Withdrawal: Requirements for Certain Transactions Involving CVC or Digital Assets (91 FR 63514)

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

Fincen

2026-10-06

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

63514                  Federal Register / Vol. 91, No. 192 / Tuesday, October 6, 2026 / Proposed Rules

                                                and its implementing regulations,                       institutions to keep records of customers             DEPARTMENT OF THE TREASURY
                                                including the authority under section                   associated with covered transactions to
                                                311 to make such a finding and to                       include the customer’s full identity,                 Financial Crimes Enforcement Network
                                                impose special measures, has been                       date of birth, address, email address, or
                                                delegated to FinCEN.6                                   unique identifying numbers.                           31 CFR Parts 1010, 1020, and 1022
                                                II. Finding and Notice of Proposed                         As stated in the July 2025 report by               RIN 1506–AB47
                                                Rulemaking                                              the President’s Working Group on
                                                                                                                                                              Requirements for Certain Transactions
                                                   On October 23, 2023, FinCEN                          Digital Asset Markets established by
                                                                                                                                                              Involving Convertible Virtual Currency
                                                published a proposed rule that, if                      Executive Order 14178 (E.O. 14178),
                                                                                                                                                              or Digital Assets; Withdrawal
                                                finalized, would impose recordkeeping                   Strengthening American Leadership in
                                                and reporting obligations on covered                    Digital Financial Technology, ‘‘the                   AGENCY: Financial Crimes Enforcement
                                                financial institutions to report certain                Trump Administration supports the                     Network (FinCEN), Treasury.
                                                information when they know, suspect,                    ability of lawful users of digital assets to          ACTION: Proposed rule; withdrawal.
                                                or have reason to suspect a CVC                         privately transact on a public
                                                transaction involves the use of CVC                                                                           SUMMARY: FinCEN is withdrawing a
                                                                                                        blockchain.’’ 10 The report also
                                                mixing within or involving a                                                                                  notice of proposed rulemaking (NPRM)
                                                                                                        acknowledged that although illicit                    that proposed requiring banks and
                                                jurisdiction outside of the United                      actors ‘‘use mixers to obfuscate and
                                                States.7 Under the proposed rule,                                                                             money service businesses (MSBs) to
                                                                                                        launder funds . . . lawful users of                   submit reports, keep records, and verify
                                                FinCEN defined the term ‘‘CVC Mixing’’                  digital assets may leverage mixers to
                                                as activity that entailed the facilitation                                                                    the identity of customers in relation to
                                                                                                        enable financial privacy when                         transactions involving convertible
                                                of CVC transactions in a manner that                    transacting through public
                                                obfuscates the source, destination, or                                                                        virtual currency (CVC) or digital assets
                                                                                                        blockchains.’’ 11 The report                          with legal tender status (LTDA) held in
                                                amount involved in one or more
                                                                                                        recommended that Treasury should                      unhosted wallets or in wallets hosted in
                                                transactions regardless of the type of
                                                                                                        consider next steps regarding its                     a jurisdiction identified by FinCEN.
                                                protocol or service used, such as: (1)
                                                pooling or aggregating CVC from                         proposed rulemaking concerning CVC                    FinCEN will not take any further action
                                                multiple persons, wallets, addresses, or                mixing.12                                             on this NPRM.
                                                accounts; (2) using programmatic or                        FinCEN is withdrawing its finding                  DATES: FinCEN is withdrawing the
                                                algorithmic code to coordinate, manage,                 that international CVC Mixing is a class              proposed rule published at 85 FR 83840
                                                or manipulate the structure of a                        of transactions of primary laundering                 (December 23, 2020), as of October 6,
                                                transaction; (3) splitting CVC for                      concern, and the proposed rule,                       2026.
                                                transmittal and transmitting the CVC                    published on October 23, 2023, seeking                FOR FURTHER INFORMATION CONTACT: The
                                                through a series of independent                         to impose special measure one regarding               FinCEN Regulatory Support Section by
                                                transactions; (4) creating and using                    international CVC Mixing. While                       submitting an inquiry at
                                                single-use wallets, addresses, or                       FinCEN maintains that illicit actors                  www.fincen.gov/contact.
                                                accounts, and sending CVC through                       continue to use mixers and other tools                SUPPLEMENTARY INFORMATION: On
                                                such wallets, addresses, or accounts                    and methods to hinder law enforcement                 December 23, 2020, FinCEN published
                                                through a series of independent                         investigations, this withdrawal is                    an NPRM that proposed adopting
                                                transactions; (5) exchanging between                    informed by the concerns from                         recordkeeping, verification, and
                                                types of CVC or other digital assets; or                commentors that the expansive                         reporting requirements for certain
                                                (6) facilitating user-initiated delays in                                                                     deposits, withdrawals, exchanges, or
                                                                                                        definition of CVC mixing in the
                                                transactional activity.8 Additionally,                                                                        other payments or transfers of CVC or
                                                                                                        proposed rule could have a chilling
                                                FinCEN proposed a definition for                                                                              LTDA by, through, or to a bank or MSB
                                                services called ‘‘CVC Mixers’’ as ‘‘any                 effect on legitimate activity and place a
                                                                                                        large reporting burden on covered                     that involve an unhosted or otherwise
                                                person, group, service, code, tool, or                                                                        covered wallet.1 Under the proposal, the
                                                function that facilitates CVC mixing.’’ 9               financial institutions. However, FinCEN
                                                                                                                                                              term ‘‘unhosted wallet’’ described
                                                The proposed rule would have required                   will continue to monitor activity
                                                                                                                                                              ‘‘when a financial institution is not
                                                covered financial institutions to file a                involving CVC mixers for indicia of
                                                                                                                                                              required to conduct transactions from
                                                report with FinCEN containing certain                   money laundering, terrorist financing,                the wallet.’’ 2 FinCEN proposed defining
                                                information related to CVC Mixing                       or other illicit finance activity, and may            otherwise covered wallets as those
                                                transactions, such as the amount of CVC                 take appropriate steps in the future to               wallets that are held at a financial
                                                transferred, CVC type, CVC mixer used,                  mitigate any such activity.                           institution that is not subject to the
                                                CVC wallet address associated with                                                                            Bank Secrecy Act and is located in a
                                                                                                        Jimmy L. Kirby,
                                                customers, relevant transaction hashes,                                                                       foreign jurisdiction identified by
                                                date of transactions, IP addresses, and a               Deputy Director, Financial Crimes
                                                                                                        Enforcement Network.                                  FinCEN.3 The NPRM proposed
                                                description of activity through a                                                                             requiring banks and MSBs to file a
                                                narrative. The proposed rule would                      [FR Doc. 2026–20429 Filed 10–5–26; 8:45 am]
                                                                                                                                                              report with FinCEN containing certain
                                                have also required covered financial                    BILLING CODE 4810–02–P
                                                                                                                                                              information related to a customer’s CVC
                                                                                                                                                              or LTDA transaction and counterparty,
                                                and includes other authorities reflected in notes                                                             and to verify the identity of their

lotter on DSK8BHNXB4PROD with PROPOSALS1
                                                thereto. Regulations implementing the BSA appear
                                                at 31 CFR Chapter X.
                                                                                                           10 See White House, Strengthening American         customer, if a counterparty to the
                                                   6 See Treasury Order 180–01 (Jan. 14, 2020).         Leadership in Digital Financial Technology, p. 100    transaction is using an unhosted or
                                                   7 FinCEN, Proposal of Special Measure Regarding      (July 2025), https://www.whitehouse.gov/wp-
                                                Convertible Virtual Currency Mixing, as a Class of      content/uploads/2025/07/Digital-Assets-Report-          1 FinCEN, Requirements for Certain Transactions

                                                Transactions of Primary Money Laundering                EO14178.pdf; see also Executive Order 14178, 90       Involving Convertible Virtual Currency or Digital
                                                Concern, 88 FR 72701 (Oct. 23, 2023).                   FR 8647 (Jan. 31, 2025).                              Assets, 85 FR 83840 (Dec. 23, 2020).
                                                   8 Id.                                                   11 Id. at p. 107.                                    2 Id. at 83843.
                                                   9 Id.                                                   12 Id.                                               3 Id.

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                                                                       Federal Register / Vol. 91, No. 192 / Tuesday, October 6, 2026 / Proposed Rules                                         63515

                                                otherwise covered wallet and the                        DATES: Comments and related material                  based on a number of these statutes and
                                                transaction is greater than $10,000, or                 must be received by the Coast Guard on                Executive orders.
                                                multiple transactions that aggregate to                 or before October 21, 2026.
                                                                                                                                                              A. Impact on Small Entities
                                                greater than $10,000 in 24 hours. The                   ADDRESSES: To submit comments and
                                                NPRM also proposed requiring banks                      view available documents, go to https://                 The Regulatory Flexibility Act of
                                                and MSBs to keep records of a                           www.regulations.gov and search for                    1980, 5 U.S.C. 601–612, as amended,
                                                customer’s CVC or LTDA transaction                      USCG–2026–1057.                                       requires Federal agencies to consider
                                                and counterparty, including verifying                   FOR FURTHER INFORMATION CONTACT: If                   the potential impact of regulations on
                                                the identity of their customer, if a                    you have questions about this proposed                small entities during rulemaking. The
                                                counterparty is using an unhosted or                    rule, contact MST2 Elliot Cortes, Sector              term ‘‘small entities’’ comprises small
                                                otherwise covered wallet and the                        Miami Waterways Management                            businesses, not-for-profit organizations
                                                transaction is greater than $3,000.                     Division, U.S. Coast Guard; telephone                 that are independently owned and
                                                   As stated in the report issued by the                786–295–9051, or email                                operated and are not dominant in their
                                                President’s Working Group on Digital                    [email protected].                        fields, and governmental jurisdictions
                                                Asset Markets established by Executive                                                                        with populations of less than 50,000.
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Order 14178, ‘‘Strengthening American                                                                         Section 605 of the RFA allows an
                                                Leadership in Digital Financial                         I. Table of Abbreviations                             agency to certify a rule, in lieu of
                                                Technology,’’ FinCEN is withdrawing                     CFR Code of Federal Regulations                       preparing an analysis, if the rulemaking
                                                the NPRM as part of the Trump                           COTP Captain of the Port                              is not expected to have a significant
                                                Administration’s ongoing efforts to                     DHS Department of Homeland Security                   economic impact on a substantial
                                                ensure digital asset regulations are fit-               FR Federal Register                                   number of small entities. The Coast
                                                for-purpose.4 FinCEN will take no                       NPRM Notice of proposed rulemaking                    Guard certifies under 5 U.S.C. 605(b)
                                                further action on this NPRM.                            § Section                                             that this proposed rule would not have
                                                                                                        U.S.C. United States Code
                                                Jimmy L. Kirby,                                                                                               a significant economic impact on a
                                                Deputy Director, Financial Crimes                       II. Background and Authority                          substantial number of small entities for
                                                Enforcement Network.                                       On May 21, 2026, Red Bull North                    the following reasons.
                                                [FR Doc. 2026–20430 Filed 10–5–26; 8:45 am]             America notified the Coast Guard that                    Vessel traffic will be able to safely
                                                BILLING CODE 4810–02–P                                  they will be hosting a homemade flying                transit around this regulated area. This
                                                                                                        machine contest. Thirty teams will                    regulation will only impact a small area
                                                                                                        build crafts that cannot use stored                   for a few hours. The enforcement period
                                                DEPARTMENT OF HOMELAND                                  energy for flight. They will launch off a             is during a time when vessel traffic is
                                                SECURITY                                                22 feet deck built above the water to see             higher than normal. In addition, the
                                                                                                        how far they can fly on the intercoastal              Coast Guard will issue a Broadcast
                                                Coast Guard                                             waters of Biscayne Bay, Miami, FL on                  Notice to Marines via VHF FM marine
                                                                                                        October 31st from 10 a.m. to 5 p.m.                   channel 16, which will allow small
                                                33 CFR Part 165                                         Hazards from the flying machines                      entities to adjust their transit plans.
                                                [Docket Number USCG–2026–1057]                          breaking apart mid-flight or debris                      If you think that your business,
                                                                                                        drifting unpredictably threaten persons,              organization, or governmental
                                                RIN 1625–AA00                                           vessels, and the marine environment.                  jurisdiction qualifies as a small entity
                                                                                                        The Captain of the Port Sector Miami                  and that this proposed rule would have
                                                Safety Zone; Red Bull Flugtag,
                                                                                                        (COTP) has determined that potential                  a significant economic impact on it,
                                                Intercoastal Waterway, Biscayne Bay,
                                                                                                        hazards associated with event are a                   please submit a comment (see
                                                Miami, FL
                                                                                                        safety concern for anyone within 200                  ADDRESSES) explaining why you think it
                                                AGENCY: Coast Guard, Department of                      feet. Therefore, the COTP is proposing                qualifies and how and to what degree
                                                Homeland Security.                                      this rule under the authority in 46                   this proposed rule would economically
                                                ACTION: Notice of proposed rulemaking.                  U.S.C. 70034, which is needed to                      affect it.
                                                                                                        protect spectators, vessels, and the
                                                SUMMARY: The Coast Guard is proposing                                                                            Under section 213(a) of the Small
                                                                                                        marine environment in the navigable
                                                to establish a temporary safety zone for                                                                      Business Regulatory Enforcement
                                                                                                        waters within the safety zone.
                                                certain navigable waters on the                                                                               Fairness Act of 1996 (Pub. L. 104–121),
                                                Intercoastal Waterway portion of                        III. Discussion of the Rule                           if this proposed rule will affect your
                                                Biscayne Bay in Miami, FL. The safety                      This proposed rule would establish a               small business, organization, or
                                                zone is needed to protect spectators,                   safety zone from 10 a.m. until 5 p.m. on              governmental jurisdiction and you have
                                                vessels, and the marine environment                     October 31, 2026. The safety zone                     questions, contact the person listed in
                                                from potential hazards associated with                  would cover all navigable waters within               the FOR FURTHER INFORMATION CONTACT
                                                event proceedings. This proposed                        200 feet of the event stage. No vessel or             section. Small businesses may send
                                                rulemaking would prohibit persons and                   person would be permitted to enter the                comments to the Small Business and
                                                vessels from being in the safety zone                   safety zone without obtaining                         Agriculture Regulatory Enforcement
                                                unless specifically authorized by the                   permission from the COTP or their                     Ombudsman and the Regional Small
                                                Captain of the Port, Sector Miami. We                   designated representative. The                        Business Regulatory Fairness Boards by
                                                                                                                                                              calling 1–888–REG–FAIR (1–888–734–

lotter on DSK8BHNXB4PROD with PROPOSALS1
                                                invite your comments on this proposed                   regulatory text we are proposing appears
                                                rulemaking.                                             at the end of this document.                          3247).

                                                                                                        IV. Regulatory Analyses                               B. Collection of Information
                                                   4 See White House, Strengthening American

                                                Leadership in Digital Financial Technology, p. 100        We developed this proposed rule after                 This proposed rule will not call for a
                                                (July 2025), https://www.whitehouse.gov/wp-
                                                content/uploads/2025/07/Digital-Assets-Report-
                                                                                                        considering numerous statutes and                     new collection of information under the
                                                EO14178.pdf; see also Exec. Order 14178, 90 FR          Executive orders related to rulemaking.               Paperwork Reduction Act of 1995 (44
                                                8647 (Jan. 31, 2025).                                   Below we summarize our analyses                       U.S.C. 3501–3520).

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