Fed adds a new layer of bureaucracy for US banks engaging in crypto asset activities

Published at: Aug. 17, 2022

The United States Federal Reserve Board issued a letter Tuesday to its supervisory officers and staff and the banks they supervise regarding activities with crypto assets. The letter covers preliminary steps a bank must go through before engaging in activities with crypto and instructs banks to notify the board before proceeding with those activities.

The letter, signed by the directors of the regulatory and community affairs divisions, applies to all banks supervised by the Fed with no threshold of minimum assets. It begins with a warning about the risks associated with crypto, specifically mentioning evolving technology and its governance, Anti-Money Laundering and transparency, and the stability of assets such as stablecoin.

The Fed is monitoring banks’ activities, the letter noted:

“Given the heightened and novel risks posed by crypto-assets, the Federal Reserve is closely monitoring related developments and banking organizations’ participation in crypto-asset-related activities.”

It went on to remind banks that they need to make adequate risk management preparations for activities with crypto assets. It also recommended checking state and federal law on the legality of their plans and required filings, mentioning the Bank Holding Company Act, Home Owners’ Loan Act, Federal Reserve Act and Federal Deposit Insurance Act in particular.

Related: Portuguese banks shutting crypto accounts citing risk management concerns

The letter’s real call to action was the instruction that banks should notify their Fed supervisory contacts in advance of their planned activities with crypto. Banks that are already engaged in such activities should provide prompt retrospective notification so that they can receive feedback.

An accompanying statement said a statement on crypto asset policy was provided last year after an interagency “policy sprint” with the Federal Deposit Insurance Corporation (FDIC) Office of the Comptroller of the Currency (OCC).

The Fed letter comes on the heels of guidelines for reserve banks for opening Federal Reserve accounts for “blockchain banks,” among other organizations.

Tags
Related Posts
US AML watchdog wants info on all international crypto transactions over $250
The Financial Crimes Enforcement Network (FinCEN) and Federal Reserve are looking to get more information on smaller transactions than ever before. According to a notice of proposed rulemaking published on Friday, the agencies want to lower the $3,000 threshold established in 1995 to $250 for international transactions, meaning that financial institutions would need to exchange client information alongside all transactions greater than $250 that begin or end outside of the United States. Which is to say, the Travel Rule, as it is known, would apply to quite small amounts of money changing hands. The proposed change specifically calls out "convertible …
Regulation / Oct. 23, 2020
Uniswap founder's bank account shut down by JP Morgan Chase, shadow-debanking allegations surface
On Sunday, Hayden Adams, CEO and founder of popular decentralized exchange, or DEX, Uniswap (UNI), claimed that his JP Morgan Chase bank accounts were shut down with no explanation. In addition, Adams stated that the incident was personal in nature as he knew "many individuals and companies who have been similarly targeted simply for working in the crypto industry." This week @jpmorgan @Chase closed my bank accounts with no notice or explanation ‍ I know many individuals and companies who have been similarly targeted simply for working in the crypto industry Thanks for making it a personal — hayden.eth (@haydenzadams) …
Blockchain / Jan. 24, 2022
56% of banks say DLT and crypto are 'not a priority' in near future — Fed survey
A survey conducted by the Federal Reserve Board of the United States suggested that the majority of officials at major banks did not consider crypto-related products and services a priority in the near future. According to the results of a Fed survey released on Friday, more than 56% of senior financial officers from 80 banks said distributed ledger technology and crypto products and services were “not a priority” or were “a low priority” for their growth and development strategy for the next two years, while roughly 27% said they were a medium or high priority. However, roughly 40% of respondents …
Regulation / July 15, 2022
Many crypto asset activities pose 'novel risks' to banks, says Fed vice chair for supervision
Michael Barr, the vice chair for supervision for the United States Federal Reserve, warned banks of the potential risks of crypto-related activities, suggesting crypto service providers be subject to similar regulations as traditional financial institutions. In written remarks prepared for an Oct. 12 speech at D.C. Fintech Week, Barr seemed to encourage banks to explore issuing tokens on distributed ledger networks, but “only in a controlled and limited manner.” The Fed vice chair for supervision suggested financial institutions engage with U.S. regulators to ensure “safe, sound, and legally permissible” activities around use cases of innovative technologies like crypto and stablecoins. …
Regulation / Oct. 12, 2022
Fed denies Custodia Bank application to join the Federal Reserve System
The Federal Reserve Board has rejected Custodia Bank’s application to become a member of the Federal Reserve System. In its announcement, the Fed stated that the application was “inconsistent with the required factors under the law.” It also claimed Custodia had an “insufficient” management framework and cited an earlier joint declaration by the Fed with the Federal Deposit Insurance Corporation and Office of the Comptroller of the Currency that found crypto assets to be at odds with sound banking practices. STATEMENT FROM CUSTODIA BANK about today's Federal Reserve action on its membership application. Its master account application remains pending: pic.twitter.com/QkMjcT508J …
Regulation / Jan. 27, 2023