Withdrawal: CVC mixing finding and NPRM (91 FR 63513)

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

Fincen

2026-10-06

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

Federal Register / Vol. 91, No. 192 / Tuesday, October 6, 2026 / Proposed Rules                                                 63513

                                                be added. Key elements of the                           § 410.1 Basin regulations—Water Code                  FR 72701 (October 23, 2023), as of
                                                procedure are as follows:                               and Administrative Manual—Part III Water              October 6, 2026.
                                                                                                        Quality Regulations.
                                                   D Online registration to speak at a                                                                        FOR FURTHER INFORMATION CONTACT: The
                                                public hearing will remain open until 5                 *      *     *     *     *                            FinCEN Regulatory Support Section by
                                                p.m. on the day immediately before                        (c) Work, services, activities and                  submitting an inquiry at
                                                each hearing date.                                      facilities affecting the conservation,                www.fincen.gov/contact.
                                                                                                        utilization, control, development or
                                                   D Each person who wishes to provide                  management of water resources within
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                oral comment may do so at only one                      the Delaware River Basin are subject to               I. Statutory Provisions
                                                public hearing.                                         regulations contained within the
                                                   D Speaking time will be limited to                                                                           Section 311 of the USA PATRIOT
                                                                                                        Delaware River Basin Water Code with                  Act 1 (section 311), codified at 31 U.S.C.
                                                approximately three minutes per                         Amendments through [EFFECTIVE
                                                speaker.                                                                                                      5318A, grants the Secretary of the
                                                                                                        DATE OF FINAL RULE], and the                          Treasury (Secretary) the authority to
                                                   D Elected government officials and                   Administrative Manual—Part III Water                  make a finding that ‘‘reasonable grounds
                                                their staff members will have the                       Quality Regulations with Amendments                   exist for concluding’’ that any of the
                                                opportunity to identify themselves                      through December 7, 2022. Both the                    following ‘‘is of primary money
                                                when registering to attend a hearing.                   Delaware River Basin Water Code and                   laundering concern’’:
                                                   D Attendance at the public hearing is                the Administrative Manual—Part III
                                                                                                        Water Quality Regulations are                           (i) A jurisdiction outside of the United
                                                not limited and requires no advance                                                                           States;
                                                registration.                                           incorporated by reference into this
                                                                                                                                                                (ii) One or more financial institutions
                                                                                                        section with the approval of the Director
                                                   D Written and oral comments will                                                                           operating outside of the United States;
                                                                                                        of the Federal Register under 5 U.S.C.                  (iii) One or more classes of transactions
                                                receive equal consideration.
                                                                                                        552(a) and 1 CFR part 51. You may                     within, or involving, a jurisdiction outside of
                                                   The Commission appreciates the                       obtain or inspect this material at the                the United States; or
                                                public’s participation and input on this                Delaware River Basin Commission                         (iv) One or more types of accounts.2
                                                matter.                                                 (DRBC), 25 Cosey Road, West Trenton,                    Upon making such a finding, the
                                                   Translation Services for Rulemaking                  New Jersey 08628–0360, 609–883–9500,                  Secretary is authorized to require
                                                Materials. The Commission will                          www.drbc.gov.                                         domestic financial institutions and
                                                consider requests for translation of this                 Dated: September 29, 2026.                          domestic financial agencies—
                                                document and the proposed rule text
                                                                                                        Naomi Mendelsohn,                                     collectively, ‘‘covered financial
                                                into languages other than English. To
                                                                                                        Commission Secretary/Assistant General                institutions’’—to take certain ‘‘special
                                                request translation of documents related
                                                                                                        Counsel.                                              measures.’’ Specifically, pursuant to
                                                to this rulemaking, please send an email
                                                                                                        [FR Doc. 2026–20480 Filed 10–5–26; 8:45 am]           section 311, the Secretary may impose
                                                to [email protected]. Please specify
                                                                                                        BILLING CODE 6360–01–P                                one or more of five possible special
                                                both the requested language and the
                                                                                                                                                              measures as safeguards to defend the
                                                requested documents.
                                                                                                                                                              U.S. financial system from money
                                                   More Information. Detailed and up-to-                                                                      laundering and terrorist financing risks.
                                                date information about the rulemaking,                  DEPARTMENT OF THE TREASURY                            Through special measures one through
                                                including proposed rule text, a                                                                               four, the Secretary may impose
                                                frequently asked questions document,                    Financial Crimes Enforcement Network
                                                                                                                                                              additional recordkeeping, information
                                                public notices, and links for submitting                                                                      collection, and reporting requirements
                                                written comments and for registering                    31 CFR Part 1010
                                                                                                                                                              on covered financial institutions.3
                                                online to speak at the scheduled public                                                                       Through special measure five, the
                                                hearing can be found on the                             RIN 1506–AB47
                                                                                                                                                              Secretary may ‘‘prohibit, or impose
                                                Commission website, www.drbc.gov.                                                                             conditions upon, the opening or
                                                                                                        Proposal of Special Measure
                                                List of Subjects in 18 CFR Part 410                     Regarding Convertible Virtual                         maintaining in the United States of a
                                                                                                        Currency Mixing, as a Class of                        correspondent account or payable-
                                                  Incorporation by reference, Water                     Transactions of Primary Money                         through account’’ for or on behalf of a
                                                pollution control, Water resources,                     Laundering Concern; Withdrawal                        foreign banking institution, if such
                                                Water supply.                                                                                                 correspondent account or payable-
                                                                                                        AGENCY: Financial Crimes Enforcement                  through account involves the financial
                                                  For the reasons set forth in the
                                                                                                        Network (FinCEN).                                     institution operating outside of the
                                                preamble, the Delaware River Basin
                                                Commission proposes to amend title 18,                  ACTION: Withdrawal of finding and                     United States found to be of primary
                                                chapter III, subchapter A of the Code of                notice of proposed rulemaking.                        money laundering concern.4
                                                Federal Regulations as follows:                                                                                 The authority of the Secretary to
                                                                                                        SUMMARY: FinCEN is withdrawing its                    administer the Bank Secrecy Act (BSA) 5
                                                PART 410—BASIN REGULATIONS;                             finding and proposed rulemaking,
                                                WATER CODE AND ADMINISTRATIVE                           pursuant to section 311 of the USA                      1 Uniting and Strengthening America by

                                                MANUAL—PART III WATER QUALITY                           PATRIOT Act, that international                       Providing Appropriate Tools Required to Intercept
                                                                                                        Convertible Virtual Currency (CVC)                    and Obstruct Terrorism Act of 2001, Public Law
                                                REGULATIONS                                                                                                   107–56, 115 Stat. 272 (Oct. 26, 2001) (USA
                                                                                                        mixing is a class of transactions of

lotter on DSK8BHNXB4PROD with PROPOSALS1
                                                                                                                                                              PATRIOT Act).
                                                ■ 1. The authority citation for part 410
                                                                                                        primary money laundering concern and                    2 31 U.S.C. 5318A(a)(1).

                                                continues to read as follows:                           that a special measure requiring                        3 31 U.S.C. 5318A(b)(1)–(4).

                                                                                                        enhanced recordkeeping and reporting                    4 31 U.S.C. 5318A(b)(5).
                                                  Authority: Delaware River Basin Compact,              requirements should be imposed                          5 The BSA, as amended, is the popular name for
                                                75 Stat. 688.                                                                                                 a collection of statutory authorities that FinCEN
                                                                                                        regarding this class of transactions.
                                                                                                                                                              administers that is codified at 12 U.S.C. 1829b,
                                                ■ 2. Amend § 410.1 by revising                          DATES: FinCEN is withdrawing the                      1951–1960 and 31 U.S.C. 5311–5314, 5316–5336,
                                                paragraph (c) to read as follows.                       proposed rulemaking published at 88                                                            Continued

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

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

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

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

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