ARTICLE
8 November 2021

Federal Agencies Urge Congressional Action On Stablecoins

CW
Cadwalader, Wickersham & Taft LLP

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The President's Working Group on Financial Markets, the FDIC and the OCC urged Congress to take prompt action to establish a federal prudential regulatory framework for stablecoins.
United States Finance and Banking

The President's Working Group on Financial Markets, the FDIC and the OCC urged Congress to take prompt action to establish a federal prudential regulatory framework for stablecoins.

In their report, the agencies found that financial and economic stability risks could arise from (i) fluctuation in a stablecoin's value, (ii) payment chain disruptions and (iii) rapid scaling of stablecoin arrangements. In addition, the agencies stated that stablecoin use presents risks to investor protection and market and financial integrity, and creates AML concerns.

The agencies recommended that legislation include provisions to address the following issues:

  • Risks to stablecoin users and protection against stablecoin runs. The agencies recommended that stablecoin issuers be required to be insured depository institutions.
  • Payment system risk. The agencies recommended that (i) there should be mandatory federal oversight of custodial wallet providers, and (ii) federal supervisors should be able to impose risk-management requirements on entities with operations that are key to stablecoin arrangements.
  • Economic power concentration and other systemic risks. The agencies recommended that (i) stablecoin issuers and custodial wallet providers be subject to activities restrictions to establish limits on commercial entity affiliation, and (ii) federal supervisors should be able to impose criteria that encourage stablecoin interoperability.

Until Congress takes action to address the aforementioned concerns, the agencies recommended that the Financial Stability Oversight Council identify activities in a stablecoin arrangement that have the potential to become "systemically important payment, clearing, and settlement activities."

In a related speech, Treasury Undersecretary for Domestic Finance Nellie Liang emphasized that the agencies' report addresses only stablecoins and that the Biden administration is undertaking efforts to address other types of cryptocurrency and distributed ledger technology. In separate statements, SEC Chair Gary Gensler and CFPB Director Rohit Chopra supported the recommendations and pledged that their agencies will take action to address the risks identified in the report.

Primary Sources

  1. Treasury Press Release: President's Working Group on Financial Markets Releases Report and Recommendations on Stablecoins
  1. The President's Working Group on Financial Markets, the FDIC and the OCC Report on Stablecoins
  2. SEC Statement, Gary Gensler: President's Working Group Report on Stablecoins
  3. Treasury Statement, Nellie Liang: Remarks by Under Secretary for Domestic Finance Nellie Liang to the Stanford Graduate School of Business
  4. CFPB Statement, Rohit Chopra: Stablecoin Report
  1. OCC Statement, Michael Hsu: Statement on the Report on Stablecoins

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