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- OCC finalizes GENIUS
Act stablecoin rules effective January 18
- Framework introduces
reserve backing, redemption and risk management standards
- Direct stablecoin
yield payments prohibited but third-party rewards remain subject to review
- Banks warn indirect
rewards could accelerate deposit migration
- Clarity Act
previously failed amid political conflict-of-interest concerns
- Separate AML, Bank
Secrecy Act and sanctions regulations remain outstanding
- Treasury welcomes
framework as a milestone for US digital finance
- Community bankers
warn stablecoin adoption could threaten $850 billion in lending
The Office of the Comptroller of the
Currency (OCC) has finalized regulations implementing the GENIUS Act,
establishing a federal framework for payment stablecoins while leaving
contentious questions about customer rewards and potential deposit outflows unresolved.
The final rule, scheduled to take
effect January 18, provides guidance for OCC-regulated institutions involved in
issuing, holding and transferring stablecoins, introducing requirements
covering reserve backing, redemption and risk management.
However, the regulator's approach to
stablecoin yield payments has reignited concerns among community banks that
digital assets could compete directly with traditional deposits and undermine
lending to households and businesses.
Although the regulations prohibit
stablecoin issuers from paying interest or yield directly to holders, they
allow the OCC to assess arrangements involving third-party intermediaries
individually.
The distinction has become a central
concern for banking organizations, which argue that rewards distributed through
affiliated or external providers could effectively circumvent restrictions
intended to protect the deposit-taking system.
"Depending on the facts and
circumstances, a payment to payment stablecoin holders through an intermediary
might be made solely in connection with the holding, use, or retention of a
payment stablecoin or might be made, at least in part, for other reasons,"
the OCC stated.
The regulator also clarified that
transaction-based payments would not necessarily be prohibited where they did
not constitute interest or yield or were not made exclusively in connection
with holding or using stablecoins.
The decision follows unsuccessful
congressional efforts to establish broader digital asset market rules through
the Clarity Act.
Earlier negotiations focused heavily
on whether cryptocurrency companies should be prevented from offering rewards
economically equivalent to interest-bearing bank deposits.
Banking trade associations warned
that permitting indirect reward arrangements could accelerate the migration of
deposits from regulated financial institutions into digital assets.
Although the Senate Banking Committee
approved the legislation in May, the measure subsequently failed amid political
concerns about potential conflicts of interest involving government officials
and cryptocurrency businesses.
The OCC's framework therefore
advances stablecoin regulation while leaving certain contentious questions
subject to supervisory interpretation.
The agency acknowledged that
additional requirements remain outstanding, including provisions concerning the
Bank Secrecy Act, anti-money laundering controls and sanctions administered by
the Office of Foreign Assets Control.
Those matters will be addressed
through separate rulemaking coordinated with the Treasury Department.
The OCC also plans to announce when
it will begin accepting and processing applications and waiver requests from
prospective stablecoin issuers.
"Given the nascency of the
industry, the OCC will closely monitor its evolution and structure and adjust
the supervisory and regulatory framework for payment stablecoin issuers to the
extent necessary," the regulator said.
Treasury Secretary Scott Bessent
welcomed the regulations, describing their introduction as a "watershed
moment in American finance."
Drawing comparisons with the National
Currency Act of 1863, Bessent argued that the GENIUS Act established a
comparable national framework for digital payment instruments.
He said the measures would strengthen
the United States' position as a global cryptocurrency center.
Comptroller of the Currency Jonathan
Gould emphasized the importance of balancing innovation with appropriate
safeguards.
The OCC was establishing "a
clear, practical framework for payment stablecoin innovation, with strong
standards for reserve backing, redemption, and risk management," he said.
However, the Independent Community
Bankers of America (ICBA) reiterated concerns that insufficient restrictions on
stablecoin rewards could threaten traditional banking activity.
The association cited analysis
suggesting that widespread stablecoin adoption could reduce community bank
lending by at least $850 billion in the coming years.
It urged regulators to establish
stronger consumer protections, financial stability safeguards and operational
restrictions on stablecoin issuers.
The competing responses highlight a
fundamental regulatory challenge: encouraging innovation in digital payments
without creating incentives for deposits to migrate away from institutions that
finance local economic activity.
With further rulemaking and
supervisory decisions still pending, the effectiveness of the GENIUS Act
framework may ultimately depend on how rigorously the OCC interprets
restrictions on indirect stablecoin rewards.