The U.S. Department of the Treasury issues proposed rules on the "substantial similarity" standard for state-level stablecoin regulation under the GENIUS Act

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Deep Tide TechFlow news: April 02, according to a proposed rulemaking notice (NPRM) issued by the U.S. Department of the Treasury, the Treasury intends to establish broad principles to clarify when a state-level stablecoin regulatory regime can be considered “substantially similar” to the federal regulatory framework, in order to fulfill the requirements of Section 4© of the “American Stablecoin National Innovation Guidance and Establishment Act” (GENIUS Act).

The key points are as follows:

  1. State-level regulatory regimes must meet or exceed the federal standards specified in Section 4(a) of the GENIUS Act; they must not fall below the federal baseline in core prudential requirements such as reserve assets, redemptions, capital requirements, liquidity management, and risk management;

  2. The “federal regulatory framework” includes the text of the Act and the interpretive guidance and regulations issued by the Office of the Comptroller of the Currency (OCC) published in the Federal Register; for BSA/sanctions compliance, the provisions set by the Treasury govern; and for anti-tying provisions, the Federal Reserve’s regulations apply;

  3. Regulatory requirements are divided into “uniform requirements” and “state-determined requirements.” The former requires that state regimes be fully aligned with the federal framework in substantive content, while the latter allows states to set requirements independently, but the regulatory outcomes must be at least equally strict;

  4. State regimes must include supporting frameworks for transitioning to federal supervision, licensing applications, supervisory enforcement, custody, and bankruptcy, and may add additional requirements as long as they do not conflict with federal law.

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