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US Policymakers Are Still Evaluating Stablecoins

Consumer protections are front and center in questions lawmakers have about stablecoins.

Updated May 11, 2023, 4:27 p.m. Published Nov 30, 2021, 3:22 p.m.
Sen. Sherrod Brown (Anna Moneymaker/Getty Images)
Sen. Sherrod Brown (Anna Moneymaker/Getty Images)

We are rapidly approaching the end of 2021 but policymakers are not letting up in terms of their approach to crypto. Last week’s letter to stablecoin issuers is yet another step in this ongoing story.

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When stablecoin rules?

The narrative

Last week, U.S. Sen. Sherrod Brown (D-Ohio) sent letters to a handful of stablecoin issuers asking for more information about their issuances, governance, consumer protection policies and more. It’s the latest move in an escalating effort by lawmakers, particularly the Senate Banking Committee chairman, to understand and evaluate stablecoins.

Why it matters

Lawmakers are grappling with stablecoins worldwide, but we’re starting to see movement from just asking questions to the beginnings of actual policy proposals and potential laws. In that light, the questions Brown is asking stablecoin issuers could identify what issues might fall into the explicitly defined regulatory landscape.

Breaking it down

Brown sent letters to Circle, Coinbase, Gemini, Paxos, TrustToken, Binance.US, the Centre Consortium (which Coinbase and Circle jointly operate) and Tether, asking for information about the respective stablecoins they issue.

Roughly summarized, the questions ask:

  • How customers can acquire the stablecoins;
  • How customers can redeem the stablecoin;
  • How much of the stablecoin has been issued;
  • What might prevent a customer from purchasing the stablecoin;
  • Whether any trading platforms have “special arrangements” with respect to the stablecoin;
  • How specific levels of redemption might impact the issuer;
  • How an exchange might evaluate forks.

Some letters had more questions than others, such as those to Coinbase and Gemini.

“I have significant concerns with the non-standardized terms applicable to redemption of particular stablecoins, how those terms differ from traditional assets, and how those terms may not be consistent across digital asset trading platforms,” Brown wrote in several of the letters.

The letters came a month after Brown, with a handful of other Democrat senators, wrote to Facebook, ordering it to halt its announced Novi pilot program as well as any work on the diem stablecoin project.

At the time, the lawmakers wrote that Facebook could not be trusted with customer data although, interestingly, this was not an issue discussed in last week’s letters.

Brown’s letter referenced the President’s Working Group on Financial Markets’ report on stablecoins, which the group published at the beginning of November.

In a similar vein, the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation and Federal Reserve published their joint sprint team timeline last week, announcing when they plan to announce further clarity around bank interactions with crypto, including stablecoin issuance.

Given a) the PWG’s recommendation that stablecoin issuers be regulated similarly to national banks and b) the PWG’s recommendation that Congress cement this proposal through legislation, it’s very possible that last week’s letters are a first step toward this regulation.

Biden’s rule

Changing of the guard

Key: (nom.) = nominee, (rum.) = rumored, (act.) = acting, (inc.) = incumbent (no replacement anticipated)
Key: (nom.) = nominee, (rum.) = rumored, (act.) = acting, (inc.) = incumbent (no replacement anticipated)

Five Democrat senators have expressed their opposition to OCC nominee Saule Omarova, Axios reported last week. The already contentious nomination has faced headwinds since being announced, and this state of affairs doesn’t look likely to change.

Elsewhere:

Outside CoinDesk:

  • (The New York Times) Uber allegedly had a team that watched over “competitors, opponents and disgruntled employees,” Kate Conger at the NYT reports. One of the members of this team claimed the others broke laws involving wiretapping and other crimes – but it appears this might not have been the case.

If you’ve got thoughts or questions on what I should discuss next week or any other feedback you’d like to share, feel free to email me at [email protected] or find me on Twitter @nikhileshde.

You can also join the group conversation on Telegram.

See ya’ll next week!

Note: The views expressed in this column are those of the author and do not necessarily reflect those of CoinDesk, Inc. or its owners and affiliates.

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White House crypto advisor Patrick Witt said stablecoins are the “gateway drug” for global finance and that Washington is racing to deliver regulatory clarity.

What to know:

The Context: The Executive Director of the President’s Council for Advisors for Digital Assets sat down for an interview with CoinDesk where he said the recent World Economic Forum in Davos served as a stage for the Trump administration to signal its commitment to normalizing digital assets as a permanent asset class. He said:

  • The administration aims to strike a balance between traditional financial incumbents and new crypto entrants through a "symbiosis" where they can coexist and compete.
  • Consumers benefit from this competition, positioning the current administration as firmly on the side of technological innovation.
  • The President renewed a pledge at the event to establish the United States as the undisputed "crypto capital of the world".

Latest Developments: Regulatory movement is accelerating in Washington with key committee markups scheduled for major digital asset legislation.

  • The Senate Agriculture Committee is set to mark up its portion of the market structure bill on Thursday, January 29th at 10:30 AM.
  • The Senate Banking Committee has postponed its markup, requiring further mediation on issues like stablecoin rewards and ethics.
  • Witt expressed confidence that despite these delays, the legislation will eventually be reconciled and brought to the Senate floor.

Reading Between the Lines: Stablecoins are acting as a "gateway drug" for global business leaders who are beginning to grasp the technology's potential—and its threat.

  • Witt observed a cycle where traditional players move from a lack of understanding to fear, and finally to incorporating crypto into their own product offerings.
  • While some Senate Republicans worry about stablecoins causing deposit flight from community banks, Witt believes a "smooth glide path" into these future technologies is possible with patience and cooperation.
  • “Consumers win when there’s choice,” he said, while also acknowledging concerns from Senate Republicans about community banks and financial stability. The administration, he suggested, sees convergence between crypto and traditional finance as inevitable but wants the transition to be smooth rather than destabilizing to all parties.
  • U.S. regulators intend to lead the global regulatory conversation, even if the domestic legislative process results in imperfect "directionally accurate" rules.

What Comes Next: Once the primary market structure bill passes, the administration plans to pivot toward a major crypto tax package.

  • Witt suggested there is still a window of opportunity to pass additional digital asset legislation this year before midterms dominate the congressional calendar.
  • The administration is also monitoring "developing situations" regarding digital assets potentially seized in national security actions abroad, such as in Venezuela.
  • Finally, Witt declined to specifically comment on speculation that Venezuelan enforcement actions may have involved seized digital assets, citing national security sensitivities and an evolving situation, but did add, “There’s a number of folks in the national security apparatus engaged,” in regards to how the Maduro regime was financed.