NPRM: Permitted Payment Stablecoin Issuer AML/CFT program and sanctions compliance program requirements (91 FR 18582) (Part 5 of 8)

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

Fincen

5

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.

regulators.396 As a function of the
                                                number of current stablecoin issuers                      2. Insured Depository Institutions With                proposed amendments, this proposed
                                                may exit the U.S. market, either because                  PPSI Subsidiaries                                      rule is expected to directly affect
                                                they are legally not able to remain if not
                                                                                                             FinCEN and OFAC expect that certain                 FinCEN as well as other Federal
                                                PPSIs, or because the market may
                                                                                                          financial institutions other than future               financial regulatory agencies and their
                                                naturally consolidate as it matures.389
                                                                                                          PPSIs themselves would be impacted by                  compliance examiners, who number
                                                   To estimate the near-term expected                     the rule. In particular, insured                       approximately 7,500 from the Board,
                                                inflow of future PPSIs, FinCEN and                        depository institutions that would have                FDIC, NCUA, and OCC,397 plus several
                                                OFAC looked to the companionate                           a PPSI as a subsidiary may incur                       hundred additional examiners from the
                                                GENIUS Act-related analyses of                            additional costs integrating their PPSI                IRS.398
                                                expected future PPSI registration                         subsidiaries into their broader AML/
                                                requirements performed by OCC, FDIC,                                                                                With respect to the proposed
                                                                                                          CFT programs and sanctions
                                                and NCUA as additional sources of                                                                                sanctions compliance program
                                                                                                          compliance framework.394 Because this
                                                information.390 FinCEN and OFAC                                                                                  obligations, presented in section VII,
                                                                                                          RIA projects that there may be up to 30
                                                expect that a substantial proportion of                   such PPSIs on average in the each of the               this NPRM would require that PPSIs
                                                future PPSIs newly entering the U.S.                      first three effective years of the GENIUS              maintain certain records related to their
                                                stablecoin market would be affiliated                     Act, the corresponding number of                       sanctions compliance program, which
                                                with an insured depository institution                    expected affected insured depository                   can be made available to OFAC upon
                                                or uninsured national bank and that,                      institutions would also be up to 30. It                request.399 As such, the proposed rule
                                                additionally, some potential future                       is anticipated that insured depository                 may affect OFAC’s enforcement
                                                PPSIs that currently do not have any                      institutions would arrange for their                   personnel, who would investigate and
                                                such affiliation, may newly become                        subsidiary PPSI’s compliance policies,                 enforce potential violations of the
                                                affiliated with an insured depository                     procedures, and activities to nest within              effective sanctions compliance program
                                                institution or uninsured national bank.                   the preexisting overall programmatic                   requirement. Additionally, similar to
                                                Insured depository institutions in                        compliance structure of the parent                     FinCEN’s estimation above, the
                                                particular are well-suited to launch                      organization. As such, parent                          proposed rule is anticipated to directly
                                                payment stablecoin products due to                        organizations may be economically                      affect other Federal financial regulatory
                                                their position within financial markets,                  affected by the need to revise, expand,                agencies and their compliance
                                                customer base, and existing technology                    or otherwise tailor their existing                     examiners, who number approximately
                                                and compliance infrastructure.                            practices. It is possible that similarities            7,500 from the Board, FDIC, NCUA, and
                                                   The OCC, FDIC, and NCUA have each                      between the existing requirements for                  OCC, who already incorporate sanctions
                                                conducted independent research with a                     banks and this proposal would reduce,                  compliance review as part of the
                                                view to estimating the number of                          though not eliminate, these costs.                     examination process.400
                                                potential PPSIs that would register as                    b. Regulators and Other Compliance
                                                PPSIs in the near-term future.391                         Examiners                                              regulators. However, given that the GENIUS Act
                                                Summing across these respective                                                                                  sets out a federal regulatory framework with certain
                                                exercises yields a projection of up to 42                    Examiners that would be required to                 tasks for Federal regulators, it is difficult at this
                                                                                                          assess future PPSIs’ compliance with                   time to do more than speculate about what actions
                                                new PPSIs that would initially register                                                                          states may take, and therefore FinCEN and OFAC
                                                as entities affiliated with insured                       AML/CFT and sanctions compliance                       did not attempt to estimate the effect of this rule
                                                depository institutions. Taking each of                   program requirements are expected to                   on state regulatory agencies. However, FinCEN and
                                                those independent analyses, their                         be directly affected by the proposed                   OFAC are interested in receiving comments offering
                                                                                                          rule.395 With respect to the proposed                  assessments on this subject.
                                                respective methodologies, and expected                                                                              396 FinCEN is not proposing to amend
                                                levels of precision into consideration,                      392 Because no currently operating stablecoin       § 1010.810(b)(8) to effectuate this because the
                                                FinCEN and OFAC anticipate that the                       issuers have been identified that can, with more
                                                                                                                                                                 existing delegation covers it. See supra section
                                                proposed rule could be expected to                        certainty than not, be expected to become a SQPSI      VI.C.2.i.
                                                                                                                                                                    397 This figure is based on the estimated number
                                                apply to an average of approximately 50                   within the PPSI regulatory framework (as defined
                                                                                                          in proposed 31 CFR 1010.100(ttt)(3) and 31 CFR         of compliance examiners at the Board, FDIC,
                                                                                                          1010.100(xxx)), the population used in this analysis   NCUA, and OCC.

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                  389 To the extent that the evolution of the                                                                       398 These figures represent an approximate
                                                                                                          does not include an estimate for these types of
                                                stablecoin market is comparable to other technology       potential future PPSIs.                                number of Federal examiners provided by Federal
                                                sector models. See e.g., Steven Klepper, ‘‘Entry,            393 See supra sections VI.C.1.xi and xiii           functional regulators with AML/CFT supervisory
                                                Exit, Growth, and Innovation over the Product Life        (discussing potential definitions for FQPSIs and       responsibilities.
                                                Cycle,’’ The American Economic Review, vol. 86,           SQPSIs at 31 CFR 1010.100(vvv) and (xxx),                 399 See supra section VII.A.
                                                no. 3 (June 1996), at pp. 562–83, available at https://   respectively); see also 12 U.S.C. 5901(11), (31).         400 On the listed figure, see supra note 398. See
                                                www.jstor.org/stable/pdf/2118212.pdf.                        394 See supra section VI.A.2.i.
                                                                                                                                                                 generally OFAC, Examination Guidelines, (Jun. 30,
                                                  390 See supra note 11.                                     395 Certain state regulators may be affected in a   2005) available at https://ofac.treasury.gov/recent-
                                                  391 See id.                                             way that is comparable to the effects on Federal       actions/20050630a.

                                           VerDate Sep<11>2014    18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00048   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM    10APP3
                                                                            Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                    18629

                                                c. Law Enforcement and National                          fraud 404 and help prevent the use of                   unauthorized transactions as they
                                                Security Agencies                                        payment stablecoins to enable and fund                  would apply on either the primary and
                                                   The proposed rule is intended to                      illicit activity counter to U.S. national               secondary market, regardless of the
                                                support the efforts of law enforcement                   security interests.405                                  proposed rule’s requirement that PPSIs
                                                and national security agencies by                        2. PPSI Customers                                       maintain an effective sanctions
                                                promoting AML/CFT compliance and                                                                                 compliance program. Furthermore, PPSI
                                                                                                            Because the proposed AML/CFT                         customers who are U.S. persons are
                                                sanctions compliance program                             requirements include obligations that
                                                implementation among stablecoin                                                                                  already obligated to comply with U.S.
                                                                                                         depend on information collected and
                                                issuers that become PPSIs, which                                                                                 sanctions themselves. As a result, OFAC
                                                                                                         produced by a PPSI’s customers,
                                                should generate highly useful reports                                                                            would not expect any incremental costs
                                                                                                         FinCEN considered the prospective
                                                and other data in addition to deterring                  customers of future PPSIs as uniquely                   to the customers of PPSIs as a result of
                                                predicate crimes and violations of U.S.                  affected members of the general public.                 the proposed rule.
                                                laws and regulations. Law enforcement                    Although estimated payment stablecoin                      To estimate the number of expected
                                                and national security agencies that enter                users number in the hundreds of                         primary market customers a future PPSI
                                                into a memorandum of understanding                       millions, a substantially smaller number                might interact with and, therefore, need
                                                with FinCEN can directly access and                      (in the hundreds of thousands) are                      to collect certain information and
                                                use reports and data provided to                         likely to interact with PPSIs in the                    conduct due diligence on under the
                                                FinCEN in compliance with AML/CFT                        primary market. Many of these                           proposed AML/CFT requirements,
                                                requirements. As of fiscal year 2024, 432                customers are large financial                           FinCEN and OFAC examined current
                                                Federal, State, and local law                            institutions, as described above in                     on-chain minting and redemption
                                                enforcement; regulatory; and national                    section IV.A, and most large stablecoin                 activity as observable from publicly
                                                security agencies had access to BSA                      issuers set significant financial                       available data. The majority of
                                                reports and BSA Search, and the BSA                      requirements for primary market                         stablecoin products meeting the
                                                Portal had over 12,000 users.401 In                      participants that exclude retail-level
                                                addition, reports of blocked property                                                                            GENIUS Act’s definitional criteria for
                                                                                                         participation. Most primary market                      future payment stablecoins that FinCEN
                                                and rejected transactions submitted to                   activity, as measured in transaction
                                                OFAC can be key to developing                                                                                    and OFAC reviewed had fewer than
                                                                                                         volume, is attributable to these large                  1,000 primary market customers in a
                                                sanctions enforcement actions that help                  entities. However, some issuers have
                                                protect U.S. national security interests.                                                                        given year, which is consistent with
                                                                                                         increasingly adopted wider-facing mint/
                                                                                                                                                                 prior expectations of high barriers to
                                                d. Members of the General Public                         redeem models that seek to include
                                                                                                                                                                 market participation. However, a small
                                                                                                         smaller investors and businesses. To the
                                                   FinCEN and OFAC expect the general                                                                            number of the stablecoins reviewed had
                                                                                                         extent that PPSI markets continue to
                                                public to be affected by the proposed                    face large, or almost exclusively, larger               significantly more primary market
                                                rule, with certain subpopulations                        clients who are themselves legal                        contact (with up to as many as 250,000
                                                affected more directly than others in                    entities, financial institutions, or other              customers) in a given year. In the
                                                specific instances.402                                   non-natural persons, the typical future                 sample of issuers FinCEN reviewed, the
                                                                                                         PPSI would be expected to face a higher                 average number of an issuer’s primary
                                                1. General Public
                                                                                                         per-customer burden than other types of                 market customers was approximately
                                                   Implementing the proposed rule                        financial institutions that currently have              17,000, but this value appeared to be
                                                would ensure that PPSIs are ‘‘subject to                 AML/CFT program obligations                             driven by extreme outliers. The
                                                all Federal laws applicable to a financial               comparable to those that would apply to                 truncated average was approximately
                                                institution located in the United States                 PPSIs but a lower concentration of legal                1,000, and the median value was 100.406
                                                relating to economic sanctions,                          entity customers to individuals. Because
                                                prevention of money laundering,                                                                                     Based on this analysis, FinCEN
                                                                                                         certain program requirements that rely                  estimates that the ‘‘average’’ PPSI would
                                                customer identification, and due                         on customer information have burdens
                                                diligence.’’ 403 Ensuring these guardrails                                                                       have approximately 1,000 primary
                                                                                                         that scale with the complexity of the                   market customers that it interacts with
                                                and infrastructure are in place is                       customer and, in general, legal entity
                                                fundamental to unlocking the potential                                                                           directly, including issuing and
                                                                                                         customers have more complex                             redeeming payment stablecoins and
                                                benefits that a vibrant and well-                        information to provide than natural
                                                functioning payment stablecoin market                                                                            engaging in digital asset service
                                                                                                         persons, both future PPSIs and their                    provider activities where those activities
                                                can offer the public (described above in                 typical prospective customers would
                                                section IV.B) because these regulatory                                                                           are authorized by the appropriate
                                                                                                         face compliance-related cost profiles                   primary Federal or the State payment
                                                guardrails and infrastructure are                        that are unique to the industry.
                                                necessary to insulate the system from                       OFAC also considered the impact of                   stablecoin regulator and consistent with
                                                abuse and critical risks to its integrity                the proposed rule on the relationship                   all other federal and state laws.
                                                (described in section IV.D). FinCEN and                  between PPSIs and their customers.                      However, some PPSIs are expected to
                                                OFAC also considered that the proposed                   Because PPSIs would be considered                       have substantially more or substantially
                                                rule could further benefit the general                   U.S. persons, they are therefore subject                fewer. On aggregate, FinCEN does not
                                                public to the extent that AML/CFT and                    to U.S. sanctions laws, including                       expect the total market population of
                                                sanctions compliance would deter the                     obligations to block or reject                          identifiably unique future primary

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                use of payment stablecoins to enable                                                                             market PPSI customers to exceed
                                                                                                           404 The Federal Bureau of Investigation estimated
                                                  401 See FinCEN, Financial Crimes Enforcement
                                                                                                         that in 2025 direct losses to U.S. citizens resultant     406 To address the impact of extreme outliers, the
                                                Network (FinCEN) Year in Review for Fiscal Year          of crypto-related scammers and fraudsters exceeded      truncated average was estimated by removing six
                                                2024, p. 5. Note that not all users are from external    $7.2 billion. See Federal Bureau of Investigation,      percent of the sample from the left and right tails
                                                agencies. FinCEN employees are also among the            2025 internet Crime Report (2026), available at         of the distribution (the single smallest and largest
                                                users with access to the BSA Portal.                     https://www.ic3.gov/AnnualReport/Reports/2024_          values). The largest value was more than three
                                                  402 See infra section XII.A.2.ii.d.2.                  IC3Report.pdf; see also supra section IV.D.2.           standard deviations away from nearest value,
                                                  403 12 U.S.C. 5903(a)(5)(A).                             405 See supra section IV.D.                           making it a significant outlier.

                                           VerDate Sep<11>2014    18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00049   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                18630                      Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                300,000.407 However, FinCEN and                         of primary market customers are                        account the observed incidence and rate
                                                OFAC anticipate that a substantial                      reasonable.                                            of MSB registration and BSA report-
                                                number of these observably unique                                                                              filing activity as well as the general
                                                                                                        iii. Current Market Practices
                                                customers may be affiliates of a single                                                                        utilization of BSA filings by law
                                                counterparty (i.e., not substantively                      In assessing the impact of the                      enforcement and national security
                                                unique or representative of distinct legal              proposed rule, FinCEN and OFAC took                    agencies’ efforts that PPSIs would
                                                entities) or associated with non-U.S.                   into consideration a number of current                 contribute to under the proposed
                                                entities.408 As such, FinCEN and OFAC                   market features relevant to both the                   requirements, and thereby indirectly
                                                find that a more appropriate estimate of                proposed future AML/CFT obligations                    benefit the general public.
                                                the population of primary market                        and the proposed sanctions compliance
                                                                                                        program requirements of potential                      1. Current Stablecoin Issuer MSB
                                                customers that are unique U.S.
                                                                                                        future PPSIs.410 FinCEN then separately                Registration
                                                businesses, legal entities, or other non-
                                                natural person is much smaller than                     considered current practices of unique                    In its review of MSB registrations
                                                300,000 and is closer to approximately                  relevance to its proposed AML/CFT                      newly filed, revised, or renewed by the
                                                10,000. These businesses belong to                      requirements,411 while OFAC similarly                  issuers of stablecoin products at least
                                                several categories, including digital                   considered economic sanctions                          once in the most recent two calendar
                                                asset exchanges, specialized digital asset              compliance-related current market                      years, FinCEN observed that
                                                commodities traders, and other types of                 practices.412                                          approximately 50 percent of the
                                                investment and securities related                                                                              stablecoin-issuing entities identified in
                                                                                                        a. Market Structure and Activities                     section XII.A.2.ii.a.1 appear to have
                                                businesses. Besides digital asset
                                                exchanges, FinCEN and OFAC expect                          At present, the stablecoin market is                submitted the requisite filings to be
                                                that most of a typical future PPSI’s other              characterized by many features of early                registered as MSBs, including one issuer
                                                customers are likely to be financial                    stage development, and within this                     also affiliated with a major international
                                                institutions.409                                        ecosystem, existing stablecoins whose                  bank. Current stablecoin products for
                                                   FinCEN and OFAC also used publicly                   issuers would potentially be eligible to               which no associated MSB registration
                                                available data on on-chain minting and                  register as a payment stablecoin issuers               activity could be identified, while
                                                redemption activity to analyze annual                   (PPSIs or FPSIs) in the future constitute              representing nearly half of the current
                                                rates of customer growth and turnover.                  a small proportion of currently available              stablecoin-issuing population,
                                                Many of the stablecoin issuers reviewed                 products (less than one in five) but a                 represented less than one percent of the
                                                retained the same group of large ‘‘core’’               considerably larger share of current                   total market capitalization of all the
                                                primary market customers year over                      market capitalization, ranging in                      likely potential future payment
                                                year but exhibited significant turnover                 expectation from approximately 75 to 81                stablecoin products.
                                                among their smaller primary market                      percent, with variation based on
                                                                                                                                                               2. Current Stablecoin Issuer AML/CFT
                                                customers. In addition, most stablecoin                 assumptions. Thus, the stablecoin
                                                                                                                                                               Programs
                                                issuers saw significant growth in their                 market that future PPSIs would face
                                                                                                        might reasonably be expected to persist                   Even without the AML/CFT
                                                primary market customer base during                                                                            requirements of the BSA or the GENIUS
                                                2025. For purposes of modelling                         in being highly concentrated.
                                                                                                           Current stablecoin issuers,                         Act, FinCEN expects that many
                                                expected economic effects, FinCEN and                                                                          stablecoin issuers would still be likely
                                                OFAC assume that this growth will                       particularly those with larger market
                                                                                                        shares, also appear to be part of more                 to employ some AML/CFT measures in
                                                continue, particularly among stablecoin                                                                        their current issuance and trading
                                                issuers that are able to secure PPSI                    complex corporate structures, existing
                                                                                                        operationally within a framework of                    frameworks. For example, nearly all
                                                registration. Of the stablecoin issuers                                                                        centralized issuers collect information
                                                FinCEN reviewed, the average rate of                    affiliated legal entities that may be
                                                                                                        functionally unified but, for either tax or            on their direct customers (i.e., ‘‘primary
                                                new customer inflow, year-over-year,                                                                           market’’ customers) when minting or
                                                was approximately 65 percent of the                     legal purposes, considered technically
                                                                                                        distinct. It is unclear if these                       redeeming coins.413 Direct customers
                                                number of existing, previous customers.                                                                        must typically provide information such
                                                Therefore, FinCEN and OFAC apply this                   configurations should be expected to
                                                                                                        persist in their current form once the                 as name, address, Social Security
                                                rate, where relevant, when estimating                                                                          number/tax ID number (TIN),
                                                the costs in the remaining analysis.                    GENIUS Act becomes effective.
                                                                                                                                                               government ID, and often additional
                                                FinCEN requests comment on whether                      b. Current AML/CFT Compliance                          business documentation.
                                                the assumptions regarding the number                    Practices                                                 In order to collect, screen, and store
                                                                                                           To inform its assessment of the                     customer information in the ordinary
                                                  407 A substantial portion of these customers may
                                                                                                        expected incremental impact of the                     course of business, stablecoin issuers
                                                be affiliates of a single counterparty or associated
                                                with non-U.S. entities. In cases where these entities   proposed obligations, FinCEN                           and other financial market participants
                                                are not U.S. persons, the incremental economic          considered several features related to                 often employ software technologies
                                                burdens of the proposed rule, while considered as       current stablecoin issuers’ AML                        especially suited for this purpose. These
                                                part of the broader economic analysis, are not                                                                 third-party services often provide
                                                included in the IRFA (see infra section XII.C)          practices. In particular, FinCEN
                                                because RFA considerations apply to U.S. small          performed additional analysis of the                   customer identity information
                                                entities only.                                          stablecoin issuers identified, as                      verification and screening to collect and
                                                  408 In cases where these entities are not U.S.
                                                                                                        discussed above in section XII.A.2.ii.a,               verify personal information such as
                                                persons, the incremental economic burdens of the

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                proposed rule, while considered as part of the
                                                                                                        as potential future PPSIs, taking into
                                                                                                                                                                  413 The FATF identifies central governance bodies
                                                broader economic analysis, are not included in the                                                             (issuers) as ‘‘obliged entities’’ responsible for
                                                                                                          410 The term ‘‘potential payment stablecoin’’ is
                                                IRFA because RFA considerations apply to U.S.                                                                  customer due diligence and transaction monitoring;
                                                small entities only.                                    meant in this analysis to refer to those products      they typically collect some customer information
                                                  409 Such firms would be classified under North        which, based on FinCEN’s analysis, possess the         from primary market customers. See FATF, Report
                                                American Industry Classification System (NAICS)         attributes that could qualify them as ‘‘payment        to the G20 on So-called Stablecoins, pp. 9–11 (Jun.
                                                industry code 523 (‘‘Securities, Commodity              stablecoins’’ as defined in the GENIUS Act.            2020), available at https://www.fatf-gafi.org/en/
                                                                                                           411 See infra section XII.A.2.iii.b.
                                                Contracts, and Other Financial Investments and                                                                 publications/Virtualassets/Report-g20-so-called-
                                                Related Activities’’).                                     412 See infra section XII.A.2.iii.c.                stablecoins-june-2020.html.

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00050   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                           18631

                                                name or address. These products                         4,000 per entity in calendar year 2025,                often separate from the legal entities
                                                provide a technical basis for many                      the average was about 350, and the                     responsible for facilitating money
                                                AML/CFT compliance tasks,                               truncated average was 104.414 In some                  transmission as an MSB. However,
                                                particularly with regard to primary                     cases, high filing counts may have also                based on the SAR filings that FinCEN
                                                market customers.                                       been attributable to the stablecoin                    reviewed, it seems clear that these
                                                   As previously discussed in section                   issuer’s offering of other products and                functions operate in close coordination
                                                XII.A.2.ii.d.2, many of the potential                   services in addition to its stablecoin                 with one another. In addition, it appears
                                                future PPSIs identified by FinCEN have                  offerings (resulting in a wider range of               plausible, based on BSA filing data, that
                                                tended to retain the same group of large                activity that could result in a SAR), so               stablecoin issuers may use offshore
                                                ‘‘core’’ primary market customers year                  the truncated average is likely a closer               entities or accounts to achieve favorable
                                                over year but have exhibited significant                estimate for the average rate of                       tax treatment or additional legal
                                                turnover among smaller primary market                   stablecoin-related SAR filing frequency                flexibility.
                                                customer institutions focused on market                 for the typical future PPSI. While                        In addition to filing BSA reports,
                                                arbitrage or other short-term trading                   FinCEN also observed that some                         including SARs about their customers,
                                                opportunities. In its review, FinCEN                    stablecoin issuers have historically filed             the potential future PPSIs that FinCEN
                                                observed that turnover rates were                       CTRs, it notes that within the past five               identified were often the subject of
                                                particularly high among issuers whose                   completed calendar years, only one of                  various filing types, including SARs,
                                                business models, from inception,                        the stablecoin issuers the analysis in                 themselves. While there were
                                                facilitated larger numbers of primary                   section XII.A.2.ii.a.1 identified as a                 substantially fewer of these SAR filings
                                                market customers. These kinds of                        potential future PPSI continued to file                about the respective stablecoin issuers
                                                issuers appear to have had several                      through the end of the sample period.                  than there were filings by those issuers,
                                                thousand new primary market                                FinCEN found several pieces of                      SARs that reported potential future
                                                participants in a given year, which                     anecdotal, qualitative, and quantitative               PPSIs may serve as an additional
                                                suggests such firms are likely to have                  information that corroborate the                       indication of the illicit activity risks
                                                automated screening functions to enable                 agency’s understanding of certain                      associated with stablecoins, as
                                                interaction with such high volumes of                   baseline market features and activities                discussed above in section IV.D.
                                                new customers. Smaller or more                          in the SARs filed by stablecoin issuers.                  The SARs FinCEN reviewed that were
                                                centralized stablecoin issuers generally                In particular, the SAR narratives proved               filed by stablecoin issuers also speak to
                                                had far fewer new customers (although                   a rich source of information. For                      the incidence of what FinCEN and
                                                retention or growth may be similar from                 example, data about the stablecoin-                    OFAC have discussed and referenced
                                                a percentage standpoint) and have                       issuing filers of BSA reports support                  throughout as their expectations of
                                                processes that may be more manual.                      FinCEN’s general observations about the                certain current market practices and
                                                                                                        structural complexity of potential future              activities. In particular, a review of SAR
                                                3. Current Stablecoin Issuer BSA                                                                               narratives indicates that reporting
                                                                                                        PPSIs as discussed above in section
                                                Reporting Practices                                                                                            stablecoin issuers commonly employ a
                                                                                                        XII.A.2.ii.a. Of the stablecoin issuers
                                                   In its assessment of current market                  with BSA filings, the average number of                variety of technologies to conduct due
                                                practices, FinCEN evaluated the SAR                     related but potentially distinct legal                 diligence in connection with customer
                                                and CTR filing activity of current                      entities—as measured by the number of                  relationships and to identify high-risk
                                                stablecoin issuers. This review both (1)                unique filer TINs per issuer of                        customers. Filers often identified
                                                informed the estimates of expected                      stablecoin products—associated with                    suspicious customers based on
                                                BSA-reporting activity and burden                       filing activity was more than one                      documentation provided by the
                                                utilized in sections XII.A.4.ii.a and                   (approximately two), but some                          customer that appeared contradictory or
                                                XII.E.1 below and (2) illuminated                       stablecoin issuers had as many as eight.               falsified, indicating that these issuers
                                                aspects of certain stablecoin issuers’                  In several cases, the legal entities filing            currently obtain and carefully review
                                                current organizational features and                     SARs were distinct from the legal                      substantial amounts of information
                                                practices in identifying and responding                 entities registering as MSBs, even                     collected by and from customers. From
                                                to suspicious activity.                                 though they were affiliated with the                   SAR filings, FinCEN observed that it
                                                   As a preliminary matter, FinCEN                      same issuer. FinCEN also examined                      appears to be common practice, at least
                                                observed that BSA filing activity                       Report of Foreign Bank and Financial                   among reporting stablecoin issuers, for
                                                generally followed the same distribution                Account (FBAR) filing activity in which                customers to already be asked to
                                                of attributes as stablecoin issuer MSB                  these issuers were the subject, and                    provide identifying information at a
                                                registration but has, in relatively stable              found indications that a number of these               level equivalent to or exceeding the
                                                fashion, remained concentrated to a                     issuers maintain offshore accounts                     minimum generally necessary to comply
                                                smaller proportion of the population of                 which may be associated with separate,                 with the proposed rule. Reporting
                                                stablecoin issuers and exhibited more                   offshore entities.                                     issuers also appear to use technology
                                                pronounced differences between high                        These findings provide important                    service providers to investigate linkages
                                                volume and low volume report filers                     insight into how a typical stablecoin                  between customers and high-risk and/or
                                                year over year.                                         issuers may operate. Generally, such                   sanctioned entities.
                                                   FinCEN reviewed BSA available                        issuers establish multiple legal aliases,                 Some filings appear to have, in part,
                                                filings for the issuers of 17 of the                    often to serve separate functions. The                 been informed by a concern about the
                                                stablecoin products it identified in                    legal entities responsible for identifying             apparent nature of the reported

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                section XII.A.2.ii.a.1 as meeting the                   and reporting suspicious activity are                  transaction activity, and in some cases
                                                definitional criteria set forth in the                                                                         transactions with no apparent lawful
                                                GENIUS Act to be eligible as potential                    414 The truncated average was calculated by          purpose or with certain identified high-
                                                future PPSIs. Sixteen of these products                 removing the single largest outlier, which had over    risk on-chain addresses were flagged for
                                                had issuers who registered at least once                4,000 filings, significantly more than the next        investigation. In certain instances,
                                                                                                        highest value. This entity also offered other retail
                                                as an MSB within the past three years.                  products in addition to their stablecoin offering,
                                                                                                                                                               issuers reported transaction patterns
                                                The number of annual SAR filings by                     resulting in a number of SARs being filed unrelated    inconsistent with their customers’
                                                these entities ranged from zero to over                 to their stablecoin product.                           reported location information that the

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00051   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                18632                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                reporting stablecoin issuers had                        2018 used BSA reports to support their                 making it difficult, for purposes of this
                                                identified and tracked. In several cases,               work.418                                               RIA, to meaningfully disaggregate
                                                SAR-filing stablecoin issuers reported                                                                         certain costs attributable solely to
                                                                                                        c. Current Sanctions Compliance
                                                subjecting high-risk customers to                                                                              current or future sanctions compliance
                                                                                                        Practices
                                                transaction freezes. In one instance, a                                                                        requirements from broader AML/CFT
                                                SAR-filing stablecoin issuer reported                      As previously discussed in section                  market baseline activities. Consistent
                                                having frozen the use of issued coins by                XII.A.2.i.b, prior to the enactment of the             with FinCEN’s risk-based AML
                                                a particular secondary market user in                   GENIUS Act, no U.S. person was                         framework, institutions generally
                                                response to a law enforcement request.                  explicitly required to establish and                   already incorporate sanctions risk into
                                                Reports such as these suggest that at                   maintain a sanctions compliance                        enterprise-wide risk assessments,
                                                least some stablecoin issuers currently                 program. Nevertheless, in practice,                    customer due diligence, transaction
                                                have the ability to, and do, monitor                    industry participants, including U.S.-                 screening, internal controls, and
                                                customer activity including, in some                    based stablecoin issuers, have long                    escalation and remediation procedures
                                                cases, using geolocation technology                     implemented risk-based sanctions                       that form part of the overall AML
                                                and/or monitoring observable                            compliance measures consistent with                    compliance program.422
                                                transactions on the secondary market,                   OFAC’s publicly issued guidance.                          As a matter of industry practice,
                                                and these reporting issuers are also, in                Specifically, OFAC’s 2019 Compliance                   sanctions compliance practices are also
                                                many cases, currently able to freeze the                Framework 419 strongly encourages                      typically both conceptually risk based
                                                use of their stablecoin products.                       persons subject to U.S. jurisdiction—                  and, operationally, technology enabled.
                                                                                                        including foreign entities engaging in                 Such programs commonly incorporate
                                                4. Current Use of BSA Information by                    business in or with the United States,                 screening technology during customer-
                                                Law Enforcement and National Security                   U.S. persons, or U.S.-origin goods or                  or client-onboarding and, on an ongoing
                                                Agencies                                                services—to adopt and maintain a risk-                 basis, screen against OFAC sanctions
                                                   While results may not be published,                  based sanctions compliance program. In                 lists, as well as conduct due diligence
                                                FinCEN both routinely receives                          current practice, these measures have                  designed to identify sanctions-related
                                                reports 415 and conduct surveys 416 that                been adopted to ensure compliance with                 risks that may not explicitly be reflected
                                                speak to the use and usefulness of BSA                  binding U.S. sanctions obligations, even               in OFAC’s lists, including indirect or
                                                information to law enforcement and                      in the absence of a formal programmatic                layered exposure.423 As observed,
                                                national security agencies. An older, but               requirement. Additionally, in 2021,                    sanctions screening typically involves a
                                                broadly analogous, publicly available                   OFAC issued the Virtual Currency                       number of complex processes, and
                                                report from the U.S. Government                         Industry Guidance,420 which adapted                    stablecoin issuers often adopt ‘‘on-
                                                Accountability Office (GAO) found that                  the five elements for a sanctions                      chain’’ screening technologies and
                                                in 2018, a majority of federal and state                compliance program from the 2019                       processes to ensure that all payments
                                                law enforcement agencies had direct                     Compliance Framework for the digital                   using stablecoins are compliant with
                                                access to FinCEN’s BSA database (i.e.,                  assets industry and provided guidance                  U.S. sanctions. Institutions typically
                                                85 percent of federal agencies and 54                   on specific risk typologies that may                   first screen customer information
                                                percent of state agencies), though fewer                arise within the industry. This guidance               against OFAC-administered sanctions
                                                than one percent of local law                           also highlighted best practices that can               lists, including the SDN List, at the time
                                                enforcement agencies did.417 FinCEN                     assist companies in the industry with                  of onboarding. Procedures usually
                                                believes these survey results may                       sanctions compliance, such as the use of               involve ongoing sanctions screening and
                                                underrepresent the extent to which local                geolocation tools and transaction                      risk-based re-screening (for example,
                                                law enforcement may benefit from BSA                    monitoring and investigation software.                 related to a historical lookback) to
                                                information insofar as the GAO study                    OFAC has also issued guidance                          account for updated customer
                                                could not directly account for the                      specifically related to digital assets,                information, updates to OFAC sanctions
                                                incidence of referrals to local law                     including frequently asked questions                   lists, or changes in regulatory
                                                enforcement of matters not otherwise                    (FAQs), that highlight OFAC’s practices                requirements. Screening techniques
                                                pursued by federal or state agencies                    and expectations for individuals and                   attempt to identify addresses, including
                                                directly. The study also surveyed 5,257                 entities operating in the digital assets               physical, digital wallet, and IP
                                                investigators, analysts, and prosecutors                industry.421                                           addresses, and other relevant
                                                at six federal law enforcement agencies                    Based on current market research,                   information with potential links (or
                                                and found that these agencies used BSA                  FinCEN and OFAC observe that in                        indirect exposure) to sanctioned persons
                                                data extensively, estimating that                       practice, sanctions compliance may be
                                                approximately 72 percent of personnel                   operationalized as an integrated                         422 See FinCEN, Information on Complying with

                                                conducting investigations from 2015 to                                                                         the Customer Due Diligence (CDD) Final Rule,
                                                                                                        component of what is commonly                          available at https://www.fincen.gov/resources/
                                                                                                        referred to as an institution’s broader                statutes-and-regulations/cdd-final-rule; see also
                                                  415 William M. (Mac) Thornberry National
                                                                                                        AML compliance framework. As a                         FinCEN, Fact Sheet: Proposed Rule to Strengthen
                                                Defense Authorization Act for Fiscal Year 2021,                                                                and Modernize Financial Institution AML/CFT
                                                Public Law 116–283, 134 Stat. 3388 (Jan. 1, 2021),      result, sanctions-related controls
                                                                                                                                                               Programs, FIN–2024–FCT1 (Jun. 28, 2024),
                                                sec. 6201 (Annual reporting requirements).              commonly share training, technology,                   available at https://www.fincen.gov/system/files/
                                                  416 FinCEN, Agency Information Collection
                                                                                                        personnel, and governance structures                   shared/Program-NPRM-FactSheet-508.pdf; FinCEN,
                                                Activities: Proposed Renewal; Comment Request;          with AML compliance programs,                          the Board, FDIC, NCUA, and OCC, Interagency
                                                Renewal Without Change of the Generic Clearance                                                                Statement on the Issuance of the AML/CFT Program
                                                for the Collection of Qualitative Feedback on                                                                  Notices of Proposed Rulemaking (Jul. 19, 2024),

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                                                                          418 Based on a response rate of approximately 57
                                                Agency Service Delivery, 88 FR 30383 (May 11,                                                                  available at https://www.fincen.gov/system/files/
                                                2023).                                                  percent.                                               shared/Interagency-Statement-on-the-Issuance-of-
                                                                                                          419 See OFAC, 2019 Compliance Framework,
                                                  417 See GAO, Anti-Money Laundering:                                                                          the-AML-CFT-Program-Notices-of-Proposed-
                                                Opportunities Exist to Increase Law Enforcement         supra note 285.                                        Rulemaking-FINAL.pdf; see also FinCEN, Anti-
                                                                                                          420 See OFAC, Virtual Currency Industry              Money Laundering and Countering the Financing of
                                                Use of Bank Secrecy Act Reports, and Banks’ Costs
                                                to Comply with the Act Varied, GAO–20–574 (Sept.        Guidance, supra note 286.                              Terrorism Programs, 89 FR 55428 (July 3, 2024).
                                                2020), available at https://www.gao.gov/assets/gao-       421 See OFAC, Questions on Virtual Currency,           423 See OFAC, Entities Owned by Blocked Persons

                                                20-574.pdf. GAO conducted the survey from               available at https://ofac.treasury.gov/faqs/topic/     (50% Rule) (Aug. 13, 2024), available at https://
                                                November 9, 2019, through March 16, 2020.               1626.                                                  ofac.treasury.gov/faqs/topic/1521.

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00052   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                                                         Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                                                     18633

                                                or jurisdictions, often utilizing                                     choose to create a bespoke system for its                                quantified burden (in hours or dollars),
                                                screening tools’ ‘‘fuzzy logic’’                                      sanctions compliance needs.                                              the reason for doing so is briefly
                                                capabilities to account for common                                                                                                             explained in the description of expected
                                                                                                                      3. Description of Proposed
                                                name variations and misspellings (e.g.,                                                                                                        costs in section XII.A.4.ii.
                                                                                                                      Requirements
                                                ‘‘Crimea’’ versus ‘‘Krimea’’). ‘‘Smart                                                                                                           To balance the completeness of the
                                                contracts’’ are a commonly utilized                                      For purposes of the RIA, FinCEN and                                   RIA with the desire for expositional
                                                blockchain tool that, among other                                     OFAC considered the various                                              clarity and ease of tractability between
                                                functions, may be programmed to                                       components of the proposed rule with a                                   the proposed regulatory text and
                                                automatically identify and prevent                                    view towards the specific features or                                    sections VI and VII (section-by-section
                                                transactions attempted by sanctioned                                  elements that are expected to generate,                                  analyses) and section XII. (regulatory
                                                entities or rely on third-party data                                  either directly or indirectly, an                                        impact analysis), FinCEN and OFAC
                                                sources, such as oracles, for sanctions                               economic benefit or cost, or lead to                                     have included table 2, to provide a
                                                screening.424 Based on market research,                               changes in market participant incentives                                 mapping of the various components of
                                                FinCEN and OFAC find that while                                       in a way that may generate economic                                      the proposed rulemaking as presented
                                                existing ‘off-the-shelf’ software is                                  benefits or costs.425 For components of                                  in FinCEN and OFAC’s respective
                                                already available to meet many of these                               the proposed rule that FinCEN and                                        section-by-section analyses to their
                                                requirements, a future PPSI might                                     OFAC analysis has not assigned a                                         analogous categorization in the RIA.
                                                                                                TABLE 2—OVERVIEW/MAPPING OF REGULATORY TEXT AND ANALYSES
                                                                                                                                                      Section VI and VII anal-                 Considered in RIA sub-                  Proposed regulatory text
                                                 Scope of affected entities               The proposed rule would . . .                                         ysis                                 section(s)                               location

                                                PPSIs ................................    Amend the definition of ‘‘financial institution’’ to in-   VI.C.1.i ............................    XII.A.3.i and iii.a ..............       31 CFR 1010.100(t)(11).
                                                                                            clude ‘‘a permitted payment stablecoin issuer’’ for
                                                                                            purposes of the BSA.
                                                                                          Amend the definition of ‘‘money services business,’’       VI.C.1.ii ............................   XII.A.3.i ............................   31 CFR 1010.100(ff)(8).
                                                                                            by adding ‘‘a permitted payment stable coin
                                                                                            issuer’’ to the list of entities excluded from the
                                                                                            definition.
                                                                                          Amend the definition of ‘‘transaction,’’ to add the        VI.C.1.iii ...........................   XII.A.3.i ............................   31 CFR
                                                                                            issuance or redemption of a payment stablecoin                                                                                               1010.100(bbb)(1).
                                                                                            as a type of transaction.
                                                                                          Amend the definition of ‘‘transmittal order,’’ to add a    VI.C.1.iv ...........................    XII.A.3.i ............................   31 CFR 1010.100(eee).
                                                                                            payment stablecoin as a subject of an order.
                                                                                          Define the terms ‘‘digital asset,’’ ‘‘distributed ledg-    VI.C.1.v–xiii .....................      XII.A.3.i ............................   31 CFR 1010.100(ppp),
                                                                                            er,’’ ‘‘lawful order,’’ ‘‘payment stablecoin,’’ ‘‘per-                                                                                       (qqq), (rrr), (sss), (ttt),
                                                                                            mitted payment stablecoin issuer,’’ ‘‘primary Fed-                                                                                           (uuu), (vvv), and
                                                                                            eral payment stablecoin regulator,’’ ‘‘Federal                                                                                               (www).
                                                                                            qualified payment stablecoin issuer,’’ ‘‘State pay-
                                                                                            ment stablecoin regulator,’’ and ‘‘State qualified
                                                                                            payment stablecoin issuer.’’.
                                                                                          Delegate examination authority for PPSIs ...............   VI.C.2 ..............................    XII.A.3 .............................    31 CFR 1010.810(b)(11).
                                                PPSIs with respect to their               Require internal policies, procedures, and controls        VI.C.3.ii.a .........................    XII.A.3.iii.a, XII.A.4.ii.a.1,           31 CFR 1033.210(b)(1).
                                                 AML/CFT Program Re-                        that (1) identify, assess, and document ML/TF                                                       XII.A.4.ii.a.4, XII.E.1.
                                                 quirements.                                risks through risk assessment processes; (2)
                                                                                            mitigate ML/TF risks consistent with a PPSI’s risk
                                                                                            assessment processes; and (3) conduct ongoing
                                                                                            customer due diligence.
                                                                                          Require that risk assessment processes (1) evalu-          VI.C.3.ii.a .........................    XII.A.3.iii.a, XII.A.4.ii.a.1,           31 CFR
                                                                                            ate ML/TF risks from business activities; (2) con-                                                  XII.E.1.                                 1033.210(b)(1)(i)(A),
                                                                                            sider AML/CFT Priorities; and (3) update prompt-                                                                                             (B), and (C).
                                                                                            ly responsive to significant changes to ML/TF
                                                                                            risks.
                                                                                          Require independent testing of the AML/CFT pro-            VI.C.3.ii.b .........................    XII.A.3.iii.a, XII.A.4.ii.a.2            31 CFR 1033.210(b)(2).
                                                                                            gram.
                                                                                          Require the designation of an AML/CFT officer, re-         VI.C.3.ii.c .........................    XII.A.3.iii.a, XII.A.4.ii.a.1,           31 CFR 1033.210(b)(3).
                                                                                            quire that the designated individual is located in                                                  XII.E.1.
                                                                                            the United States, has not been convicted of a
                                                                                            felony, and is subject to oversight and super-
                                                                                            vision by FinCEN and its designee, and is re-
                                                                                            sponsible for establishing and implementing the
                                                                                            AML/CFT program and coordinating and moni-
                                                                                            toring day-to-day compliance.
                                                                                          Require a PPSI AML/CFT program to include an               VI.C.3.ii.d .........................    XII.A.3.iii.a, XII.A.4.ii.a.3,           31 CFR 1033.210(b)(4).
                                                                                            ‘‘ongoing employee training program.’’.                                                             XII.E.1.ii.a.
                                                                                          Require the AML/CFT program be written, made               VI.C.3.iii ...........................   XII.A.3.iii.a, XII.A.4.ii.a.1,           31 CFR 1033.210(d).
                                                                                            available upon request to FinCEN or its des-                                                        XII.E.1.
                                                                                            ignee, and approved by the PPSI’s board of di-
                                                                                            rectors, an equivalent governing body within the

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                                                            issuer, or appropriate senior management.
                                                                                          Require any and all certifications submitted to the        VI.C.3.iv ...........................    XII.A.3.iii.a, XII.A.4.ii.a.1,           31 CFR 1033.210(e).
                                                                                            PPSI’s primary Federal payment stablecoin regu-                                                     XII.E.1.
                                                                                            lator or State payment stablecoin regulator certi-
                                                                                            fying that the PPSI has implemented an AML/
                                                                                            CFT program be made available upon request to
                                                                                            FinCEN or its designee.

                                                  424 See supra section IV.A, note 37.                                   425 See infra section XII.A.4.

                                           VerDate Sep<11>2014          18:56 Apr 09, 2026        Jkt 268001   PO 00000     Frm 00053    Fmt 4701     Sfmt 4702        E:\FR\FM\10APP3.SGM                10APP3
                                                18634                         Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                                              TABLE 2—OVERVIEW/MAPPING OF REGULATORY TEXT AND ANALYSES—Continued
                                                                                                                                                      Section VI and VII anal-                 Considered in RIA sub-                  Proposed regulatory text
                                                 Scope of affected entities    The proposed rule would . . .                                                    ysis                                 section(s)                               location

                                                                               Define the terms/phrases ‘‘AML/CFT enforcement                        VI.C.4.i ............................    XII.A.3.i ............................   31 CFR 1033.221(a).
                                                                                 action,’’ ‘‘AML/CFT requirement,’’ and ‘‘significant
                                                                                 AML/CFT supervisory action.’’.
                                                                               Provide that a PPSI with an AML/CFT program es-                       VI.C.4.ii ............................   XII.A.3.iii.a .......................    31 CFR 1033.221(b).
                                                                                 tablished in accordance with proposed 31 CFR
                                                                                 1033.210(b) would not be subject to an AML/CFT
                                                                                 enforcement action or significant AML/CFT su-
                                                                                 pervisory action absent a significant or systemic
                                                                                 failure to implement said program within the
                                                                                 meaning of proposed 31 CFR 1033.210(c), and
                                                                                 provide that the proposed 31 CFR
                                                                                 1033.221(b)(1) provisions do not apply when
                                                                                 there is a failure to establish an AML/CFT pro-
                                                                                 gram within the meaning of proposed 31 CFR
                                                                                 1033.210(b).
                                                                               Provide that in determining to take, or in review of,                 VI.C.4.iii ...........................   XII.A.3.iii.a .......................    31 CFR 1033.221(d).
                                                                                 an AML/CFT enforcement action or significant
                                                                                 AML/CFT supervisory action, the Director would
                                                                                 take into account factors under 31 U.S.C.
                                                                                 5318(h)(2)(B) and the PPSI’s unique ability and
                                                                                 efforts to advance AML/CFT priorities.
                                                                               Amend 31 CFR 1010.230 with respect to PPSIs’                          VI.C.5 ..............................    XII.A.3.iii.c, XII.A.4.ii.a.4,           31 CFR 1010.230.
                                                                                 obligation to collect and verify beneficial owner-                                                             XII.A.5.i.b, XII.E.1.
                                                                                 ship information about legal entity customers.
                                                                               Require ‘‘technical capabilities, policies, and proce-                VI.C.6.i ............................    XII.A.3.iii.b, XII.A.4.ii.a.5,           31 CFR 1033.240(a).
                                                                                 dures to block, freeze, and reject specific or im-                                                             XII.A.5.i.c.
                                                                                 permissible transactions that violate Federal or
                                                                                 State laws, rules, or regulations.’’.
                                                                               Require a PPSI to (1) have the technical capabili-                    VI.C.6.ii ............................   XII.A.3.iii.b, XII.A.4.ii.a.5,           31 CFR 1033.240(b).
                                                                                 ties to comply with the terms of any lawful order
                                                                                 and (2) comply with the terms of any lawful order.
                                                                               Require the filing of CTRs ........................................   VI.C.7 ..............................    XII.A.3.iii.c, XII.A.4.ii.a.6,           31 CFR 1033.310–315.
                                                                                                                                                                                                XII.E.1.
                                                                               Require the filing of SARs ........................................   VI.C.8.i–iii ........................    XII.A.3.iii.c, XII.A.4.ii.a.6,           31 CFR 1033.320(a), (b).
                                                                                                                                                                                                XII.E.1.
                                                                               Require the retention of copies of filed SARs and                     VI.C.8.iv ...........................    XII.A.3.iii.c, XII.A.4.ii.a.6,           31 CFR 1033.320(c).
                                                                                 the underlying related documentation for a period                                                              XII.E.1.
                                                                                 of five years from the date of filing.
                                                                               Prohibit the disclosure a SAR or any information                      VI.C.8.v ...........................     XII.A.3.iii.c .......................    31 CFR 1033.320(d).
                                                                                 that would reveal the existence of a SAR.
                                                                               Provide protection from liability for making required                 VI.C.8.vi ...........................    XII.A.3.iii.c .......................    31 CFR 1033.320(e).
                                                                                 or voluntary reports of suspicious transactions, or
                                                                                 for failures to provide notice of such disclosure to
                                                                                 any person identified in the disclosure to the full
                                                                                 extent provided by 31 U.S.C. 5318(g)(3).
                                                                               Require examination of compliance with their obli-                    VI.C.8.vii ..........................    XII.A.3.iii.c, XII.E.1 ..........        31 CFR 1033.320(f).
                                                                                 gation to report suspicious transactions by
                                                                                 FinCEN and its delegees.
                                                                               Exclude secondary market transfers from a PPSI’s                      VI.C.8.viii .........................    XII.A.3.iii.c, XII.A.4.ii.a.6,           31 CFR 1033.320(g).
                                                                                 SAR reporting obligations.                                                                                     XII.E.1.
                                                                               Require the retention of appropriate records ...........              VI.C.9.i ............................    XII.A.3.iii.d, XII.A.4.ii.a.7,           31 CFR 1033.410.
                                                                                                                                                                                                XII.E.1.
                                                                               Apply the information-sharing provisions of sections                  VI.C.10 ............................     XII.A.3.iii.e, XII.A.4.ii.a.8,           31 CFR 1033.520; 540
                                                                                 314(a) and (b) of the USA PATRIOT Act to                                                                       XII.E.1.
                                                                                 PPSIs.
                                                                               Require compliance with special standards of dili-                    VI.C.11 ............................     XII.A.3.iii.f, XII.A.4.ii.a.9–           31 CFR 1033.600–630;
                                                                                 gence, prohibitions, and special measures under                                                                10, XII.E.1.                             31 CFR 1010.651; 653;
                                                                                 section 311 of the USA PATRIOT Act, including                                                                                                           658–661; 663; and
                                                                                 enhanced due diligence for correspondent and                                                                                                            664.
                                                                                 private banking accounts and some active spe-
                                                                                 cial measures.
                                                PPSIs with respect to their    Impose standard recordkeeping and reporting re-                       VII.A ................................   XII.A.3.iv, XII.A.4.ii.a.1,              31 CFR 502.102.
                                                 Sanction Compliance             quirements as found in 31 CFR part 501, includ-                                                                XII.A.4.ii.a.7, XII.E.1.
                                                 Program Requirements.           ing requiring any and all certifications submitted
                                                                                 to the PPSI’s primary Federal payment
                                                                                 stablecoin regulator or State payment stablecoin
                                                                                 be provided to OFAC.
                                                                               Require senior management (1) review and ap-                          VII.B.1 .............................    XII.A.3.iv, XII.A.4.ii.a.1,              31 CFR 502.201(b)(1).
                                                                                 proval of a PPSI’s sanctions compliance program                                                                XII.E.1.

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                                                 and (2) support for the sanctions compliance pro-
                                                                                 gram’s effective implementation.

                                           VerDate Sep<11>2014    18:56 Apr 09, 2026     Jkt 268001      PO 00000       Frm 00054      Fmt 4701       Sfmt 4702        E:\FR\FM\10APP3.SGM                10APP3
                                                                              Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                                                  18635

                                                                              TABLE 2—OVERVIEW/MAPPING OF REGULATORY TEXT AND ANALYSES—Continued
                                                                                                                                          Section VI and VII anal-                 Considered in RIA sub-                  Proposed regulatory text
                                                 Scope of affected entities    The proposed rule would . . .                                        ysis                                 section(s)                               location

                                                                               Require sanctions-related risk assessments by: (i)        VII.B.2 .............................    XII.A.3.iv, XII.A.4.ii.a.1,              31 CFR 502.201(b)(2).
                                                                                 conducting holistic assessments of U.S. sanc-                                                      XII.E.1.
                                                                                 tions risks at appropriate intervals; (ii) using the
                                                                                 risk assessments to inform the PPSI’s operation
                                                                                 of its sanctions compliance program, including
                                                                                 revising internal controls and training as appro-
                                                                                 priate; and (iii) revising risk assessments as ap-
                                                                                 propriate to account for any identified U.S. sanc-
                                                                                 tions violations or deficiencies, new products,
                                                                                 services, mergers, or acquisitions, and any other
                                                                                 factors that may affect a PPSI’s risk profile.
                                                                               Require a system of risk-based internal controls, in-     VII.B.3 .............................    XII.A.3.iv, XII.A.4.ii.a.5,              31 CFR 502.201(b)(3).
                                                                                 cluding technical capabilities.                                                                    XII.A.4.ii.a.7, XII.A.5.ii.
                                                                               Require a system of risk-based internal controls, in-     VII.B.3 .............................    XII.A.3.iv, XII.A.4.ii.a.1,              31 CFR 502.201(b)(3).
                                                                                 cluding written policies and procedures.                                                           XII.A.5.ii, XII.E.1.
                                                                               Require an independent testing or audit function,         VII.B.4 .............................    XII.A.3.iv, XII.A.4.ii.a.3,              31 CFR 502.201(b)(4).
                                                                                 accountable to senior management, with suffi-                                                      XII.A.5.ii, XII.E.1.
                                                                                 cient resources, expertise, and authority to iden-
                                                                                 tify U.S. sanctions compliance-related weak-
                                                                                 nesses and deficiencies.
                                                                               Require records of testing and auditing results and       VII.B.4 .............................    XII.A.3.iv, XII.A.4.ii.a.7,              31 CFR 502.201(b)(4)(iv).
                                                                                 resulting updates or enhancements to the sanc-                                                     XII.E.2.
                                                                                 tions compliance program be maintained and
                                                                                 provided upon request to OFAC.
                                                                               Require a risk-based compliance training program          VII.B.5 .............................    XII.A.3.iv, XII.A.4.ii.a.2,              31 CFR 502.201(b)(5).
                                                                                                                                                                                    XII.A.5.ii, XII.E.1.
                                                                               Defines the terms ‘‘knowingly,’’ ‘‘OFAC,’’ ‘‘payment      VII.C.1–3 .........................      XII.A.3.ii ...........................   31 CFR 301–304.
                                                                                 stablecoin-related activity,’’ and ‘‘permitted pay-
                                                                                 ment stablecoin issuer; PPSI.’’.
                                                Federal Financial Institu-     Require an FFIRA consultation with the Director           VI.C.4.iii ...........................   XII.A.3.iii.a, XII.A.4.ii.b ....         31 CFR 1033.221(c)(1).
                                                  tions Regulatory Agen-         before any significant AML/CFT supervisory ac-
                                                  cies (FFIRAs).                 tion pursuant to delegated authority is initiated.
                                                                               Require, generally, an FFIRA to provide written no-                                                                                         31 CFR 1033.221(c)(2)(i).
                                                                                 tice to the Director of any intent to take a signifi-
                                                                                 cant AML/CFT supervisory action pursuant to
                                                                                 delegated authority at least 30 days in advance
                                                                                 of the proposed action.
                                                                               Require, to the extent reasonably practicable, that                                                                                         31 CFR
                                                                                 an FFIRA respond to requests from the Director                                                                                              1033.221(c)(2)(ii).
                                                                                 for additional information regarding a proposed
                                                                                 significant AML/CFT supervisory action.
                                                FinCEN and its Delegees        Require examination of PPSIs’ compliance with             VI.C.8.vii ..........................    XII.A.3.iii.c, XII.A.4.ii.b .....        31 CFR 1033.320(f).
                                                                                 their obligation to report suspicious transactions.

                                                i. Proposed New and Amended FinCEN                         definitions are necessary to effectuate                                 section of the new 31 CFR part 502.
                                                Definitions                                                the GENIUS Act’s direction that PPSIs                                   OFAC’s proposed definitions of the
                                                  As discussed in greater detail in                        be subject to the BSA, or are otherwise                                 terms ‘‘knowingly’’ and ‘‘OFAC’’ are
                                                section VI.C.1 above, FinCEN is                            intended to harmonize the GENIUS Act                                    consistent with other OFAC regulations.
                                                proposing to amend four existing                           definitions with FinCEN’s existing                                      OFAC’s proposed definition of
                                                definitions and add nine new terms to                      regulations, to improve readability, or to                              ‘‘payment stablecoin-related activity’’ is
                                                the general definitions section of its                     avoid confusion with other similar                                      scoped to cover the range of activities
                                                regulations, 31 CFR 1010.100. FinCEN is                    terms defined by FinCEN’s regulations                                   involving a PPSI’s payment stablecoin
                                                proposing three additional definitions                     without changing the meaning of any                                     from the time of issuance until the
                                                in connection with the proposed                            defined terms, these components of the                                  payment stablecoin’s removal from
                                                regulation and supervision of PPSI                         proposed rule are not expected to                                       circulation. Finally, OFAC’s proposed
                                                AML/CFT programs in 31 CFR part                            independently generate incremental                                      definition of ‘‘permitted payment
                                                1033. Where it is adding new terms, in                     direct economic effects. As such, these                                 stablecoin issuer’’ is consistent with the
                                                large part, FinCEN’s proposed                              elements of the proposed rule are not                                   definition of that term contained in the
                                                definitions would embed the language                       separately considered in the section                                    GENIUS Act, with minor modifications.
                                                of the GENIUS Act in FinCEN                                XII.A.4 discussion below. Public                                           While OFAC recognizes that
                                                regulations. In a few instances, however,                  comment is invited on whether FinCEN                                    definitions can generate economic
                                                FinCEN is proposing to modify the                          should reconsider the potential                                         effects, OFAC does not expect these
                                                statutory language.                                        standalone economic impact of the                                       components of the proposed rule to
                                                                                                           definitions, collectively or individually,

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                  As a general matter, definitions                                                                                                 independently generate incremental
                                                prescribe the scope of parties to whom,                    in the context of and as proposed                                       direct economic effects. OFAC’s
                                                and products to which, a regulation                        components of this NPRM.                                                proposed definitions are necessary to
                                                applies and are therefore capable of                       ii. Proposed New OFAC Definitions                                       effectuate and enforce the GENIUS Act’s
                                                generating economic effects as a                                                                                                   requirement that PPSIs maintain an
                                                consequence of the delineations they set                     As discussed in greater detail in                                     effective sanctions compliance program,
                                                forth. However, because FinCEN’s                           section VII.C above, OFAC is proposing                                  including by emphasizing that a PPSI’s
                                                proposed additions and changes to                          to define four terms in the definitions                                 sanctions compliance obligations apply

                                           VerDate Sep<11>2014    18:56 Apr 09, 2026   Jkt 268001   PO 00000     Frm 00055    Fmt 4701    Sfmt 4702        E:\FR\FM\10APP3.SGM                10APP3
                                                18636                      Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                to all activity involving its payment     innovation and, as warranted by the                                  that approval encompasses each of the
                                                stablecoins,426 or are otherwise          PPSI’s risk profile, implement new                                   components of the AML/CFT
                                                intended to harmonize the GENIUS Act      technology or innovative approaches in                               program.435 In addition, the proposed
                                                definitions with OFAC’s existing          combating financial crime.                                           rule would require PPSIs to make
                                                regulations. As such, these elements of   Additionally, PPSIs may find it                                      available to FinCEN, or its designee,
                                                the proposed rule are not separately      beneficial to consider whether the AML/                              upon request any and all certifications
                                                considered in section XII.A.4 discussion  CFT program appropriately uses the                                   submitted to the PPSI’s primary Federal
                                                below. Public comment is invited on       financial institution’s existing internal                            payment stablecoin regulator or State
                                                whether OFAC should reconsider the        capabilities, technologies, product lines,                           payment stablecoin regulator certifying
                                                potential standalone economics impact     and data. For example, if a PPSI’s                                   that the PPSI has implemented an AML/
                                                of the definitions, collectively or       issuance or financial risk management                                CFT program.
                                                individually, in the context of and as    team monitors the lifecycle of the PPSI’s                               FinCEN is proposing to require PPSIs
                                                proposed components of this NPRM.         stablecoins for financial resilience, the                            to establish and maintain written
                                                                                          PPSI may find it beneficial for its AML/                             procedures that are reasonably designed
                                                iii. Proposed New FinCEN                  CFT program to consider using similar                                to identify and verify the beneficial
                                                Requirements                              technology or approaches in managing                                 owners of legal entity customers as part
                                                a. AML/CFT Program-Related Proposed       and mitigating its ML/TF risks.                                      of a PPSI’s AML/CFT program
                                                Requirements                                 The proposed rule also includes                                   obligations.436 These requirements
                                                                                          several other program requirements. The                              mirror existing BSA requirements that
                                                   As discussed in greater detail in      BSA requires AML/CFT programs to                                     apply to many other financial
                                                section VI.C.3, the proposed rule         have an ‘‘independent audit function to                              institutions. The GENIUS Act requires
                                                includes new requirements for PPSIs to    test programs.’’ 429 Under the proposed                              that PPSIs be subject to ‘‘due diligence
                                                develop and implement AML/CFT             rule, a PPSI would need to establish                                 requirements.’’ Collection of beneficial
                                                programs. The proposed rule would         independent AML/CFT program testing                                  ownership information is a core element
                                                require AML/CFT programs to               to be conducted by the PPSI’s personnel                              of effective due diligence.
                                                reasonably manage and mitigate ML/TF or an outside party.430 The GENIUS Act,                                      The proposed rule also sets forth a
                                                risks through internal policies,          12 U.S.C. 5903(a)(5)(A)(i), and the BSA,                             supervision and enforcement
                                                procedures, and controls that are         31 U.S.C. 5318(h)(1)(B), also require                                framework. FinCEN expects proposed
                                                commensurate with those risks and         PPSIs to designate an AML/CFT officer.                               31 CFR 1033.221(d) to affect PPSIs’
                                                ensure ongoing compliance with the        Under the proposed rule, PPSI’s would                                incentives because it provides that in
                                                BSA and its implementing regulations.     be required to designate an individual,                              determining to take, or in review of, an
                                                The proposed rule would require PPSIs     who is located in the United States and                              AML/CFT enforcement action or
                                                to reasonably manage and mitigate risks accessible to, subject to oversight and                                significant AML/CFT supervisory
                                                using internal policies, procedures, and supervision by, FinCEN and its                                        action, the FinCEN Director would take
                                                controls based on their institution-      designee, and has not been convicted of                              certain factors into consideration,
                                                specific ML/TF risks as identified by the certain felony offenses.431 The AML/                                 including facts and circumstances
                                                risk assessment process(es) required. An CFT officer would be responsible for                                  unique to the PPSI in question. In
                                                effective, risk-based, and reasonably     establishing and implementing the                                    particular, § 1033.221(d)(2) would
                                                designed AML/CFT program would            AML/CFT program and coordinating                                     require the Director to consider the
                                                continue to incorporate the results of    and monitoring day-to-day compliance                                 PPSI’s demonstrable efforts to advance
                                                the applicable risk assessment            with the requirements and prohibitions                               AML/CFT priorities such as its
                                                process(es) through appropriate changes of the BSA and FinCEN’s implementing                                   production of highly useful information,
                                                to internal policies, procedures, and     regulations.432 The BSA additionally                                 analytics, or other innovations. FinCEN
                                                controls to manage ML/TF risks on an      requires AML/CFT programs to have an                                 expects that the proposed regulation
                                                ongoing basis as necessary. The           ‘‘ongoing employee training                                          could reasonably be expected to
                                                procedures must also integrate and        program;’’ 433 accordingly, the proposed                             generate economic effects because it
                                                support the conduct of ongoing            rule would require PPSIs to have an                                  would likely change the scope or nature
                                                customer due diligence. The proposed      ongoing employee training program.434                                of activities undertaken and/or
                                                rule would require PPSIs to conduct          The proposed rule would require                                   investments made.
                                                ongoing customer due diligence as part    PPSIs to have a written AML/CFT
                                                of their AML/CFT program                  program and would require the PPSI to                                b. Proposed Additional Technical
                                                obligations.427 The GENIUS Act requires make a copy of its written AML/CFT                                     Capabilities, Policies, and Procedures
                                                that PPSIs are subject to due diligence   program available to FinCEN or its                                      The GENIUS Act requires that PPSIs
                                                requirements including enhanced due       designee upon request. The proposed                                  have ‘‘technical capabilities, policies,
                                                diligence where appropriate.428           rule would also require that a PPSI’s                                and procedures to block, freeze, and
                                                   The proposed rule provides PPSIs       written AML/CFT program be approved                                  reject specific or impermissible
                                                with the regulatory flexibility to        by the PPSI’s board of directors or an                               transactions that violate Federal or State
                                                consider innovative approaches to         equivalent governing body within the                                 laws, rules, or regulations.’’ 437 This is a
                                                comply with BSA requirements as           PPIS, or appropriate senior management                               novel requirement that does not
                                                FinCEN aims to encourage instances        of the PPSI. The proposed rule specifies                             currently apply to other types of
                                                where a PPSI finds it beneficial to                                                                            financial institutions.438 GENIUS Act

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                consider and evaluate technological         429 See 31 U.S.C. 5318(h)(1)(D).
                                                                                                          430 See supra section VI.C.3.ii.b.                     435 See supra sections VI.C.3.iii–iv.
                                                  426 As noted in section V.B, U.S. persons,              431 See supra section VI.C.3.ii.c.                     436 See supra section VI.C.5.

                                                including U.S. person stablecoin issuers, are and         432 This individual is also commonly referred to       437 12 U.S.C. 5903(a)(5)(A)(iv).
                                                have always been subject to U.S. sanctions laws,        as a ‘‘BSA officer.’’ However, as discussed below,       438 As noted in section V.B, however, U.S.
                                                including with respect to transactions occurring on     the particular labels that FinCEN or a PPSI may use    persons, including U.S. financial institutions, are
                                                the primary or secondary markets.                       to refer to this individual are immaterial.            required to comply with U.S. sanctions laws,
                                                  427 See supra section VI.C.3.ii.a.3.                    433 See 31 U.S.C. 5318(h)(1)(C).
                                                                                                                                                               including obligations to block, reject, and report
                                                  428 12 U.S.C. 5903(a)(5), 5903(a)(5)(A)(v).             434 See supra section VI.C.3.ii.d.                   certain prohibited transactions.

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00056   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                                            Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                   18637

                                                also requires that PPSIs ‘‘issue payment                PPSIs.443 PPSIs would also be required                 f. Special Standards of Diligence,
                                                stablecoins only if the issuer has the                  to maintain copies of filed SARs and the               Prohibitions, and Special Measures
                                                technological capability to comply, and                 underlying related documentation for a                    Finally, the proposal would require
                                                will comply, with the terms of any                      period of five years from the date of                  that PPSIs be subject to some of the
                                                lawful order.’’ 439 The GENIUS Act                      filing. The proposed rule also applies                 special standards of diligence,
                                                defines ‘‘lawful order,’’ which states, in              standards for SARs relating to                         prohibitions, and special measures
                                                part, that a lawful order is an order that              confidentiality and liability.                         under section 311 of the USA PATRIOT
                                                is subject to judicial review and is                                                                           Act, including enhanced due diligence
                                                issued under Federal law that requires                  d. Proposed Recordkeeping
                                                                                                                                                               for correspondent and private banking
                                                a person to ‘‘seize, freeze, burn or                                                                           accounts and additional special
                                                                                                           The GENIUS Act requires that PPSIs
                                                prevent the transfer of’’ payment                                                                              measures.447 As discussed in section
                                                stablecoins the person issued and                       be subject to laws relating to ‘‘retention
                                                                                                        of appropriate records.’’ 444 Under the                VI.C.11, FinCEN is not proposing to
                                                specifies the payment stablecoins or                                                                           apply 31 CFR 1010.630 to PPSIs, which
                                                account with reasonable                                 BSA, FinCEN has authority to impose
                                                                                                        on financial institutions obligations                  would prohibit correspondent accounts
                                                particularity.440                                                                                              for foreign shell banks. Thus, this
                                                   Due to the overlap in terms between                  relating to requiring, retaining, and
                                                                                                        maintaining records.445 Pursuant to this               provision is not relevant to the cost of
                                                this requirement and the requirement                                                                           the proposed rule. The proposed rule
                                                that PPSIs be able to ‘‘block, freeze, and              authority, FinCEN has issued
                                                                                                                                                               would require PPSIs to comply with
                                                reject’’ specific transactions, under the               recordkeeping regulations, including
                                                                                                                                                               special measures issued pursuant to the
                                                proposed rule the regulatory text                       those codified as 31 CFR part 1010,
                                                                                                                                                               sections 311, 9714(a), and 2313a to
                                                regarding the block/freeze/reject                       subpart D, which apply broadly to
                                                                                                                                                               maintain the options available under
                                                requirement also includes the                           financial institutions subject to                      these sections to protect the U.S.
                                                requirement that PPSIs have                             specified exceptions. These                            financial system from certain illicit
                                                capabilities, policies, and procedures in               recordkeeping obligations enhance law                  finance threats.448
                                                place to comply with lawful orders.441                  enforcement’s ability to detect,
                                                                                                        investigate, and prosecute money                       iv. Proposed OFAC Sanctions
                                                c. Proposed Currency Transaction and                                                                           Compliance Program Requirements
                                                                                                        laundering and other financial crimes
                                                Suspicious Activity Reporting
                                                                                                        by preserving an information trail about                  The GENIUS Act requires that PPSIs
                                                   The proposed rule includes reporting                 persons sending and receiving funds.                   maintain an ‘‘effective sanctions
                                                requirements related to currency                        This proposed rule would apply these                   compliance program’’ 449 and that
                                                transaction reporting,442 Specifically,                 recordkeeping regulations to PPSIs.446                 regulations promulgated under the Act
                                                the proposal requires PPSIs to file CTRs                   The recordkeeping obligations would                 are ‘‘tailored to the size and
                                                for ‘‘each deposit, withdrawal, exchange                require PPSIs to create and retain                     complexity’’ 450 of a PPSI. To implement
                                                of currency or other payment or transfer,                                                                      this requirement, OFAC’s proposed rule
                                                                                                        certain records for extensions of credit
                                                by, through, or to such financial                                                                              would require PPSIs adopt a sanctions
                                                                                                        in excess of $10,000; and certain records
                                                institution which involves a transaction                                                                       compliance program that includes, at a
                                                                                                        of cross-border transfers of currency,
                                                in currency of more than $10,000,’’                                                                            minimum, five key elements outlined in
                                                                                                        monetary instruments, funds, checks,
                                                unless subject to an applicable                                                                                OFAC’s 2019 Compliance
                                                exemption. As discussed in section                      investment securities, and credit worth
                                                                                                                                                               Framework: 451 (1) senior management
                                                VI.C.7 and section XII.A.2.iii.b.3,                     more than $10,000. The proposal also
                                                                                                                                                               and organizational commitments,452
                                                FinCEN recognizes that, presently,                      requires financial institutions to collect             requiring that a PPSI’s senior
                                                stablecoin issuers rarely transact in                   and retain records for funds transfers                 management establish and maintain an
                                                physical transfers of currency.                         and transmittals of funds in amounts of                effective sanctions compliance program
                                                   The GENIUS Act explicitly requires                   $3,000 or more. Lastly, The Travel Rule                as prescribed in the proposed rule; (2)
                                                PPSIs to be subject to BSA requirements                 requires financial institutions to                     risk assessments,453 requiring holistic
                                                relating to ‘‘monitoring and reporting of               transmit information on certain funds                  assessments of sanctions risks at
                                                any suspicious transaction relevant to a                transfers and transmittals of funds to                 appropriate intervals that are utilized
                                                possible violation of law or regulation.’’              other financial institutions participating             and revised as specified in the proposed
                                                Under the BSA, FinCEN has authority to                  in the transfer or transmittal.                        rule; (3) internal controls,454 which are
                                                require any financial institution to                    e. Special Information Sharing                         applicable to all payment stablecoin-
                                                report ‘‘any suspicious transaction                                                                            related activity, whether on the primary
                                                relevant to a possible violation of law or                The proposed rule would apply the                    or secondary market, that identify,
                                                regulation.’’ With limited exceptions, all              information sharing provisions at                      block, and/or reject transactions that
                                                financial institutions subject to the BSA               § 1010.520 also known as 314(a) and                    may violate or would violate U.S.
                                                are required to identify and report                     § 1010.540 also known as 314(b) to                     sanctions and retains relevant records in
                                                suspicious activity. These reports                      PPSIs. The description of requirements                 accordance with OFAC regulations; (4)
                                                provide highly useful information that                  in section VI.C.10 above is adopted by                 an independent testing and auditing
                                                is leveraged by authorized users as part                reference.                                             function,455 accountable to senior
                                                of criminal, tax, and regulatory
                                                                                                                                                                 447 See supra section VI.C.11.
                                                investigations; risk assessments; and                     443 See supra section VI.C.8.

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                                                                                                                                 448 See supra section VI.C.11.iii.
                                                intelligence and counterintelligence                      444 See 12 U.S.C. 5903(a)(5)(A)(ii).
                                                                                                                                                                 449 12 U.S.C. 5903(a)(5)(A)(vi).
                                                activities. The proposed rule                             445 See 12 U.S.C. 1953; 31 U.S.C. 5318(a)(2); see
                                                                                                                                                                 450 12 U.S.C. 5903(a)(5)(B).
                                                implements these requirements for                       also 12 U.S.C. 5901(2) (defining ‘‘Bank Secrecy          451 See supra section VII.B; OFAC, 2019
                                                                                                        Act’’ to include 12 U.S.C. 1951 et seq.); 31 U.S.C.
                                                                                                        5311(1) (stating purpose of the BSA includes           Compliance Framework, supra note 285.
                                                  439 12 U.S.C. 5903(a)(6)(B).                                                                                   452 See supra section VII.B.1.
                                                                                                        requiring records that are highly useful for law
                                                  440 See 12 U.S.C. 5901(16).                                                                                    453 See supra section VII.B.2.
                                                                                                        enforcement and regulatory investigations and
                                                  441 See supra sections VI.C.6.ii.                     intelligence and counterintelligence activities).        454 See supra section VII.B.3.
                                                  442 See supra section VI.C.7.                           446 See supra section VI.C.9.                          455 See supra section VII.B.4.

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00057   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                18638                      Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                management, with sufficient resources,                  4. Anticipated Economic Effects                        between investors and stablecoin
                                                expertise, and authority; and (5)                         This section provides FinCEN and                     issuers. As discussed earlier, regulatory
                                                training,456 requiring PPSIs to establish               OFAC’s analysis of the estimated                       uncertainty often increases investors’
                                                and maintain a risk-based sanctions                     benefits and costs of the proposed rule.               perceptions of risk and reduces or
                                                compliance training program for all                     While not all benefits and costs are                   otherwise distorts equilibrium levels of
                                                relevant personnel and stakeholders.457                 readily quantifiable, in this analysis                 investment. Regulatory measures
                                                   The GENIUS Act’s requirement that                    FinCEN and OFAC have sought to                         affecting digital assets in U.S. states
                                                PPSIs maintain an effective sanctions                                                                          have been found to be associated with
                                                                                                        include an evaluation of certain
                                                compliance program is a novel legal                                                                            significant increases in industry
                                                                                                        foreseeable non-quantified economic
                                                requirement that currently does not                                                                            investment activity.463
                                                                                                        benefits in addition to quantified costs
                                                apply to other U.S. persons.458                                                                                   In addition, the AML/CFT and
                                                                                                        to more comprehensively assess the                     sanctions compliance program
                                                Nevertheless, the five enumerated                       potential net benefit of the proposed
                                                minimum elements for a sanctions                                                                               requirements in the proposed rule
                                                                                                        rule and select alternatives.                          would provide further benefit by
                                                compliance program included in the
                                                proposed rule reflect a well-established                i. Expected Benefits                                   addressing existing gaps and market
                                                risk-based approach to sanctions                                                                               externalities, with potentially
                                                                                                           The proposed rule is anticipated to
                                                compliance that OFAC has strongly                                                                              significant implications for detection
                                                                                                        result in certain nonquantifiable
                                                encouraged and for which OFAC has                                                                              and deterrence. For instance, some
                                                                                                        benefits to covered PPSIs, law
                                                issued publicly available guidance,                                                                            anticipated results associated with the
                                                                                                        enforcement, national security, U.S.
                                                including the 2019 Compliance                                                                                  proposed rule include (1) implementing
                                                                                                        foreign policy objectives and the general
                                                Framework.459 Accordingly, apart from                                                                          enhanced technology standards for
                                                                                                        public. As discussed in section XII.A.1,
                                                one new recordkeeping requirement                                                                              PPSIs that are not currently applicable
                                                                                                        these benefits are expected to flow from
                                                discussed below, OFAC does not assess                                                                          to MSBs or banks, (2) requiring non-IDI
                                                                                                        the extent to which BSA and sanctions                  subsidiary PPSIs to collect more
                                                the required elements of a sanctions                    compliance program requirements
                                                compliance program as proposed would                                                                           detailed information on legal entities
                                                                                                        reduce uncertainty, improve                            who are their primary market
                                                impose novel incremental economic                       transparency, and increase adherence to
                                                costs. OFAC’s history of enforcing U.S.                                                                        customers, (3) setting clear standards for
                                                                                                        legal requirements in the stablecoin                   PPSIs that prevent stablecoin products
                                                sanctions has shown that, as a matter of                industry.
                                                current industry practice, actors in the                                                                       from exploiting or being exploited by
                                                                                                           The benefits assessed here are more                 regulatory arbitrage or ambiguity, and
                                                digital asset ecosystem—alongside                       difficult to quantify than the costs, but
                                                numerous other U.S. persons—employ                                                                             (4) codifying sanctions compliance
                                                                                                        the proposed rule is nonetheless                       requirements. These changes would
                                                sanctions compliance practices that are                 anticipated to add substantial value
                                                typically risk based, technology                                                                               support law enforcement by ensuring
                                                                                                        directly and indirectly through effects                the technological means to mitigate the
                                                enabled, and informed by the outlined                   that can contribute to the detection and               use of illicit funds by criminal actors.
                                                OFAC guidance.                                          deterrence of money laundering and                     These changes would indirectly benefit
                                                   The proposed rule would impose                       terrorist financing, and that support                  the public at large by reducing money
                                                certain recordkeeping requirements that                 broader policy goals.                                  laundering and sanction evasion
                                                extend beyond current obligations on                       Significant direct benefits of the                  activity, which can distort legitimate
                                                U.S. persons pursuant to existing                       proposed rule are expected to accrue to                markets, countering the financing of
                                                regulations administered by OFAC.460                    the public sector, most notably to U.S.                terrorism and other illicit finance
                                                First, the proposed rule would require a                law enforcement and the national                       activity, and protecting national
                                                PPSI to maintain records of the results                 security community, and to the                         security.
                                                and enhancements that are made to a                     stablecoin industry itself. Further, the                  In addition, the newly proposed
                                                PPSI’s sanctions compliance program in                  identification of illicit activity in, or              requirement for PPSIs to establish and
                                                line with the testing and auditing                      malign uses of, the stablecoin industry                maintain an effective sanctions
                                                mandated by the proposed rule.461                       that would not occur but for the                       compliance program would increase
                                                Second, the proposed rule would                         application of specific program,                       transparency and accountability, closing
                                                require PPSIs to provide upon request to                sanctions compliance, technology,                      certain potential avenues for sanctions
                                                OFAC any and all certifications                         reporting, and recordkeeping obligations               evasion, and helping ensure consistent
                                                submitted to the PPSI’s primary Federal                 to payment stablecoin issuers would (1)                regulatory oversight.
                                                payment stablecoin regulator or State                   result in more effective detection of
                                                payment stablecoin regulator certifying                 illicit finance activity occurring through             ii. Expected Costs
                                                that the PPSI has implemented an                        the industry and (2) contribute to                        This section assesses the potential
                                                effective sanctions compliance                          deterrence. This would benefit society                 incremental costs to PPSIs, government
                                                program.462                                             more generally through a range of                      agencies, and the customers of PPSIs
                                                                                                        economic, security, and other effects.                 associated with the proposed rule,
                                                  456 See supra section VII.B.5.                           The proposed rule is also expected to               relative to the baseline over a three-year
                                                  457 See OFAC, 2019 Compliance Framework,
                                                                                                        benefit participants in the payment                    period in which a final rule would be
                                                supra note 285.                                         stablecoin industry by introducing
                                                  458 A PPSI, by virtue of their status as a U.S.

                                                person would be required to comply with U.S.
                                                                                                        greater regulatory clarity and industry-                  463 A BIS study found that a one-standard-

                                                                                                                                                               deviation increase in digital asset regulatory

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                sanctions obligations applicable to U.S. persons        specific standards around AML/CFT
                                                                                                                                                               comprehensiveness, as measured by the authors,
                                                under OFAC’s existing regulations. See, e.g., 31 CFR    and sanctions compliance program                       was associated with a 30-percent increase in capital
                                                510.326, 555.313, 583.314.                              requirements. By introducing legal
                                                  459 See OFAC, 2019 Compliance Framework,
                                                                                                                                                               raised by crypto-related firms located in those
                                                                                                        clarity around the status and                          jurisdictions. See Matteo Aquilina, Giulio Cornelli,
                                                supra note 285; OFAC, Virtual Currency Industry                                                                and Marina Sanchez del Villar, ‘‘Regulation,
                                                Guidance, supra note 286.                               requirements of certain issuers of
                                                                                                                                                               Information Asymmetries and the Funding of New
                                                  460 See 31 CFR part 501.                              payment stablecoins, the GENIUS Act                    Ventures,’’ BIS Working Papers, no. 1162, pp. 5–21
                                                  461 See supra section VII.B.4.                        and the proposed rule may reduce                       (Jan. 2024), available at https://www.bis.org/publ/
                                                  462 See supra section VII.A.                          certain information asymmetries                        work1162.pdf.

                                           VerDate Sep<11>2014   18:56 Apr 09, 2026   Jkt 268001   PO 00000   Frm 00058   Fmt 4701   Sfmt 4702   E:\FR\FM\10APP3.SGM   10APP3
                                                                                    Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                                        18639

                                                effective.464 For PPSIs, this includes                                    enforce the totality of proposed                                 subsidiary PPSI).465 However, the cost
                                                incremental costs associated with the                                     requirements described herein. Given                             for smaller PPSIs is expected to be
                                                need to (1) establish and maintain a                                      the substantial, but not complete,                               significantly less on average,
                                                written AML/CFT program and an                                            overlap in practice between an AML/                              approximately $13,737 per IDI-
                                                effective sanctions compliance program                                    CFT program and the proposed                                     subsidiary PPSI and $22,987 per non-IDI
                                                in accordance with the requirements of                                    sanctions compliance program, the                                subsidiary PPSI in the first year.466
                                                the proposed rule, (2) update training                                    remainder of section XII.A.4.ii. ascribes                        FinCEN and OFAC estimate that up to
                                                programs to contain sanctions                                             and discusses certain expected costs to                          19 of the 50 potential PPSIs could be
                                                compliance, (3) conduct ongoing CDD                                       both FinCEN and OFAC requirements                                small; 467 thus, the average first-year
                                                and BOI collection for legal entity                                       jointly where appropriate. For elements                          cost to the small PPSIs is estimated to
                                                customers, (4) store the results of the                                   applicable only to FinCEN or OFAC                                range between $261,011 and $436,762.
                                                testing and auditing of the sanctions                                     requirements, only the relevant agency                           The cost to government is expected to
                                                compliance program and implement                                          is included in that subsection.                                  be $1.7 million in the year prior to the
                                                required technology, and (5) comply                                          In sum, FinCEN and OFAC expect the                            final rule’s effective date, $5.9 million
                                                with special measures. The section also                                   total incremental cost of the proposed                           in the first year, and $2.9 million in
                                                includes discussion of other costs to                                     rule for PPSIs to be approximately $1.8                          each year thereafter. The cost to
                                                PPSIs associated with requirements in                                     million in the first year (approximately                         customers is expected to be
                                                the proposed rule that are not                                            $24,983 per insured depository                                   approximately $1.2 million annually. In
                                                considered incremental. The analysis                                      institution (IDI)-subsidiary PPSI and                            total, the quantified economic costs of
                                                then estimates costs to customers of                                      $52,453 per non-IDI subsidiary PPSI),                            the proposed rule would amount to an
                                                providing information to PPSIs that the                                   and $1 million in each year thereafter                           average incremental expenditure of
                                                proposed rule would require, and costs                                    (approximately $10,249 per IDI-                                  approximately $6.5 million per year
                                                to the government to support and                                          subsidiary PPSI and $36,760 per non-IDI                          once a final rule became effective.

                                                                                      TABLE 3—QUANTIFIED INCREMENTAL COSTS OF THE PROPOSED RULE BY YEAR
                                                                                                                                                                                                                                     3-Year
                                                                                 Affected party                                                Year (¥1)                    Year 1          Year 2               Year 3             average

                                                PPSIs ...................................................................................   ........................        $1,798,558      $1,042,670          $1,042,670           $1,294,633
                                                Government .........................................................................                1,713,930                5,871,244       2,938,297           2,938,297            3,915,946
                                                New PPSI Customers ..........................................................               ........................         1,245,800       1,245,800           1,245,800            1,245,800

                                                      Annual Incremental Costs ............................................                         1,713,930                8,915,602       5,226,768            5,226,768           6,456,379

                                                a. Costs for PPSIs                                                        would not represent incremental costs                            an independent audit function; (3) a
                                                                                                                          uniquely attributable to the                                     designated compliance officer; and (4)
                                                   In this subsection, FinCEN and OFAC                                    requirements of the proposed rule.                               an ongoing employee training program.
                                                identify the costs associated with (1)                                    Where relevant, FinCEN and OFAC                                  A PPSI’s internal policies, procedures,
                                                program development and maintenance;                                      have provided explanation below when                             and controls would need to be
                                                (2) audit and independent testing, (3)                                    the pro forma costs presented are                                reasonably designed to identify, assess,
                                                training development and                                                  expected to differ from the anticipated                          and document the PPSI’s ML/TF risks
                                                implementation; (4) customer due                                          incremental costs of the respective                              through risk assessment processes and
                                                diligence; (5) addition technical                                         proposed requirements.                                           mitigate the PPSI’s ML/TF risks,
                                                capabilities, policies, and procedures;                                                                                                    consistent with the PPSI’s risk
                                                (6) BSA reporting; (7) recordkeeping and                                  1. Program Development and
                                                                                                                                                                                           assessment processes, including by
                                                technology; (8) information sharing; (9)                                  Maintenance
                                                                                                                                                                                           allocating more attention and resources
                                                special standards of diligence; and (10)                                     The proposed rule would require                               toward higher risk customers and
                                                section 311 and other special measures.                                   PPSIs to establish and maintain an                               activities rather than toward lower-risk
                                                Some of these costs are expected to flow                                  effective AML/CFT program and an                                 customers and activities. PPSIs would
                                                from requirements proposed by FinCEN,                                     effective sanctions compliance program,                          be required to conduct independent
                                                others from requirements proposed by                                      described in sections VI.C.3 and VII.B,                          testing to assess the PPSI’s compliance
                                                OFAC, and others could not be                                             respectively. FinCEN and OFAC outline                            with the AML/CFT statutory and
                                                meaningfully disaggregated and                                            the impacts of these requirements on                             regulatory requirements. A PPSI would
                                                separately attributed given the nature of                                 incremental costs below.                                         be required to designate an individual
                                                how the respective programs are                                              With respect to FinCEN requirements,                          responsible for establishing and
                                                expected to be jointly operationalized in                                 PPSIs would be required to establish                             implementing the AML/CFT program. A
                                                an integrated fashion by future PPSIs.                                    and maintain an effective AML/CFT                                PPSI would be required to establish an
                                                FinCEN and OFAC further anticipate                                        program comprised of: (1) internal                               ongoing employee training program. A
                                                that many of the costs articulated below                                  policies, procedures, and controls; (2)                          PPSI would also be required to keep its

lotter on DSK8BHNXB4PROD with PROPOSALS3
                                                  464 Note, the incremental costs presented in this                       by the proposed rule, even if such activities are                  466 See infra section XII.A.4.ii.a for a discussion

                                                subsection differ in several ways from the PRA                            already being conducted by the respondents.                      of the basis for differential cost estimates by size.
                                                recordkeeping and reporting costs presented in                              465 FinCEN estimates that the net present value of             See specifically sections XII.A.4.ii.a.1, 4, and 7.
                                                section XII.E below. The cost totals presented here
                                                                                                                          costs associated with a three-year time horizon is                 467 This estimate was obtained by applying the
                                                reflect the estimated incremental costs that would
                                                result from this proposed rule, while the costs                           $3.44 million ($3.68 million) using a 7 precent (3               equivalent annual revenue threshold for small
                                                presented in section XII.E analysis include pro                           percent) discount rate, respectively. This equates to            entities described and utilized in the IRFA below.
                                                forma accounting of all costs associated with the                         annualized costs of $1.31 million ($1.30 million)                See infra section XII.C.2.i.b.
                                                PRA recordkeeping and reporting activities required                       using the same discount rates.

                                           VerDate Sep<11>2014         18:56 Apr 09, 2026        Jkt 268001      PO 00000        Frm 00059      Fmt 4701        Sfmt 4702    E:\FR\FM\10APP3.SGM   10APP3
                                                18640                                Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                risk-based internal policies, procedures,                                     approve the sanctions compliance                                           risks stemming from both AML/CFT and
                                                and controls, risk assessment processes,                                      program. Senior management would                                           sanctions compliance obligations. Thus,
                                                and employee training program current                                         also be required to support the effective                                  OFAC does not expect that most
                                                as the PPSI’s risk profile changes.                                           implementation of the sanctions                                            requirements associated with sanctions
                                                   The proposed rule would also require                                       compliance program, as previously                                          compliance program implementation
                                                that PPSI’s AML/CFT program be                                                described in section VII.B.1, by ensuring                                  would impose an incremental cost
                                                written, and that a PPSI, upon request,                                       that it is appropriately resourced,                                        beyond the overall AML/CFT program
                                                make available a copy of its written                                          supported, and integrated into a PPSI’s                                    implementation.
                                                AML/CFT program to FinCEN or its                                              operations. A key part of this program                                        As discussed in section XII.A.2.ii.a,
                                                designee. It would also require the                                           implementation is the establishment                                        FinCEN and OFAC expect that most
                                                PPSI’s