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Opinion

Treasury proposes rules forcing U.S. stablecoin issuers to police illicit transactions

TL;DR

  • Proposed rules subject stablecoin issuers to the Bank Secrecy Act.

  • Issuers must file SARs, run sanctions, and monitor all transactions.

  • Reserves must be fully backed by dollars or Treasury securities.


The U.S. Department of the Treasury is creating rules for companies that issue stablecoins. Two divisions—FinCEN and OFAC—are working together on this project. The rules stem from the GENIUS Act, passed last year as the first major law governing crypto in America.

The goal is straightforward. Stablecoin issuers must stop criminals from using their products. They must also freeze money when the government asks them to. Treasury officials say firms that build proper safeguards won’t face penalties.

Here’s what the government expects. A stablecoin company needs the ability to block transactions. It needs to reject suspicious activity. It needs to freeze accounts when authorities demand it. These aren’t suggestions. They’re requirements written into the proposed rule.

FinCEN focuses on money laundering. The agency will expect stablecoin issuers to watch their customers carefully. Some customers pose higher risks than others. Companies must spend more time examining accounts that look suspicious. When FinCEN flags a person or entity, the issuer must search its records for any connection to that target.

The rule also mentions something called “primary money laundering concerns.” If the Treasury designates an organization this way, stablecoin companies must treat it as a red flag. Crypto mixers—services that blend coins from different sources to hide their origin—have received this label before.

Earlier this year, however, the Treasury backed away from that position. It now says mixers might serve legal purposes like protecting privacy.

OFAC handles sanctions. This office blocks Americans from doing business with countries and groups the U.S. opposes. OFAC will require stablecoin issuers to screen transactions against sanctions lists. Any transaction that might violate sanctions rules gets rejected. The company bears responsibility for catching these violations.

The Treasury Department is sending a message to the industry

Treasury Secretary Scott Bessent stated that the rules will “protect the U.S. financial system from national security threats without hindering American companies.” In other words, the government wants compliance but also wants the industry to succeed.

This matters because major stablecoin makers have been waiting for clarity. Tether. Circle. Ripple. World Liberty Financial—a company connected to President Trump’s family. All of them issue stablecoins or plan to. They’ve sought regulation that proves their products are safe and controlled.

Rather than dictating exactly how companies must operate, the Treasury defers to their judgment. The summary states that “financial institutions are best positioned to identify and evaluate their money laundering, terrorist financing and illicit finance risks.” Companies must explain how they’ll prevent crime. If their system works and they follow it, enforcement action is unlikely.

There’s a catch, though. The protection only applies if the company actually maintains the program it describes. If regulators find “a significant or systemic failure,” the company loses protection. Negligence becomes actionable.

The crypto world has always had a complicated relationship with governments. When Bitcoin started, its purpose was to operate outside state control. Decentralized finance, or DeFi, still tries to remove middlemen and keep transactions direct between parties. But stablecoins are different. They’re issued by companies. Those companies need banking relationships. They need to operate within the law.

This creates tension. Some parts of crypto embrace regulation. Stablecoin issuers do. They want their products treated like real financial instruments. Other parts of crypto resist government involvement. Decentralized finance platforms reject traditional regulation. They want to stay independent.

The Treasury hasn’t finished writing the final rule

Right now it’s a proposal. The government will accept public comments. The industry will likely submit feedback. Stablecoin companies will push for rules they can actually follow. Critics will argue the rules don’t go far enough. Eventually, the Treasury will finalize everything.

Other agencies are also writing rules. The Office of the Comptroller of the Currency, which watches national banks, proposed standards earlier this year. The Federal Deposit Insurance Corporation, which insures bank deposits, followed with a similar proposal this week. These proposals largely match each other, suggesting government consensus around what stablecoin regulation should look like.

The GENIUS Act requires full implementation by 2027. That gives companies time to prepare. Some are already moving. World Liberty Financial applied for a bank charter in January to manage its USD1 stablecoin. Others are pursuing partnerships with regulated banks.

The stakes are real. Stablecoins have grown into a major part of crypto. They serve as the bridge between digital assets and regular money. If stablecoins fail, or if they’re used extensively for crime, public trust collapses. The government has responsibility to prevent abuse. Companies have responsibility to operate cleanly.

This regulatory framework represents a middle ground. It’s not a ban. It’s not a free pass either. It’s a set of expectations: operate transparently, watch for crime, and cooperate with authorities. Companies that meet these standards should survive. Companies that resist will face pressure.

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