Unhosted wallet NPRM: extension of comment period to Mar 29, 2021 (86 FR 7352)

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

Fincen

2021-01-28

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

7352

     Proposed Rules                                                                                                 Federal Register
                                                                                                                    Vol. 86, No. 17

                                                                                                                    Thursday, January 28, 2021

     This section of the FEDERAL REGISTER                    the NPRM’s proposed recordkeeping                      currency transaction reports, and (ii)
     contains notices to the public of the proposed          requirements. This notice of extension                 establishing new recordkeeping
     issuance of rules and regulations. The                  of comment period (‘‘Extension Notice’’)               requirements for certain CVC or LTDA
     purpose of these notices is to give interested          extends the reopened comment period                    transactions that are similar to the
     persons an opportunity to participate in the            to allow additional time to respond to
     rule making prior to the adoption of the final
                                                                                                                    recordkeeping and travel rule
     rules.
                                                             all aspects of the NPRM and sets one                   requirements pertaining to funds
                                                             closing date for the comment period,                   transfers and transmittals of funds. The
                                                             instead of the two currently in effect.                original comment period formally
     DEPARTMENT OF THE TREASURY                              Accordingly, all comments to the                       closed on January 7, 2021, although
                                                             proposed NPRM are now due 60 days                      FinCEN took steps to ensure comments
     Financial Crimes Enforcement Network                    from the date of publication of this                   could still be received after that date. In
                                                             Extension Notice.                                      the Reopening Notice, published on
     31 CFR Parts 1010, 1020, and 1022                       DATES: The comment period for the                      January 15, 2021, FinCEN reopened the
     RIN 1506–AB47                                           proposed rule published on December                    comment period.2 Specifically, FinCEN
                                                             23, 2020 (85 FR 83840), which was                      provided an additional 15 days for
     Requirements for Certain Transactions                   extended on January 15, 2021 (86 FR                    comments on the NPRM’s proposed
     Involving Convertible Virtual Currency                  3897), is further extended. Comments                   reporting requirements regarding
     or Digital Assets                                       must be received by March 29, 2021.                    information on CVC or LTDA
                                                             ADDRESSES: Comments may be                             transactions greater than $10,000, or
     AGENCY: Financial Crimes Enforcement
     Network (‘‘FinCEN’’), Treasury.                         submitted by any of the following                      aggregating to greater than $10,000, that
                                                             methods:                                               involve unhosted wallets or wallets
     ACTION: Notice of proposed rulemaking;
                                                                • Federal E-rulemaking Portal: http://              hosted in a jurisdiction identified by
     extension of comment period.
                                                             www.regulations.gov. Follow the                        FinCEN. FinCEN further provided in the
     SUMMARY: On December 23, 2020,                          instructions for submitting comments.                  Reopening Notice for an additional 45
     FinCEN published a notice of proposed                   Refer to Docket Number FINCEN–2020–                    days for comments on the NPRM’s
     rulemaking (the ‘‘NPRM’’) proposing                     0020 and the specific RIN number                       proposed requirements that banks and
     requirements for banks and money                        1506–AB47 to which the comment                         MSBs report certain information
     services businesses (‘‘MSBs’’) related to               applies.                                               regarding counterparties to transactions
     certain transactions involving                             • Mail: Policy Division, Financial                  by their hosted wallet customers, and on
     convertible virtual currency (‘‘CVC’’) or               Crimes Enforcement Network, P.O. Box                   the NPRM’s proposed recordkeeping
     digital assets with legal tender status                 39, Vienna, VA 22183. Refer to Docket                  requirements.
     (‘‘LTDA’’). On January 15, 2021, FinCEN                 Number FINCEN–2020–0020 and the                           This Extension Notice extends the
     published a document reopening the                      specific RIN number.                                   reopened comment period for all
     comment period for the NPRM (the                        FOR FURTHER INFORMATION CONTACT: The                   aspects of the NPRM’s proposals to
     ‘‘Reopening Notice’’). In the Reopening                 FinCEN Regulatory Support Section at                   March 29, 2021, thereby further
     Notice, FinCEN provided an additional                   1–800–767–2825 or electronically at                    extending the time to respond and
     15 days for comments on the NPRM’s                      [email protected].                                        making the timing of the two periods
     proposed reporting requirements                         SUPPLEMENTARY INFORMATION: The                         consistent, with one deadline for all
     regarding information on CVC or LTDA                    NPRM was published in the Federal                      comments to the NPRM.
     transactions greater than $10,000, or                   Register on December 23, 2020.1 In the
     aggregating to greater than $10,000, that                                                                        By the Department of the Treasury.
                                                             NPRM, FinCEN proposed to address the
     involve unhosted wallets or wallets                     threat of illicit finance with respect to              Kenneth A. Blanco,
     hosted in a jurisdiction identified by                  certain transactions involving CVC or                  Director, Financial Crimes Enforcement
     FinCEN. FinCEN further provided in the                  LTDA by (i) establishing new reporting                 Network.
     Reopening Notice for an additional 45                   requirements for certain CVC or LTDA                   [FR Doc. 2021–01918 Filed 1–26–21; 8:45 am]
     days for comments on the NPRM’s                         transactions analogous to existing                     BILLING CODE 4810–02–P
     proposed requirements that banks and
     MSBs report certain information                           1 Requirements for Certain Transactions Involving      2 Requirements for Certain Transactions Involving
     regarding counterparties to transactions                Convertible Virtual Currency or Digital Assets, 85     Convertible Virtual Currency or Digital Assets, 86
     by their hosted wallet customers, and on                FR 83840 (Dec. 23, 2020).                              FR 3897 (Jan. 15, 2021).

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