
The 130-page proposed rule forces Tether, Circle to build bank-grade ID checks. Fed's Barr warns secondary market gap remains, leaving peer-to-peer stablecoin transfers outside the framework.
Six U.S. financial agencies proposed a rule Thursday that forces stablecoin issuers to identify their customers the same way banks do. The Federal Reserve, Treasury, the OCC, the FDIC, the NCUA and FinCEN jointly released the draft, which implements customer‑identification requirements under the Bank Secrecy Act for firms managing dollar‑pegged tokens.
The proposal answers last year's GENIUS Act, the first federal law placing stablecoin issuers inside the U.S. regulatory perimeter. A stablecoin issuer that qualifies as a "permitted payment stablecoin issuer" must verify anyone opening an account and keep records of that identity. The issuer must also screen customers against government terrorist lists. The agencies opened a 60‑day public comment period.
Fed Governor Michael Barr, the central bank's former supervisory chief, voted against the rule. He said the framework does not go far enough on secondary market transactions – the peer‑to‑peer transfers that happen off the issuer's platform. In a statement he called the gap a hole for bad actors.
Barr said he would watch whether the final rule extends identification checks to secondary market trading. The 130‑page document itself asks: "Should any CIP requirement be extended to secondary market activity? If yes, in what circumstances?"
The rule shifts the biggest operational burden to Tether and Circle, the two dominant stablecoin firms, and to newer entrants like Paxos and traditional banks issuing their own tokens. Each must build or buy a Bank Secrecy Act‑compliant customer identification program. That process typically costs millions and adds onboarding friction. For crypto‑native firms used to near‑instant wallet creation, the change is material.
The secondary market gap is the real exposure. If person‑to‑person transfers that never touch a regulated issuer's onboarding flow remain outside the rule, enforcement falls on exchanges that already run know‑your‑customer checks. The loophole lives in wallet‑to‑wallet moves that never land on a CEX order book.
Comments are due in 60 days. The agencies must review responses and issue a final joint rule. The second half of 2025 is the earliest realistic enforcement date. FinCEN's parallel rulemaking on GENIUS Act anti‑money laundering provisions moves on a separate track.
Combined crypto exchange volumes fell 3.45% in May to $4.41 trillion, the lowest since September 2024. Real‑world asset perpetual futures rose 10.4% against the broader trend to a new all‑time high, signaling institutional demand for tokenized traditional assets even as regulatory uncertainty over stablecoins persists.
Read more: Fed Demands Bank-Grade ID Programs From Stablecoin Issuers
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