requirements to be 100                    certain features of their present product              many new issuing/redeeming
                                                hours for industry.                                     offerings to meet PPSI product                         relationships do current primary market
                                                                                                        requirements. Are there concerns about                 customers for payment stablecoin-like
                                                3. General Request for Comments Under                   the reasonableness of this approach?                   products typically initiate on an annual
                                                the Paperwork Reduction Act                             Please provide data, studies, or any                   basis?
                                                   Comments submitted in response to                    other information that might inform a                     9. Are there other distinct, identifiable
                                                this proposed rule will be summarized                   more accurate assessment of how likely                 subpopulations of the general public
                                                and included in a request for OMB                       current stablecoin issuers are to change               that could reasonably be expected to be
                                                approval. All comments will become a                    PPSI-disqualifying features or launch                  directly affected by the proposed rules
                                                matter of public record. FinCEN and                     alternative products.                                  and should have been separately
                                                OFAC invite comments on: (1) whether                       4. FinCEN and OFAC assume a total                   considered in the RIA? To what extent
                                                the collection of information is                        affected population of approximately 50                could their exclusion have substantive

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                                                necessary for the proper performance of                 PPSIs on average in each of the first                  effects on the RIA’s assessment of
                                                the mission of FinCEN and OFAC,                         three years of an effective final rule. Are            economic impact? Please provide data,
                                                including whether the information shall                 FinCEN and OFAC’s implied                              studies, or reports that would enhance
                                                have practical utility; (2) the accuracy of             assumptions regarding market entry and                 FinCEN or OFAC’s ability to identify
                                                FinCEN and OFAC’s estimate of the                       attrition rates and the resulting                      and quantify such effects.
                                                burden of the collection of information;                population estimate reasonable? If not,                   10. FinCEN and OFAC imposed
                                                (3) ways to enhance the quality, utility,               please provide data, studies, or reports               certain conservative assumptions about
                                                and clarity of the information to be                    that would enhance FinCEN and                          the incremental costs of implementing

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                                                18658                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                technology to block, freeze, and reject                 options presented and their anticipated                the context of the requirements
                                                stablecoin transactions, while                          economic effect.                                       proposed in this NPRM? If so, please
                                                recognizing in their assessment of                         17. The economic expectation that the               describe the effects anticipated and their
                                                current market practices that the                       proposed rule may have a significant                   expected economic significance.
                                                proposed requirements would not                         economic impact on a substantial                          24. Are FinCEN’s analyses of the
                                                represent an incremental cost for many                  number of certain types of potentially                 average costs for each component the
                                                stablecoin issuers who appear to already                affected small entities is sensitive to key            AML/CFT framework as outlined in
                                                have this technology. How common is                     assumptions about how potentially                      section XII.A.4.ii.a an accurate
                                                this technology to stablecoin issuers?                  affected financial institutions would                  reflection of the costs faced by current
                                                How costly is it, and do costs recur on                 respond to the proposed requirements.                  issuers of products that resemble future
                                                an annual basis? Is there a substantive                 FinCEN and OFAC request comment on                     payment stablecoins? If not, are there
                                                difference in costs to obtain and/or                    whether it would instead be more                       specific sources of empirical evidence
                                                retrofit such technology after a                        reasonable to certify that the proposed                or data that would suggest these burden
                                                stablecoin has already been issued?                     rule would not have a significant                      estimates should be revised? Please
                                                   11. Please provide data on the number                economic impact on a substantial                       provide data, studies, or anecdotal
                                                of hours or specific costs associated                   number of small entities.                              evidence that would support any
                                                with current stablecoin issuers’ review                    18. FinCEN and OFAC are requesting                  suggested revisions. Are there reasons to
                                                of suspicious activity and SAR                          comment on the reasonableness of an                    expect that the cost profile for future
                                                reporting. How generalizable are the                    expectation that, in the future, small                 PPSIs would substantively differ from
                                                data points provided to expected future                 IDI-subsidiary PPSI would exist. Are                   the cost profile for current comparable
                                                PPSIs?                                                  there data, studies, or anecdotal                      stablecoin issuers?
                                                   12. FinCEN and OFAC assume that                      information that would suggest these                      25. FinCEN assumed that some PPSIs
                                                many stablecoin issuers may have                        kinds of PPSIs should be expected? If                  would interact with foreign banking
                                                incentives to become PPSIs but did not                  so, please comment on the expected                     entities as primary market customers
                                                have sufficient information to quantify                 population size and the anticipated                    and may therefore incur costs associated
                                                these when analyzing the expected                       significance of the proposed rule’s                    with special standards of diligence and/
                                                benefits of the proposed rule. Please                   economic impact on such small entities.                or the imposition of certain special
                                                describe any incentives that would be                      19. In the IRFA, FinCEN and OFAC                    measures and therefore conservatively
                                                driving factors in a stablecoin issuer’s                utilized a threshold of less than $200                 assigned the related expected
                                                decision to apply for PPSI status and, if               million in total reserve assets to define              compliance burden to all expected
                                                applicable and to the extent feasible,                  a small non-bank payment stablecoin                    future PPSI in its cost models. Is this a
                                                include the expected magnitude of                       issuer. Please comment on the general                  reasonable approach? If not, what share
                                                anticipated financial or economic                       soundness of this approach and/or                      of stablecoin issuers should be expected
                                                benefit to the stablecoin issuer and                    suggest additional methodologies to the                to interact with foreign entities as
                                                comment on the generalizability to other                extent that an alternative approach                    primary market customers? Please
                                                similar issuers.                                        would have been more appropriate.                      provide data, studies, or anecdotal
                                                   13. Are there any additional cost                       20. In the IRFA, FinCEN and OFAC                    evidence that would enhance FinCEN’s
                                                categories associated with establishment                estimated firms’ revenue for non-IDI                   ability to estimate the affected
                                                and maintenance of the proposed AML/                    subsidiary potential PPSIs as five                     population.
                                                CFT programs and/or the proposed                        percent of total reserve assets. Please                   26. Are there any additional, distinct
                                                sanctions compliance program that                       comment on the general soundness of                    categories of cost associated with the
                                                FinCEN and OFAC have failed to                          this approach and/or suggest additional                establishment and maintenance of an
                                                consider? If so, please describe. To what               methodologies to the extent that an                    AML/CFT program or otherwise
                                                extent would a failure to separately                    alternative approach would have been                   associated with ensuring compliance
                                                consider these costs affect the                         more appropriate.                                      with the proposed AML/CFT program
                                                conclusions of the RIA?                                    21. FinCEN and OFAC do not                          requirements that FinCEN should have
                                                   14. FinCEN and OFAC assumed that                     anticipate that the proposed rule would                articulated and separately taken into
                                                many of the same resources would be                     result in novel incremental aggregate                  consideration? If so, please discuss the
                                                utilized by PPSIs to provide and                        expenditures by State, local, or Tribal                extent to which failure to include such
                                                complete the sanctions compliance                       governments, or by the private sector of               considerations would materially alter
                                                program-specific training and AML/CFT                   $193 million or more in any one year.                  FinCEN’s conclusions or expectations of
                                                training that the proposed rules would                  Is there any empirical evidence that                   economic impact.
                                                require. Is this a reasonable assumption?               could be used to support expectations to                  27. Please provide comments on the
                                                If not, please provide data, studies, or                the contrary? If so, what studies, data,               policy alternatives FinCEN considered.
                                                anecdotal evidence that would support                   or anecdotal evidence should have been                 In particular, do FinCEN’s expectations
                                                an alternative assumption.                              taken into consideration?                              about the anticipated balance of costs to
                                                   15. FinCEN and OFAC’s assessment of                     22. Which states are likely to take                 benefits of the alternatives considered
                                                economic impact assumes future PPSIs                    action in response to this proposed rule,              relative to the rule, as proposed,
                                                would incur lower training                              and what actions are states likely to                  comport with market expectations?
                                                implementation costs relative to other                  take? Please provide data, studies,                       28. For the purposes of this economic
                                                financial institutions with larger                      reports, or anecdotal evidence that                    analysis, is it appropriate for OFAC to

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                                                employee bases and broader arrays of                    would enhance FinCEN and OFAC’s                        estimate the incremental effects of the
                                                clients, like traditional banks or broker-              ability to identify and quantify such                  proposed rule based on the presumption
                                                dealers. Is this a reasonable assumption?               effects.                                               of full compliance by U.S. persons with
                                                If not, please provide data, studies, or                   23. Should FinCEN reconsider the                    sanctions law as currently administered
                                                anecdotal evidence that would support                   potential for standalone incremental                   by OFAC?
                                                an alternative assumption.                              economic effects attributable to the                      29. Should OFAC reconsider the
                                                   16. FinCEN and OFAC request                          definitions as proposed in section                     potential for standalone incremental
                                                comment on the alternative policy                       VI.C.1, collectively or individually, in               economic effects attributable to the

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                            18659

                                                definitions as proposed in section VII.C,               31 CFR Part 1033                                       apply to this part. Actions taken
                                                collectively or individually, in the                      Administrative practice and                          pursuant to part 501 of this chapter with
                                                context of the requirements proposed in                 procedure, Banks, banking, Business                    respect to the provisions contained in
                                                this NPRM? If so, please describe the                   and industry, Electronic filing, Foreign               this part are considered actions taken
                                                effects anticipated and their expected                  persons, Investigations, Law                           pursuant to this part. Differing foreign
                                                economic significance.                                  enforcement, Reporting and                             policy and national security
                                                   30. OFAC considers that in practice,                 recordkeeping requirements, Terrorism.                 circumstances may result in differing
                                                regulated persons do not typically                        For the reasons stated in the                        interpretations of similar language
                                                maintain sanctions compliance as a                      preamble, the Office of Foreign Assets                 among the parts of this chapter. No
                                                standalone function but operationalize                  Control proposes to amend 31 CFR                       license or authorization contained in or
                                                sanctions compliance as an integrated                   chapter V and the Financial Crimes                     issued pursuant to other parts of this
                                                component of an entity’s broader AML                    Enforcement Network proposes to                        chapter excuses any requirement of this
                                                compliance framework, and therefore                     amend 31 CFR chapter X as follows:
                                                combine the costs associated with                                                                              part. No license or authorization
                                                sanctions compliance with AML                           Title 31—Money and Finance: Treasury                   contained in or issued pursuant to any
                                                frameworks. Is this a reasonable                                                                               other provision of law or regulation
                                                                                                        CHAPTER V—OFFICE OF FOREIGN
                                                assumption?                                                                                                    excuses any requirement of this part.
                                                                                                        ASSETS CONTROL, DEPARTMENT OF THE
                                                   31. OFAC estimated that retaining                    TREASURY                                               § 502.102   Records and reports.
                                                records for both audit activities and                   ■ 1. Add part 502 to read as follows:
                                                enhancements made to sanctions                                                                                    (a) For provisions relating to required
                                                compliance programs would require                       PART 502—PERMITTED PAYMENT                             records and reports, see part 501,
                                                only a couple of hours annually. How                    STABLECOIN ISSUER EFFECTIVE                            subpart C, of this chapter.
                                                reasonable is this estimate?                            SANCTIONS COMPLIANCE PROGRAM                           Recordkeeping and reporting
                                                   32. Are there any additional, distinct               REGULATIONS                                            requirements imposed by part 501 of
                                                categories of cost associated with the                                                                         this chapter with respect to
                                                establishment and maintenance of a                      Subpart A—General Provisions                           requirements contained in this part are
                                                sanctions compliance program or                         Sec.                                                   considered requirements arising
                                                otherwise associated with ensuring                      502.101 Relation of this part to other laws            pursuant to this part.
                                                compliance with the proposed rule that                       and regulations.
                                                OFAC should have articulated and                        502.102 Records and reports.                              (b) A permitted payment stablecoin
                                                separately taken into consideration? If                 502.103 Procedures.                                    issuer shall provide upon request to
                                                                                                        502.104 Paperwork Reduction Act notice.                OFAC, or its designee, any and all
                                                so, please describe.
                                                   33. OFAC’s analysis notes that its                   Subpart B—Effective Sanctions Compliance               certifications submitted to its primary
                                                proposed rule will not create                           Program Requirements                                   Federal payment stablecoin regulator or
                                                incremental costs for primary market                    Sec.                                                   State payment stablecoin regulator that
                                                customers of PPIs. Is OFAC’s analysis                   502.201 Effective sanctions compliance                 the permitted payment stablecoin issuer
                                                reasonable? If not, please provide                           program requirements for permitted                has implemented an economic sanctions
                                                defensible methods or data, studies, or                      payment stablecoin issuers.                       compliance program pursuant to 12
                                                anecdotal evidence that OFAC could                      502.202 [Reserved]                                     U.S.C. 5904(i)(1).
                                                use to estimate the economic burden its                 Subpart C—General Definitions
                                                proposed rule would have on direct                                                                             § 502.103   Procedures.
                                                                                                        Sec.
                                                customers of PPSIs.                                     502.301 Knowingly.                                       For procedures relating to
                                                                                                        502.302 OFAC.                                          administrative decisions, rulemaking,
                                                List of Subjects
                                                                                                        502.303 Payment stablecoin-related                     and requests for documents pursuant to
                                                31 CFR Part 502                                              activity.
                                                                                                        502.304 Permitted payment stablecoin
                                                                                                                                                               the Freedom of Information and Privacy
                                                  Administrative practice and                                issuer; PPSI.                                     Acts (5 U.S.C. 552 and 552a), see part
                                                procedure, Banks, Banking, Blocking of                                                                         501, subpart E, of this chapter.
                                                assets, Credit, Foreign trade, Payment                  Subpart D—Penalties
                                                stablecoins, Penalties, Permitted                       Sec.                                                   § 502.104   Paperwork Reduction Act notice.
                                                payment stablecoin issuer, Reporting                    502.401 Penalties.
                                                                                                        502.402 Referral to United States
                                                                                                                                                                  OFAC is seeking approval by the
                                                and recordkeeping requirements,                                                                                Office of Management and Budget
                                                Sanctions, Securities, Services.                             Department of Justice; administrative
                                                                                                             collection measures.                              (OMB) under the Paperwork Reduction
                                                31 CFR Part 1010                                          Authority: 3 U.S.C. 301; 12 U.S.C. 5901–
                                                                                                                                                               Act of 1995 (44 U.S.C. 3507) for a new
                                                  Administrative practice and                           5916; 18 U.S.C. 2339B; 19 U.S.C. 3901–3913;            OMB control number for the specific,
                                                procedure, Authority delegations                        21 U.S.C. 1901–1908; 31 U.S.C. 321(b); 50              new recordkeeping requirements for
                                                (Government agencies), Banks, banking,                  U.S.C. 1701–1706, 4301–4341; Pub. L. 101–              permitted payment stablecoin issuers
                                                Brokers, Business and industry,                         410, 104 Stat. 890, as amended (28 U.S.C.              that are required to maintain an
                                                                                                        2461 note).                                            effective sanctions compliance program
                                                Citizenship and naturalization,
                                                Commodity futures, Crime, Currency,                                                                            under this proposed rule. Other
                                                                                                        Subpart A—General Provisions                           information collection and
                                                Electronic filing, Federal savings
                                                                                                                                                               recordkeeping requirements pursuant to

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                                                associations, Foreign persons, Holding                  § 502.101 Relation of this part to other
                                                companies, Indian—law, Indians,                         laws and regulations.                                  any OFAC sanctions program are
                                                Insurance companies,                                      This part is separate from, and                      approved by OMB under control
                                                Intergovernmental relations,                            independent of, the other parts of this                number 1505–0164 and contained in
                                                Investigations, Law enforcement,                        chapter, with the exceptions of part 501               § 501.901 of this chapter. An agency
                                                Penalties, Reporting and recordkeeping                  of this chapter, which includes                        may not conduct or sponsor a collection
                                                requirements, Small businesses,                         recordkeeping and reporting                            of information unless it displays a valid
                                                Securities, Terrorism.                                  requirements and other procedures that                 control number assigned by OMB.

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                                                18660                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                Subpart B—Effective Sanctions                           whether on the primary or secondary                       (iv) Modified to reflect risk
                                                Compliance Program Requirements                         market, that:                                          assessment findings and identified
                                                                                                           (A) Identifies any payment stablecoin-              deficiencies, including testing and audit
                                                § 502.201 Effective sanctions compliance                related activity that is or may be                     findings or following identified
                                                program requirements for permitted                      prohibited by U.S. sanctions;                          violations of U.S. sanctions; and
                                                payment stablecoin issuers.                                (B) Blocks or rejects, as applicable,
                                                   (a) Each permitted payment stablecoin                                                                          (v) Designed to include easily
                                                                                                        any payment stablecoin-related activity                accessible resources and materials for
                                                issuer (PPSI) is required to maintain an                that violates or would violate U.S.
                                                effective sanctions compliance program                                                                         all relevant personnel and stakeholders.
                                                                                                        sanctions;
                                                (SCP).                                                     (C) Provides reports to OFAC as                     § 502.202   [Reserved]
                                                   (b) An effective SCP is one that is risk-            required, including those described in
                                                based and reasonably designed to                        § 502.102(b) and part 501 of this                      Subpart C—General Definitions
                                                ensure compliance with all applicable                   chapter; and
                                                U.S. sanctions. It shall include, at a                     (D) Retains relevant records in                     § 502.301   Knowingly.
                                                minimum:                                                accordance with OFAC recordkeeping                       The term knowingly, with respect to
                                                   (1) Senior management and                            obligations, including those described                 conduct, a circumstance, or a result,
                                                organizational commitment. A PPSI’s                     in part 501 of this chapter.                           means that a person has actual
                                                senior management shall review and                         (ii) Document the internal controls                 knowledge, or should have known, of
                                                approve the SCP and support the SCP’s                   described in paragraph (b)(3)(i) of this               the conduct, the circumstance, or the
                                                effective implementation, including by                  section in writing and clearly                         result.
                                                ensuring the SCP, at a minimum:                         communicate them to all relevant
                                                   (i) Applies to all payment stablecoin-               personnel and stakeholders; and                        § 502.302   OFAC.
                                                related activity;                                          (iii) Routinely review and revise the                 The term OFAC means the
                                                   (ii) Has sufficient resources, including             internal controls described in paragraph               Department of the Treasury’s Office of
                                                necessary investments in human capital,                 (b)(3)(i) by:                                          Foreign Assets Control.
                                                expertise, and information technology to                   (A) Taking timely and appropriate
                                                carry out the activities described in                   action to remediate any identified gaps                § 502.303   Payment stablecoin-related
                                                paragraphs (b)(2) through (b)(5) of this                or deficiencies; and                                   activity.
                                                section;                                                   (B) Ensuring the internal controls
                                                                                                                                                                  The term payment stablecoin-related
                                                   (iii) Is fully integrated into the PPSI’s            effectively address current, new,
                                                                                                                                                               activity includes issuing, trading,
                                                ongoing stablecoin-related operations;                  amended, or updated U.S. sanctions
                                                                                                                                                               holding, transacting, transferring,
                                                   (iv) Routinely provides risk updates,                authorities and applicable U.S.
                                                                                                                                                               redeeming, or any other activity
                                                including testing results, to senior                    sanctions risks, which may include
                                                                                                                                                               involving a payment stablecoin issued
                                                management and other appropriate                        addressing risks identified in the PPSI’s
                                                                                                                                                               by a permitted payment stablecoin
                                                stakeholders within the organization;                   risk assessments or in advisories, alerts,
                                                                                                                                                               issuer from the time of issuance until
                                                and                                                     or notices issued by the Department of
                                                                                                                                                               the payment stablecoin’s removal from
                                                   (v) Provides sufficient authority and                the Treasury or other relevant U.S.
                                                                                                        government agencies.                                   circulation, whether on the primary or
                                                autonomy to the PPSI’s compliance                                                                              secondary market, including through
                                                function to manage effectively U.S.                        (4) Testing and Auditing. Each PPSI
                                                                                                        shall:                                                 redemption or by any other means.
                                                sanctions risks for the entire
                                                                                                           (i) Establish and maintain an                       § 502.304 Permitted payment stablecoin
                                                organization.
                                                                                                        independent testing or audit function,                 issuer; PPSI.
                                                   (2) Risk assessments. Each PPSI shall:
                                                   (i) Conduct holistic assessments of                  accountable to senior management, with
                                                                                                        sufficient resources, expertise, and                     The term permitted payment
                                                U.S. sanctions risks at appropriate                                                                            stablecoin issuer or PPSI means an
                                                                                                        authority to identify U.S. sanctions
                                                intervals. Such assessments should                                                                             individual, partnership, company,
                                                                                                        compliance-related weaknesses and
                                                analyze all payment stablecoin-related                                                                         corporation, association, trust, estate,
                                                                                                        deficiencies;
                                                activity and consider, among other                         (ii) Ensure that qualified personnel                cooperative organization, or other
                                                relevant factors, a PPSI’s customer base,               routinely perform comprehensive,                       business entity, incorporated or
                                                its size and complexity, direct and                     independent, and objective testing or                  unincorporated, that is formed in the
                                                indirect points of contact with foreign                 auditing of the effectiveness of the SCP               United States and is:
                                                persons or persons residing in foreign                  and its functions;                                       (a) A subsidiary of either an insured
                                                jurisdictions, and specific products and                   (iii) Utilize test and audit results as             depository institution, as defined in
                                                services.                                               appropriate to identify and implement                  section 3 of the Federal Deposit
                                                   (ii) Use its risk assessments to inform              any needed updates or enhancements to                  Insurance Act, 12 U.S.C. 1813, or an
                                                the operation of its SCP, including by                  the SCP; and                                           insured credit union, as defined in
                                                revising internal controls and training as                 (iv) Maintain, and provide upon                     section 101 of the Federal Credit Union
                                                appropriate; and                                        request to OFAC, records of the results                Act, 12 U.S.C. 1752, that has been
                                                   (iii) Revise risk assessments as                     and enhancements described in                          approved to issue payment stablecoins,
                                                appropriate to account for any identified               paragraph (b)(4)(iii) of this section.                 as defined in section 2(22) of the
                                                U.S. sanctions violations or deficiencies;                 (5) Training. Each PPSI shall establish             GENIUS Act, by a primary Federal
                                                new products, services, mergers, or                     and maintain a risk-based sanctions                    payment stablecoin regulator, as defined

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                                                acquisitions; and any other factors that                compliance training program that is:                   in section 2(25) of the GENIUS Act;
                                                may affect the PPSI’s risk profile.                        (i) Performed at least annually and
                                                   (3) Internal Controls. Each PPSI shall:              with a frequency appropriate to the                      (b) A Federal qualified payment
                                                   (i) Establish and maintain a system of               PPSI’s risk assessments and risk profile;              stablecoin issuer, as defined in section
                                                risk-based internal controls, including                    (ii) Provided to all relevant personnel             2(11) of the GENIUS Act; or
                                                technical capabilities and written                      and stakeholders;                                        (c) A State qualified payment
                                                policies and procedures, applicable to                     (iii) Appropriately tailored to each                stablecoin issuer, as defined in section
                                                all payment stablecoin-related activity,                trainee’s role and responsibilities;                   2(31) of the GENIUS Act.

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                              18661

                                                Subpart D—Penalties                                     § 1010.100        General definitions.                  on a cryptographically secured
                                                                                                        *       *    *     *     *                              distributed ledger.
                                                § 502.401   Penalties.                                     (t) * * *                                               (qqq) Distributed ledger. A technology
                                                   (a) Material Violations. A permitted                    (9) An introducing broker in                         in which data is shared across a network
                                                payment stablecoin issuer (PPSI) that                   commodities;                                            that creates a public digital ledger of
                                                materially violates the requirement to                     (10) A mutual fund; or                               verified transactions or information
                                                maintain an effective sanctions                            (11) A permitted payment stablecoin                  among network participants and
                                                compliance program (SCP), as described                  issuer.                                                 cryptography is used to link the data to
                                                in § 502.201, shall be liable for a civil               *       *    *     *     *                              maintain the integrity of the public
                                                penalty of not more than $100,000 for                      (ff) * * *                                           ledger and execute other functions.
                                                each day during which the violation                        (8) * * *                                               (rrr) Lawful order. A lawful order is
                                                continues.                                                 (ii) A person registered with, and                   any final and valid writ, process, order,
                                                   (b) Knowing Violations. In addition to               functionally regulated for examined by,                 rule, decree, command, or other
                                                the penalties described in paragraph (a)                the SEC or the CFTC, or a foreign                       requirement issued or promulgated
                                                of this section, a PPSI who knowingly                   financial agency that engages in                        under Federal law, issued by a court of
                                                violates the requirement to maintain an                 financial activities that, if conducted in              competent jurisdiction or by an
                                                effective SCP, as described in § 502.201                the United States, would require the                    authorized Federal agency pursuant to
                                                of this chapter, shall be liable for a civil            foreign financial agency to be registered               its statutory authority, that:
                                                penalty of not more than an additional                  with the SEC or CFTC;                                      (1) Requires an individual,
                                                $100,000 for each day during which the                     (iii) A permitted payment stablecoin                 partnership, company, corporation,
                                                violation continues.                                    issuer; or                                              association, trust, estate, cooperative
                                                                                                           (iv) A natural person who engages in                 organization, or other business entity,
                                                § 502.402 Referral to United States                     an activity identified in paragraphs                    incorporated or unincorporated, to
                                                Department of Justice; administrative                   (ff)(1) through (ff)(5) of this section on              seize, freeze, burn, or prevent the
                                                collection measures.                                                                                            transfer of payment stablecoins it
                                                                                                        an infrequent basis and not for gain or
                                                  In the event that the violator does not               profit.                                                 issued;
                                                pay the penalty imposed pursuant to                                                                                (2) Specifies the payment stablecoins
                                                                                                        *       *    *     *     *                              or accounts subject to blocking with
                                                this part or make payment arrangements                     (bbb) * * *
                                                acceptable to the Director of the Office                                                                        reasonable particularity; and
                                                                                                           (1) Except as provided in paragraph                     (3) Is subject to judicial or
                                                of Foreign Assets Control, the matter                   (bbb)(2) of this section, transaction
                                                may be referred for administrative                                                                              administrative review or appeal as
                                                                                                        means a purchase, sale, loan, pledge,                   provided by law.
                                                collection measures by the Department                   gift, transfer, delivery, or other
                                                of the Treasury or to the United States                                                                            (sss) Payment stablecoin.
                                                                                                        disposition, and with respect to a                         (1) In general. A digital asset (i) that
                                                Department of Justice for appropriate                   financial institution includes a deposit,               is, or is designed to be, used as a means
                                                action to recover the penalty in a civil                withdrawal, transfer between accounts,                  of payment or settlement; and (ii) the
                                                suit in a federal district court.                       exchange of currency, loan, extension of                issuer of which:
                                                Title 31—Money and Finance: Treasury                    credit, purchase or sale of any stock,                     (A) Is obligated to convert, redeem, or
                                                                                                        bond, certificate of deposit, or other                  repurchase for a fixed amount of
                                                CHAPTER X—FINANCIAL CRIMES
                                                                                                        monetary instrument, security, contract                 monetary value, not including a digital
                                                ENFORCEMENT NETWORK, DEPARTMENT
                                                OF THE TREASURY                                         of sale of a commodity for future                       asset denominated in a fixed amount of
                                                                                                        delivery, option on any contract of sale                a monetary value; and
                                                PART 1010—GENERAL PROVISIONS                            of a commodity for future delivery,                        (B) Represents that such issuer will
                                                                                                        option on a commodity, purchase or                      maintain, or create the reasonable
                                                ■ 2. The authority citation for part 1010               redemption of any money order,                          expectation that it will maintain, the
                                                is revised to read as follows:                          payment or order for any money                          digital asset at a stable value relative to
                                                  Authority: 12 U.S.C. 1829b, 1951–1959,                remittance or transfer, purchase or                     the value of a fixed amount of monetary
                                                and 5901–5916; 31 U.S.C. 5311–5314 and                  redemption of casino chips or tokens, or                value.
                                                5316–5336; title III, sec. 314, Pub. L. 107–56,         other gaming instruments, an issuance                      (2) Exceptions. A payment stablecoin
                                                115 Stat. 307; sec. 2006, Pub. L. 114–41, 129           or redemption of a payment stablecoin,                  does not include a digital asset that:
                                                Stat. 458–459; sec. 701, Pub. L. 114–74, 129            or any other payment, transfer, or                         (i) Is a national currency;
                                                Stat. 599; sec. 6403, Pub. L. 116–283, 134                                                                         (ii) Is a deposit (as defined in section
                                                                                                        delivery by, through, or to a financial
                                                Stat. 3388.                                                                                                     3 of the Federal Deposit Insurance Act
                                                                                                        institution, by whatever means effected.
                                                ■ 3. Revising § 1010.100 by:                                                                                    (12 U.S.C. 1813)), including a deposit
                                                                                                        *       *    *     *     *
                                                ■ a. Revising and republishing                                                                                  recorded using distributed ledger
                                                                                                           (eee) Transmittal order. The term
                                                paragraph (t)(9) and (t)(10);                                                                                   technology; or
                                                                                                        transmittal order includes a payment                       (iii) Is a security, as defined in section
                                                ■ b. Adding paragraph (t)(11);                          order and is an instruction of a sender                 2 of the Securities Act of 1933 (15
                                                ■ c. Revising and republishing                          to a receiving financial institution,                   U.S.C. 77b), section 3 of the Securities
                                                paragraph (ff)(8)(ii) and (ff)(8)(iii);                 transmitted orally, electronically, or in               Exchange Act of 1934 (15 U.S.C. 78c), or
                                                ■ d. Adding paragraph (ff)(8)(iv);                      writing, to pay, or cause another                       section 2 of the Investment Company
                                                ■ e. Revising and republishing                          financial institution or foreign financial              Act of 1940 (15 U.S.C. 80a–2).
                                                paragraph (bbb)(1);                                     agency to pay, a fixed or determinable

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                                                                                                                                                                   (3) For purposes of this definition the
                                                ■ f. Revising and republishing                          amount of money or payment stablecoin                   term—
                                                paragraph (eee); and                                    to a recipient if:                                         (i) National currency means each of
                                                ■ g. Adding paragraphs (nnn), (ooo),                    *       *    *     *     *                              the following—
                                                (ppp), (qqq), (rrr), (sss), (ttt), (uuu),                  (nnn) [Reserved]                                        (A) A Federal Reserve note (as the
                                                (vvv), (www), and (xxx).                                   (ooo) [Reserved]                                     term is used in the first undesignated
                                                  The revisions, republications, and                       (ppp) Digital asset. Any digital                     paragraph of section 16 of the Federal
                                                additions read as follows:                              representation of value that is recorded                Reserve Act (12 U.S.C. 411)); or

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                                                18662                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                   (B) A medium of exchange currently                   primary regulatory and supervisory                     residence and bearing a photograph or
                                                authorized or adopted by a domestic or                  authority in such State over entities that             similar safeguard, such as a driver’s
                                                foreign government, including a                         issue payment stablecoins. For purposes                license or passport; and for a person
                                                monetary unit of account established by                 of this definition, the term State                     other than an individual (such as a
                                                an intergovernmental organization or by                 includes each State and each Territory                 corporation, partnership, or trust),
                                                agreement between two or more                           and Insular Possession.                                documents and any amendments thereto
                                                countries that is:                                         (xxx) State qualified payment                       showing the existence of the entity,
                                                   (1) Standing to the credit of an                     stablecoin issuer. An entity that:                     such as certified articles of
                                                account with a Federal Reserve Bank;                       (1) Is legally established under the                incorporation, a government-issued
                                                   (2) Issued by a foreign central bank; or             laws of a State or Territory and Insular               business license, a partnership
                                                   (3) Issued by an intergovernmental                   Possession and approved to issue                       agreement, or a trust instrument. A
                                                organization pursuant to an agreement                   payment stablecoins by a State payment                 covered financial institution may rely
                                                by two or more governments; and                         stablecoin regulator; and                              on the information supplied by the legal
                                                   (ii) Monetary value means national                      (2) Is not an uninsured national bank               entity customer regarding the identity of
                                                currency or deposit (as defined in                      chartered by the Office of the                         its beneficial owner or owners, provided
                                                section 3 of the Federal Deposit                        Comptroller of the Currency pursuant to                that it has no knowledge of facts that
                                                Insurance Act (12 U.S.C. 1813))                         title LXII of the Revised Statutes; a                  would reasonably call into question the
                                                denominated in a national currency.                     Federal branch, or an insured                          reliability of such information.
                                                   (ttt) Permitted payment stablecoin                   depository institution (as described in                   (c) Account. For purposes of this
                                                issuer. An individual, partnership,                     paragraph (ttt)(1) of this section), or a              section, account has the meaning set
                                                company, corporation, association,                      subsidiary, of such national bank,                     forth in § 1020.100(a) of this chapter (for
                                                trust, estate, cooperative organization, or             Federal branch, or insured depository                  banks); § 1023.100(a) of this chapter (for
                                                other business entity, incorporated or                  institutions.                                          brokers or dealers in securities);
                                                unincorporated formed in the United                     ■ 4. In § 1010.230, revise and republish
                                                States that is:                                                                                                § 1024.100(a) of this chapter (for mutual
                                                                                                        paragraphs (b)(2) and (c) to read as                   funds); § 1026.100(a) of this chapter (for
                                                   (1) (i) A subsidiary of an insured                   follows:
                                                depository institution that has been                                                                           futures commission merchants or
                                                approved to issue payment stablecoins                   § 1010.230 Beneficial ownership                        introducing brokers in commodities);
                                                by a primary Federal payment                            requirements for legal entity customers.               and for permitted payment stablecoin
                                                stablecoin regulator; or                                *      *     *     *    *                              issuers a formal relationship between a
                                                   (ii) A subsidiary of an insured credit                  (b) * * *                                           customer and a permitted payment
                                                union that has been approved to issue                      (2) Verify the identity of each                     stablecoin issuer established to provide
                                                payment stablecoins by a primary                        beneficial owner identified to the                     or engage in services, dealings, or other
                                                Federal payment stablecoin regulator;                   covered financial institution, according               financial transactions.
                                                   (2) A Federal qualified payment                      to risk-based procedures to the extent                 *      *     *    *      *
                                                stablecoin issuer; or                                   reasonable and practicable. At a                       ■ 5. In § 1010.410:
                                                   (3) A State qualified payment                        minimum, these procedures must                         ■ a. Removing the word ‘‘or’’ at the end
                                                stablecoin issuer.                                      contain the elements required for                      of paragraph (e)(6)(i)(H) and (I);
                                                   (uuu) Primary Federal payment                        verifying the identity of customers that               ■ b. Revising and republishing
                                                stablecoin regulator.                                   are individuals under § 1020.220(a)(2) of              paragraph (e)(6)(i)(J); and
                                                   (1) For a subsidiary of an insured                   this chapter (for banks); § 1023.220(a)(2)             ■ c. Adding paragraph (e)(6)(i)(K).
                                                depository institution, as described in                 of this chapter (for brokers or dealers in                The removal, revisions,
                                                paragraph (ttt)(1)(i) of this section, the              securities); § 1024.220(a)(2) of this                  republications, and additions read as
                                                appropriate Federal banking agency of                   chapter (for mutual funds);                            follows:
                                                such insured depository institution;                    § 1026.220(a)(2) of this chapter (for
                                                   (2) For an insured credit union or a                                                                        § 1010.410 Records to be made and
                                                                                                        futures commission merchants or                        retained by financial institutions.
                                                subsidiary of an insured credit union, as               introducing brokers in commodities); or
                                                described in paragraph (ttt)(1)(ii), the                                                                       *       *      *     * *
                                                                                                        for permitted payment stablecoin
                                                National Credit Union Administration;                                                                             (e) * * *
                                                                                                        issuers procedures that enable the
                                                   (3) For a State chartered depository                                                                           (6) * * *
                                                                                                        permitted payment stablecoin issuer to                    (i) * * *
                                                institution, not covered in subparagraph
                                                                                                        form a reasonable belief that it knows                    (J) A mutual fund; or
                                                (1), the Federal Deposit Insurance
                                                                                                        the true identity of each individual,                     (K) A permitted payment stablecoin
                                                Corporation, the Office of the
                                                                                                        including procedures that contain the                  issuer; and
                                                Comptroller of the Currency, or the
                                                                                                        elements of § 1020.220(a)(2); provided,                ■ 6. In § 1010.605:
                                                Board of Governors of the Federal
                                                                                                        that in the case of documentary                        ■ a. Revising and republishing (c)(2)(i),
                                                Reserve System; or
                                                   (4) For a Federal qualified payment                  verification, the financial institution                (ii), (iii), and (iv);
                                                stablecoin issuer, the Office of the                    may use photocopies or other                           ■ b. Adding paragraph (c)(2)(v);
                                                Comptroller of the Currency.                            reproductions of the documents listed                  ■ c. Removing the word ‘‘and’’ at the
                                                   (vvv) Federal qualified payment                      in paragraph (a)(2)(ii)(A)(1) of                       end of paragraph (e)(1)(iii);
                                                stablecoin issuer. An entity that is                    § 1020.220 of this chapter (for banks);                ■ d. Revising and republishing (e)(1)(iv);
                                                approved by the Office of the                           § 1023.220 of this chapter (for brokers or             and

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                                                Comptroller of the Currency under 12                    dealers in securities); § 1024.220 of this             ■ e. Adding paragraph (e)(1)(v).
                                                U.S.C. 5904 to issue payment                            chapter (for mutual funds); § 1026.220                    The revisions, republications, and
                                                stablecoins and is either—                              of this chapter (for futures commission                additions read as follows:
                                                   (1) A nonbank entity;                                merchants or introducing brokers in
                                                   (2) An uninsured national bank; or                   commodities), or for permitted payment                 § 1010.605   Definitions.
                                                   (3) A Federal branch.                                stablecoin issuers for an individual, an               *       *    *    *         *
                                                   (www) State payment stablecoin                       unexpired government-issued                                (c) * * *
                                                regulator. A State agency that has the                  identification evidencing nationality or                   (2) * * *

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                                                                            Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                  18663

                                                   (i) As applied to banks (as set forth in               registered, or required to register, with                1033.311 Filing obligations.
                                                paragraphs (e)(1)(i) through (v) of this                  the Securities and Exchange                              1033.312 Identification required.
                                                section):                                                 Commission pursuant to that Act; and                     1033.313 Aggregation.
                                                                                                             (iii) A permitted payment stablecoin                  1033.314 Structured transactions.
                                                   (A) * * *
                                                                                                                                                                   1033.315 Exemptions.
                                                   (ii) As applied to brokers or dealers in               issuer.                                                  1033.320 Reports by permitted payment
                                                securities (as set forth in paragraph                     ■ 8. In § 1010.653:
                                                                                                                                                                       stablecoin issuers of suspicious
                                                (e)(1)(ii) of this section) means any                     ■ a. Removing the word ‘‘and’’ at the                        transactions.
                                                formal relationship established with a                    end of paragraph (a)(3)(ix);
                                                                                                          ■ b. Revising and republishing (a)(3)(x);                Subpart D—Records Required To Be
                                                broker or dealer in securities to provide
                                                                                                          and                                                      Maintained By Permitted Payment
                                                regular services to effect transactions in                                                                         Stablecoin Issuers
                                                securities, including, but not limited to,                ■ c. Adding paragraph (a)(3)(xi).
                                                the purchase or sale of securities and                       The revisions, republications, and                    1033.400 General.
                                                                                                          additions read as follows:                               1033.410 Recordkeeping.
                                                securities loaned and borrowed activity,
                                                and to hold securities or other assets for                § 1010.653 Special measures against                      Subpart E—Special Information Sharing
                                                safekeeping or as collateral;                             Commercial Bank of Syria.                                Procedures To Deter Money Laundering and
                                                   (iii) As applied to futures commission                                                                          Terrorist Activity
                                                                                                             (a) * * *
                                                merchants and introducing brokers (as                        (3) * * *                                             1033.500 General.
                                                set forth in paragraph (e)(1)(iii) of this                   (x) A mutual fund, which means an                     1033.520 Special information sharing
                                                section) means any formal relationship                                                                                 procedures to deter money laundering
                                                                                                          investment company (as defined in                            and terrorist activity for permitted
                                                established by a futures commission                       section 3(a)(1) of the Investment                            payment stablecoin issuers.
                                                merchant to provide regular services,                     Company Act of 1940 ((‘‘Investment                       1033.530 [Reserved]
                                                including, but not limited to, those                      Company Act’’) (15 U.S.C. 80a–3(a)(1)))                  1033.540 Voluntary information sharing
                                                established to effect transactions in                     that is an open-end company (as defined                      among financial institutions.
                                                contracts of sale of a commodity for                      in section 5(a)(1) of the Investment                     Subpart F—Special Standards of Diligence;
                                                future delivery, options on any contract                  Company Act (15 U.S.C. 80a–5(a)(1)))                     Prohibitions, and Special Measures for
                                                of sale of a commodity for future                         and that is registered, or is required to                Permitted Payment Stablecoin Issuers
                                                delivery, or options on a commodity;                      register with the Securities and                         1033.600 General.
                                                   (iv) As applied to mutual funds (as set                Exchange Commission pursuant to the                      1033.610 Due diligence programs for
                                                forth in paragraph (e)(1)(iv) of this                     Investment Company Act; and                                  correspondent accounts for foreign
                                                section) means any contractual or other                      (xi) A permitted payment stablecoin                       financial institutions.
                                                business relationship established                         issuer.                                                  1033.620 Due diligence programs for
                                                between a person and a mutual fund to                     ■ 9. In § 1010.810, add paragraph (b)(11)                    private banking accounts.
                                                provide regular services to effect                        to read as follows:                                      1033.630 Prohibition on correspondent
                                                transactions in securities issued by the                                                                               accounts for foreign shell banks; records
                                                mutual fund, including the purchase or                    § 1010.810         Enforcement.                              concerning owners of foreign banks and
                                                                                                          *     *     *     *    *                                     agents for service of legal process.
                                                sale of securities; and
                                                   (v) As applied to permitted payment                      (b) * * *                                                Authority: 12 U.S.C. 1829b, 1951–1959,
                                                stablecoin issuers (as set forth in                         (11) To the appropriate primary                        and 5901–5916; 31 U.S.C. 5311–5314 and
                                                paragraph (e)(1)(v) of this section)                      Federal payment stablecoin regulator                     5316–5336; title III, sec. 314, Pub. L. 107–56,
                                                                                                          with respect to permitted payment                        115 Stat. 307; sec. 701, Pub. L. 114–74, 129
                                                means any formal relationship                                                                                      Stat. 599.
                                                established by a permitted payment                        stablecoin issuers regularly examined by
                                                stablecoin issuer to provide regular                      the primary Federal payment stablecoin
                                                                                                          regulator for safety and soundness.                      Subpart A—General Provisions
                                                services, dealings, and other financial
                                                                                                          ■ 10. Add part 1033 to read as follows:                  § 1033.100   Definitions.
                                                transactions.
                                                *       *     *     *     *                                                                                          Refer to § 1010.100 of this chapter for
                                                                                                          PART 1033—RULES FOR PERMITTED
                                                   (e) * * *                                                                                                       general definitions not noted in this
                                                                                                          PAYMENT STABLECOIN ISSUERS
                                                   (1) * * *                                                                                                       part. To the extent there is a differing
                                                   (iv) A mutual fund; and                                Sec.                                                     definition in § 1010.100 of this chapter,
                                                   (v) A permitted payment stablecoin                                                                              the definition in this section is what
                                                                                                          Subpart A—General Provisions
                                                issuer.                                                                                                            applies to part 1033. Unless otherwise
                                                ■ 7. In § 1010.651:
                                                                                                          1033.100 Definitions.                                    indicated, for purposes of this part:
                                                                                                          1033.110 Severability.                                     (a) [Reserved]
                                                ■ a. Removing the word ‘‘and’’ at the
                                                end of paragraph (a)(3)(i);                               Subpart B—Programs                                         (b) [Reserved]
                                                ■ b. Revising and republishing (a)(3)(ii);                1033.200 General.
                                                                                                                                                                     (c) [Reserved]
                                                and                                                       1033.210 Anti-money laundering/                          § 1033.110   Severability.
                                                ■ c. Adding paragraph (a)(3)(iii).                            countering the financing of terrorism
                                                   The revisions, republications, and                         program requirements for permitted
                                                                                                                                                                     If any provision of this part, or any
                                                additions read as follows:                                    payment stablecoin issuers.                          provision of §§ 1010.100, 1010.230,
                                                                                                          1033.220 [Reserved]                                      1010.410, 1010.605, 1010.651, 1010.653,
                                                § 1010.651       Special measures against                 1033.221 Supervision and enforcement.                    or 1010.810 of this chapter referencing
                                                Burma.                                                    1033.230 [Reserved]                                      permitted payment stablecoin issuers, is

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                  (a) * * *                                               1033.240 Additional technical capabilities,              held to be invalid, or the application
                                                  (3) * * *                                                   policies, and procedures for permitted               thereof to any person or circumstance is
                                                  (ii) An investment company (as                              payment stablecoin issuers.                          held to be invalid, such invalidity shall
                                                defined in section 3 of the Investment                    Subpart C—Reports Required To Be Made                    not affect other provisions, or
                                                Company Act of 1940 (15 U.S.C. 80a-5))                    By Permitted Payment Stablecoin Issuers                  application of such other provisions to
                                                that is an open-end company (as defined                   1033.300 General.                                        other persons or circumstances, that can
                                                in section 5 of the Investment Company                    1033.310 Reports of transaction in                       be given effect without the invalid
                                                Act (15 U.S.C. 80a-5)) and that is                            currency.                                            provision or application.

                                           VerDate Sep<11>2014     19:40 Apr 09, 2026   Jkt 268001   PO 00000    Frm 00083    Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                18664                       Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                Subpart B—Programs                                        and resources toward higher-risk                       the permitted payment stablecoin issuer
                                                                                                          customers and activities, consistent                   has implemented an AML/CFT program
                                                § 1033.200       General.                                 with the risk profile of the permitted                 pursuant to 12 U.S.C. 5904(i)(1).
                                                   Permitted payment stablecoin issuers                   payment stablecoin issuer, rather than
                                                are subject to the program requirements                   toward lower-risk customers and                        § 1033.220   [Reserved]
                                                set forth and cross-referenced in this                    activities; and                                        § 1033.221   Supervision and enforcement.
                                                subpart. Permitted payment stablecoin                        (iii) Conduct ongoing customer due
                                                                                                                                                                    (a) Definitions. For purposes of this