Permitted Payment Stablecoin Issuer Anti-Money Laundering/Countering the Financing of Terrorism and Sanctions Compliance Risk Management

Citation91 FR 37840
Published date24 June 2026
FR Document2026-12692
Pages37840-37848
SectionProposed rules
IssuerTreasury Department,Comptroller of the Currency Office
Federal Register, Volume 91 Issue 120 (Wednesday, June 24, 2026)
[Federal Register Volume 91, Number 120 (Wednesday, June 24, 2026)]
                [Proposed Rules]
                [Pages 37840-37848]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2026-12692]
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                DEPARTMENT OF THE TREASURY
                Office of the Comptroller of the Currency
                12 CFR Parts 4, 15, and 19
                [Docket ID OCC-2026-0463]
                RIN 1557-AF55
                Permitted Payment Stablecoin Issuer Anti-Money Laundering/
                Countering the Financing of Terrorism and Sanctions Compliance Risk
                Management
                AGENCY: Office of the Comptroller of the Currency, Treasury.
                ACTION: Notice of proposed rulemaking.
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                SUMMARY: The Office of the Comptroller of the Currency (OCC), in
                coordination with the Department of the Treasury's Financial Crimes
                Enforcement Network (FinCEN) and the Office of Foreign Assets Control
                (OFAC), proposes to issue regulations to implement the Guiding and
                Establishing National Innovation for U.S. Stablecoins Act's requirement
                to issue regulations implementing appropriate Bank Secrecy Act (BSA)
                and sanctions compliance standards for permitted payment stablecoin
                issuers subject to the OCC's jurisdiction.
                DATES: Comments must be received by July 24, 2026.
                ADDRESSES: Commenters are encouraged to submit comments through the
                Federal eRulemaking Portal. Please use the title ``Permitted Payment
                Stablecoin Issuer Anti-Money Laundering/Countering the Financing of
                Terrorism and Sanctions Compliance Risk Management'' to facilitate the
                organization and distribution of the comments. You may submit comments
                by any of the following methods:
                 Federal eRulemaking Portal--Regulations.gov:
                 Go to https://regulations.gov/. Enter Docket ID ``OCC-2026-0463''
                in the Search Box and click ``Search.'' Public comments can be
                submitted via the ``Comment'' box below the displayed document
                information or by clicking on the document title and then clicking the
                ``Comment'' box on the top-left side of the screen. For help with
                submitting effective comments please click on ``Commenter's
                Checklist.'' For assistance with the Regulations.gov site, please call
                1-866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. ET, or email
                [email protected].
                 Mail: Chief Counsel's Office, Attention: Comment
                Processing, Office of the Comptroller of the Currency, 400 7th Street
                SW, Suite 1E-216, Washington, DC 20219.
                 Hand Delivery/Courier: 400 7th Street SW, Suite 1E-216,
                Washington, DC 20219.
                 Instructions: You must include ``OCC'' as the agency name and
                Docket ID ``OCC-2026-0463'' in your comment. In general, the OCC will
                enter all comments received into the docket and publish the comments on
                the Regulations.gov website without change, including any business or
                personal information provided such as name and address information,
                email addresses, or phone numbers. Comments received, including
                attachments and other supporting materials, are part of the public
                record and subject to public disclosure. Do not include any information
                in your comment or supporting materials that you consider confidential
                or inappropriate for public disclosure.
                 You may review comments and other related materials that pertain to
                this action by the following method:
                 Viewing Comments Electronically--Regulations.gov: Go to
                https://regulations.gov/. Enter Docket ID ``OCC-2026-0463'' in the
                Search Box and click ``Search.'' Click on the ``Documents'' tab and
                then the document's title. After clicking the document's title, click
                the ``Document Comments'' tab. Comments can be viewed and filtered by
                clicking on the ``Sort By'' drop-down on the right side of the screen
                or the ``Refine Results'' options on the left side of the screen.
                Supporting materials can be viewed by clicking on the ``Documents''
                tab. Click on the ``Sort By'' drop-down on the right side of the screen
                or the ``Refine Documents Results'' options on the left side of the
                screen checking the ``Supporting & Related Material'' checkbox. For
                assistance with the Regulations.gov site, please call 1-866-498-2945
                (toll free) Monday-Friday, 9 a.m.-5 p.m. ET, or email
                [email protected].
                 The docket may be viewed after the close of the comment period in
                the same manner as during the comment period.
                FOR FURTHER INFORMATION CONTACT: Melissa Lisenbee, Counsel, Henry
                Barkhausen, Counsel, or Jina Cheon, Assistant Director, Chief Counsel's
                [[Page 37841]]
                Office, 202-649-5490, or Kenneth Kohrs, BSA/AML Lead Expert, Office of
                the Chief National Bank Examiner, Office of the Comptroller of the
                Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf,
                hard of hearing, or have a speech disability, please dial 7-1-1 to
                access telecommunications relay services.
                SUPPLEMENTARY INFORMATION:
                I. Description of the Proposed Rule
                 On March 2, 2026, the OCC issued a proposed rule that would
                implement the Guiding and Establishing National Innovation for U.S.
                Stablecoins (GENIUS) Act (12 U.S.C. 5901 et seq.) regarding the
                issuance of payment stablecoins and certain related activities by
                entities subject to the OCC's jurisdiction (March 2 proposed rule).\1\
                The Department of the Treasury's Financial Crimes Enforcement Network
                (FinCEN) and the Office of Foreign Assets Control (OFAC) have issued a
                separate proposed rule (Treasury AML and Sanctions Compliance proposed
                rule) that would implement the GENIUS Act's directive to treat
                permitted payment stablecoin issuers as financial institutions under
                the Bank Secrecy Act, as well as imposing several unique anti-money
                laundering obligations required by the GENIUS Act. The Treasury AML and
                Sanctions Compliance proposed rule would also implement the GENIUS
                Act's directive to require permitted payment stablecoin issuers to
                maintain effective sanctions compliance programs.\2\
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                 \1\ 91 FR 10202 (Mar. 2, 2026).
                 \2\ 91 FR 18582 (Apr. 10, 2026).
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                 The OCC is now proposing to amend the March 2 proposed rule to add
                one paragraph to proposed part 15 which would cross-reference the
                obligations in the Treasury AML and Sanctions Compliance proposed rule
                and would implement the GENIUS Act's requirement for the OCC to issue
                regulations implementing appropriate Bank Secrecy Act and sanctions
                compliance standards. This proposed rule would also make corresponding
                changes to 12 CFR part 4 and 12 CFR part 19.
                A. AML/CFT and Sanctions Compliance for Permitted Payment Stablecoin
                Issuers
                 Section 4(a)(4)(A) of the GENIUS Act (12 U.S.C. 5903(a)(4)(A))
                requires that the OCC, among other primary Federal payment stablecoin
                regulators, shall issue regulations implementing ``appropriate
                operational, compliance, and information technology risk management
                principles-based requirements and standards, including Bank Secrecy Act
                and sanctions compliance standards, that--(I) are tailored to the
                business model and risk profile of permitted payment stablecoin
                issuers; and (II) are consistent with applicable law.'' Section 15.13
                of the March 2 proposed rule contains the other risk management
                requirements and standards required by section 4(a)(4)(A)(iv) of the
                GENIUS Act (12 U.S.C. 5903(a)(4)(A)(iv)). This proposed rule would add
                a new paragraph to proposed Sec. 15.13 that would fulfill the OCC's
                specific obligation to implement ``Bank Secrecy Act and sanctions
                compliance'' standards.
                 Proposed paragraph Sec. 15.13(c) would provide that, to ensure
                compliance with Bank Secrecy Act and sanctions requirements, each
                permitted payment stablecoin issuer must comply with applicable
                regulations at 31 CFR chapter V and 31 CFR chapter X, including any
                anti-money laundering and countering the financing of terrorism (AML/
                CFT) program, sanctions program, and reporting requirements. In the
                interest of reducing burden and promoting consistent requirements, the
                proposed rule would not contain additional requirements beyond those
                contained in FinCEN and OFAC's regulations. Instead, compliance with
                regulations at 31 CFR chapter V and 31 CFR chapter X, as promulgated by
                FinCEN and OFAC, would constitute compliance with proposed paragraph
                Sec. 15.13(c).
                B. Supervision and Enforcement
                 This proposed rule would amend 12 CFR part 19 by adding a new
                subpart R, which would create a supervision and enforcement framework
                for permitted payment stablecoin issuer AML/CFT programs. This proposed
                rule defines key terms, describes the OCC's enforcement and supervision
                policy with respect to AML/CFT program implementation failures, and
                establishes a consultation process between FinCEN and the OCC relating
                to AML/CFT enforcement actions or significant AML/CFT supervisory
                actions.
                1. Definitions
                 Proposed section 19.260 would define several terms used throughout
                the section. The term ``AML/CFT requirement'' would mean a requirement
                of the Bank Secrecy Act, the GENIUS Act, or of the regulations in title
                31, chapter X applicable to permitted payment stablecoin issuers.
                 The term ``AML/CFT enforcement action'' would mean any formal or
                informal action taken by the OCC under authority of 12 U.S.C. 5905 or
                other applicable law that seeks to penalize, remedy, prevent, or
                respond to noncompliance with past or ongoing violations of, or past or
                ongoing deficiencies relating to, an AML/CFT requirement. The term
                includes a cease-and-desist order, written agreement, consent order, or
                memorandum of understanding, or the assessment of a civil money
                penalty. It does not include criminal enforcement.
                 The term ``significant AML/CFT supervisory action'' would mean any
                written communication or other formal supervisory determination issued
                by the OCC that identifies one or more alleged deficiencies,
                weaknesses, violations of law, or unsafe or unsound practices or
                conditions relating to an AML/CFT requirement; communicates supervisory
                expectations to a permitted payment stablecoin issuer regarding actions
                or remedial measures required to correct the deficiency, weakness,
                violation, or practice or condition; and contemplates significant or
                programmatic actions or remedial measures to be taken by the permitted
                payment stablecoin issuer. The term does not include examiner
                observations, suggestions, or other informal comments.
                2. Enforcement and supervision policy
                 The proposed rule would articulate the OCC's enforcement and
                supervision policy as it relates to AML/CFT programs.\3\ Except with
                respect to a significant or systemic failure to implement an effective
                AML/CFT program in accordance with applicable regulations at 31 CFR
                chapter X, a permitted payment stablecoin issuer that has properly
                established an effective AML/CFT program would not be subject to an
                AML/CFT enforcement action or to a significant AML/CFT supervisory
                action based on the program requirements issued by FinCEN or proposed
                Sec. 15.13(c). At the same time, the proposed rule would clarify that
                nothing in this policy would restrict an AML/CFT enforcement action or
                a significant AML/CFT supervisory action with respect to a failure to
                properly establish an effective AML/CFT program. The OCC's proposed
                enforcement and supervisory approach is not intended to affect criminal
                enforcement liability under the BSA.
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                 \3\ The proposal would not be intended to affect or restrict
                criminal enforcement under the BSA or the authority of the
                Department of Justice to pursue such actions.
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                3. Consultation
                 The proposed rule would establish a notice and consultation
                framework applicable when the OCC intends to initiate an AML/CFT
                enforcement action or a significant AML/CFT
                [[Page 37842]]
                supervisory action, as those terms are defined in this proposed
                regulation. Under such a consultation framework, before initiating such
                an action, the OCC would provide the Director of FinCEN with an
                opportunity to review the action and would consider any input offered
                by the Director of FinCEN, which may include any view as to the
                effectiveness of the permitted payment stablecoin issuer's AML/CFT
                program. To facilitate that review, the OCC would be required to
                provide written notice to the Director of FinCEN of the OCC's intent to
                take the action at least 30 days in advance of the proposed action,
                unless a shorter period is necessary, at the sole discretion of the
                OCC, to remedy, prevent, or respond to an unsafe or unsound practice or
                condition.
                 Such a notice would be accompanied by the relevant AML/CFT
                information underlying the proposed action. Relevant AML/CFT
                information may include, but is not limited to, relevant portions of a
                draft report of examination; relevant portions of a draft enforcement
                action; examination workpapers supporting the proposed action; and the
                relevant AML/CFT information submitted by the permitted payment
                stablecoin issuer to the OCC. The OCC would not be obligated to provide
                information over which the permitted payment stablecoin issuer may
                claim privilege under Federal or State law. The OCC would also respond,
                to the extent reasonably practicable, to requests for additional AML/
                CFT information from the Director of FinCEN regarding the proposed
                action. The OCC seeks comments on such a consultation framework.
                C. Disclosure of Supervisory Information
                 The disclosure of the OCC's non-public information is generally
                prohibited by 12 CFR part 4, except as provided under such regulations.
                This prohibition generally applies to disclosure of any portion of a
                report of examination, supervisory correspondence, and any
                representations concerning such reports or supervisory correspondence,
                or their findings, including conclusions regarding compliance with AML/
                CFT compliance program requirements.
                 This proposed rule would revise 12 CFR part 4 to: (1) add the same
                defined terms as in part 19 and (2) clarify that permitted payment
                stablecoin issuers may share any information with the FinCEN Director
                that relates to an existing or potential AML/CFT enforcement action or
                significant AML/CFT supervisory action.
                 This proposed rule specifically provides that this authorization to
                share information includes information that would ordinarily be
                considered non-public information under the OCC's rules. To qualify for
                this information sharing, the information at issue must have an
                appropriate nexus to an existing or potential AML/CFT enforcement
                action or significant AML/CFT supervisory action. The OCC proposes this
                clarification to ensure that permitted payment stablecoin issuers can
                share appropriate information with the FinCEN Director, including in
                the context of actions subject to the newly established consultation
                requirement. Otherwise, permitted payment stablecoin issuers may be
                unable to provide thorough information to the FinCEN Director, whether
                proactively or in response to the Director's requests.
                 While the proposed rule intends to permit such sharing, the OCC is
                proposing two alternative methods for permitting such information
                sharing with the FinCEN Director. Under the first approach, referred to
                as Option 1 in the amendatory text below, the OCC would authorize the
                disclosure of covered information on the OCC's behalf to the FinCEN
                Director and separately permit the FinCEN Director to use such
                information. This phrasing is intended to mirror the permissible scope
                of information sharing by the OCC under 12 U.S.C. 1821(t), which
                provides that a ``covered agency, in any capacity, shall not be deemed
                to have waived any privilege applicable to any information by
                transferring that information to or permitting that information to be
                used by'' another Federal agency.
                 Under the alternative approach, referred to as Option 2 in the
                amendatory text below, the agency would similarly authorize the
                disclosure of covered information on the OCC's behalf, as well as
                similarly authorize the use of such information by the FinCEN Director.
                The OCC, however, would expressly require that any such information
                shared on the OCC's behalf be contemporaneously disclosed by the
                permitted payment stablecoin issuer to the OCC. While the OCC will
                necessarily already have access to its own non-public information, this
                additional requirement is potentially more consistent with the
                retention of privilege contemplated under 12 U.S.C. 1821(t) and,
                therefore, potentially provides a greater safeguard against the
                unintended destruction of privilege. The OCC also recognizes that
                permitted payment stablecoin issuers' willingness to share timely,
                thorough information with the FinCEN Director is essential to the
                success of the consultation framework. Requiring permitted payment
                stablecoin issuers to contemporaneously disclose to the OCC the same
                non-public information they provide to FinCEN may discourage proactive
                reporting and thereby undermine the rule's objective of enhancing
                FinCEN's role.
                 Importantly, both of the options outlined above only permit the
                FinCEN Director to use the OCC's non-public information. This
                authorization to use the information does not include an authorization
                to further disclose the received non-public information. Any
                dissemination by a permitted payment stablecoin issuer to a party other
                than the FinCEN Director or by the FinCEN Director to any party would
                be subject to the OCC's rules governing disclosure of non-public
                information.
                 Regardless, the proposed rule would include additional clarifying
                text intended to preserve all applicable privileges. The destruction of
                privilege over non-public supervisory information could prove harmful
                both to the OCC and a permitted payment stablecoin issuer, so the
                additional language is intended to prevent such consequences.
                 The OCC invites comment on these options for permitting greater
                information sharing with the FinCEN Director regarding existing or
                potential AML/CFT enforcement actions or significant AML/CFT
                supervisory actions, including possible alternative methods of
                accomplishing the rule's objectives without unintentionally impeding
                applicable privileges.
                II. Requests for Comment
                 The OCC requests feedback on all aspects of the proposed rule,
                including:
                Revisions to Proposed Part 15
                 Question 1: How should the proposed part 15, including this
                proposed rule, accommodate permitted payment stablecoin issuers that
                are already subject to OCC regulations imposing Bank Secrecy Act,
                sanctions, and suspicious activity reporting requirements, including at
                12 CFR part 21, such as, for example, uninsured national trust banks?
                \4\ Should proposed part 15 specify that any permitted payment
                stablecoin issuer regulated by the OCC is only subject to proposed part
                15 and would not be subject to other OCC regulations imposing Bank
                Secrecy Act, sanctions, or suspicious activity reporting requirements?
                Are there circumstances under which the activities of a single entity
                may warrant
                [[Page 37843]]
                it be subject to both proposed part 15 and existing OCC regulations
                imposing Bank Secrecy Act, sanctions, or suspicious activity reporting
                requirements? Would the requirements in this proposed rule conflict
                with existing obligations in any way that would make complying with
                both difficult or impossible?
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                 \4\ Similarly, subsidiaries of Federal savings associations may
                be permitted payment stablecoin issuers and may be subject to
                existing suspicious activity reporting requirements in 12 CFR
                163.180(d).
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                 Question 2: Generally, how should the OCC enable permitted payment
                stablecoin issuers to be subject to a uniform and consistent set of
                requirements, regardless of entity type? How should proposed part 15
                address OCC-regulated entities that may already be subject to other
                requirements that are separately addressed in proposed part 15 besides
                Bank Secrecy Act, sanctions, and suspicious activity reporting
                requirements (for example, risk management)? Should proposed part 15
                expressly provide that permitted payment stablecoin issuers must only
                comply with applicable requirements in proposed part 15, not
                overlapping requirements included in preexisting OCC regulations?
                Should other OCC regulations be amended to make clear that permitted
                payment stablecoin issuers are not within their scope? For example,
                should proposed part 15 and other regulations be updated to clarify how
                permitted payment stablecoin issuers must comply with applicable
                requirements of, for example, the privacy standards of the Gramm-Leach-
                Bliley Act (i.e., through proposed part 15, preexisting regulations, or
                both)? Should compliance with the requirements in proposed part 15 be
                deemed to constitute compliance with preexisting regulatory
                requirements in the same subject area--or vice versa?
                 Question 3: Should proposed part 15 include additional risk
                management or other requirements beyond those included in the March 2
                proposed rule related to protecting reserve assets against fraud or
                misuse? Proposed Sec. 15.11(a)(3) provides that a permitted payment
                stablecoin issuer may only withdraw any surplus reserve assets in
                excess of outstanding issuance value once per month, upon the
                publication of the monthly composition report. Should proposed part 15
                include additional guardrails to ensure that customer funds provided to
                a permitted payment stablecoin issuer for purposes of acquiring
                stablecoins are secure against fraud or other threats? For example, the
                proposed rule could clarify that customer funds become reserve assets
                as soon as they are provided to the permitted payment stablecoin issuer
                for purposes of acquiring payment stablecoins--and are therefore
                subject to the protections afforded reserve assets. The March 2
                proposed rule, consistent with the GENIUS Act, requires that reserve
                assets be ``identifiable.'' \5\ Should proposed part 15 also clarify
                that the requirement that reserve assets be ``identifiable'' includes
                the requirement that any income, interest, or other proceeds generated
                by reserve assets remain ``identified'' as reserve assets until a
                permitted payment stablecoin issuer claims any excess pursuant to the
                process required by proposed Sec. 15.11(a)(3)? For example, if a
                permitted payment stablecoin issuer invests $100 of reserve assets in a
                90-day Treasury bill that yields $101 upon maturity, should the
                entirety of the $101 proceeds remain ``identified'' as a reserve asset?
                Or should the requirements in proposed Sec. 15.11(a)(3) for claiming
                excess reserve assets only apply to principal, not income? In this
                example, the permitted payment stablecoin issuer would be required to
                identify $100 of the proceeds as a reserve asset while it would not be
                required to identify the $1 in interest as a reserve asset. Should
                proposed Sec. 15.13 (risk management) include additional requirements
                around making sure reserve assets are ``identifiable''? For example,
                proposed Sec. 15.13 could include a requirement that permitted payment
                stablecoin issuers must maintain appropriate controls and systems
                necessary to ensure that reserve assets can be traced and identified at
                all times?
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                 \5\ Proposed Sec. 15.11(a)(1)(i).
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                 Question 4: Should this proposed rule or proposed part 15 include
                other requirements related to securing reserve assets? Proposed part 15
                would only allow ``eligible financial institutions'' to hold reserve
                assets. Should proposed part 15 include additional requirements for
                ``eligible financial institutions'' holding or managing reserve assets,
                for example requiring that permitted payment stablecoin issuers verify
                that eligible financial institutions holding reserve assets have
                appropriate capabilities, safeguards, systems to secure reserve assets,
                including against fraud? Should proposed Sec. 15.11 include other
                protections to secure reserve assets, for example, a limitation on
                permitted stablecoin issuers charging fees for the management or
                trading of its own reserve assets--or an outright prohibition against
                such fees? For example, proposed Sec. 15.11 could include a cap on how
                much of a fee a permitted payment stablecoin issuer, or an asset
                manager used by a permitted payment stablecoin issuer, could
                collectively charge for managing or trading reserve assets (such, as.
                1%, .25%, or .5%). Should proposed Sec. 15.11 include requirements
                around disclosure of fees, for example, that fees must be disclosed
                prominently to new and existing stablecoin holders, or prohibitions
                against fees that are excessive or out of line with prevailing market
                terms?
                 Question 5: Should proposed part 15 include other protections to
                ensure that permitted payment stablecoin holders are able to redeem, or
                otherwise receive cash, for their payment stablecoins? Proposed part 15
                would allow the customers of a permitted payment stablecoin issuer to
                redeem stablecoins directly with a permitted payment stablecoin issuer,
                but not all holders of a payment stablecoin will necessarily be
                customers of a permitted payment stablecoin issuer. While the OCC
                expects that payment stablecoin holders will generally be able to
                monetize their payment stablecoins, either through sales in the
                secondary market or through sales to direct customers of a permitted
                payment stablecoin issuer, should proposed part 15 include additional
                protections in the event that payment stablecoin holders are unable to
                monetize their payment stablecoins through these channels? For example,
                should proposed part 15 include an option for the OCC to require direct
                redemptions under certain conditions, such as if the OCC determines
                that the customers of a permitted payment stablecoin issuer are not
                adequately facilitating the monetization of the permitted payment
                stablecoin issuer's payment stablecoins?
                 Question 6: On April 8, 2026, the Federal Deposit Insurance
                Corporation (FDIC) published a proposed rule that, like the OCC's March
                2 proposed rule, would implement requirements and standards for
                permitted payment stablecoin issuers.\6\ The OCC invites comment on
                whether any elements of the FDIC's proposed rule should be included in
                proposed part 15 or other proposed requirements for OCC-regulated
                permitted payment stablecoin issuers. In particular, the OCC invites
                comments on whether any risk management requirements in the FDIC's
                proposed rule should be incorporated into the OCC requirements or
                whether any of the requirements in the OCC's March 2 proposed rule
                should be amended to align more closely with the FDIC's proposed rule
                (or vice versa).
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                 \6\ See https://www.fdic.gov/news/press-releases/2026/fdic-approves-proposal-implement-genius-act-requirements-and-standards.
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                [[Page 37844]]
                Revisions to 12 CFR Part 4
                 Question 7: The OCC invites comment on the two options for
                permitting greater information sharing with the FinCEN Director
                regarding AML/CFT enforcement actions or significant AML/CFT
                supervisory actions. In particular, would the disclosure of
                confidential supervisory information to FinCEN compromise attorney-
                client privilege, other applicable privileges, or otherwise undermine
                the preservation of privilege in 12 U.S.C. 1821(t)?
                Revisions to 12 CFR Part 19
                 Question 8: Should the OCC further refine or clarify any of the
                concepts or definitions outlined in this proposed supervision and
                enforcement framework? For example, should revocation of approval to
                issue a payment stablecoin, if based in whole or in part on AML/CFT
                deficiencies, be accounted for in, including in the definition of AML/
                CFT enforcement action?
                 Question 9: Should the proposed consultation process include an
                asset threshold--e.g., consultation is required for any significant
                AML/CFT supervisory actions involving permitted payment stablecoin
                issuers with $10 billion or more in assets? In addition, or as an
                alternative, should the proposed rule not require but instead provide
                the option for permitted payment stablecoin issuers to request that the
                OCC consult with FinCEN prior to initiating a significant AML/CFT
                supervisory action?
                 Question 10: Notwithstanding the benefits of the proposed
                consultation described above, the proposal may result in additional
                review during an examination. How can the consultation process be
                streamlined and prevent logistical burdens for financial institutions
                or delays in exam report issuance?
                III. Expected Effects
                A. Scope of Impacted Entities
                 The OCC recognizes significant uncertainty regarding the estimates
                of the number of OCC-supervised permitted payment stablecoin issuers
                under the proposed rule. In the March 2 proposed rule, the OCC stated
                that approximately 12 OCC-regulated banks would have permitted payment
                stablecoin issuer affiliate subsidiaries. Additionally, OCC estimates
                that approximately 12 currently non-OCC regulated financial
                institutions would become permitted payment stablecoin issuers under
                the proposed rule. This would include potential non-bank financial
                companies, non-financial companies, and already existing non-bank-
                financial-company payment stablecoin issuers that could apply to become
                payment stablecoin issuers. We also expect there will be additional
                permitted payment stablecoin issuers that issue stablecoins through
                partners in ``white-label issuers'' or issue stablecoins as part of a
                consortia of issuers. We estimate that there would be five white-label
                or consortium issuers that will become permitted payment stablecoin
                issuers, which could be OCC-bank affiliated permitted payment
                stablecoin issuer subsidiaries or non-bank affiliated permitted payment
                stablecoin issuers.
                 Therefore, we estimate that the proposal would affect approximately
                12 OCC regulated bank affiliates, 12 non-OCC-regulated-bank affiliated
                issuers and 5 ``white-label'' issuers or consortiums of issuers subject
                to OCC supervision as permitted payment stablecoin issuers, for a total
                of 29 permitted payment stablecoin issuers.
                B. Expected Impact and Costs
                 In the absence of the OCC's proposed rule, OCC-regulated permitted
                payment stablecoin issuers would still be required to comply with
                applicable FinCEN and OFAC regulations governing AML/CFT and sanctions
                requirements. Therefore, in our analysis, we assume an existing
                regulatory baseline in which FinCEN's and OFAC's regulations have
                already been accounted for. This avoids duplicative accounting of costs
                and savings from overlapping requirements between FinCEN's and OFAC's
                rules and the OCC's proposed rule, and, instead, we assess any
                incremental impacts from the OCC's requirements relative to FinCEN's
                and OFAC's rules.
                 The proposed OCC permitted payment stablecoin issuer AML/CFT and
                sanctions compliance requirements would merely codify that OCC-
                regulated permitted payment stablecoin issuers need to comply with the
                regulations issued by FinCEN and OFAC. Because the OCC's proposed
                permitted payment stablecoin issuer AML/CFT and sanctions compliance
                requirements only reference the requirements imposed by FinCEN and
                OFAC, we do not expect there to be a significant impact from the OCC's
                proposed rule beyond the impacts already accounted for in assessments
                conducted by FinCEN and OFAC. However, as noted earlier, three
                provisions go beyond the regulations issued by FinCEN and OFAC and
                could impact the OCC or OCC-supervised permitted payment stablecoin
                issuers.
                 The provisions in the proposed rule that go beyond the regulatory
                frameworks imposed by FinCEN and OFAC are sections that: (1) articulate
                the OCC's AML/CFT enforcement and supervision policy; (2) authorize
                permitted payment stablecoin issuers to share certain OCC non-public
                information with FinCEN; and (3) establish a notice and consultation
                framework between the OCC and FinCEN. We believe that the first two
                provisions impact OCC-supervised permitted payment stablecoin issuers
                while the last provision would only impact the OCC as the supervisory
                agency.
                 As described below, overall, we do not expect there to be net
                incremental costs or savings incurred for affected OCC-supervised
                institutions as a result of the OCC's concurrently issued proposed
                rule. Therefore, we expect that the incremental net impact associated
                with this proposed rule would be $0 on OCC-supervised institutions.
                However, as noted below, there is one provision in the proposed rule
                that goes beyond FinCEN's proposed rulemaking and would impact the OCC.
                1. Clarification of AML/CFT Enforcement and Supervision Policy
                 As described earlier, the proposed new Subpart R of 12 CFR part 19
                would define key terms and describe the OCC's enforcement and
                supervision policy with respect to AML/CFT program implementation
                failures. As this language merely describes the OCC's intended
                enforcement and supervision policy for permitted payment stablecoin
                issuers with respect to AML/CFT programs, we do not expect it to impose
                any additional burden.
                2. Information Sharing
                 As described earlier, the proposed changes to 12 CFR part 4 would
                clarify that permitted payment stablecoin issuers may share information
                with the FinCEN Director that relates to existing or potential AML/CFT
                enforcement actions or significant AML/CFT supervisory actions. Since
                the provision is not a mandate to share information, we believe that
                the provision does not impose any costs to permitted payment stablecoin
                issuers. There would be some costs incurred by the permitted payment
                stablecoin issuers in sharing such information. However, the provision
                relies on a voluntary act by the permitted payment stablecoin issuers
                and is not mandated. Permitted payment stablecoin issuers would
                volunteer this information if they believed it was to their benefit to
                do so. As such, we do not believe that this provision would alter
                behaviors nor
                [[Page 37845]]
                yield any net incremental costs or savings.
                3. Consultative Process
                 The proposed rule includes a provision that articulates a
                consultative process with FinCEN prior to the issuance of AML/CFT
                enforcement or supervisory actions. Requiring the OCC to provide FinCEN
                with an opportunity to review and provide input on an enforcement or
                significant AML/CFT supervisory action prior to its issuance would
                require ongoing interagency coordination until deliberations were
                completed. Based on internal discussions, we believe this may involve a
                designated AML/CFT liaison for coordination, as many as two lawyers,
                and numerous examination staff across OCC supervision that were
                involved in identifying the AML/CFT program deficiencies that warranted
                enforcement or supervisory action. We do not expect the proposed rule's
                coordination requirement to result in full-time efforts of these staff,
                but rather, part time. The extent of the annual labor hours by OCC
                staff also would likely vary from year to year, depending on the volume
                and complexity of AML/CFT program deficiencies warranting supervisory
                action that are discovered in a given year and depending on the size
                and complexity of the institutions involved. As such, we estimate an
                upper bound annual estimate in the hundreds of thousands of dollars for
                this proposed rule.
                C. Benefits
                 In terms of societal impacts, money laundering and terrorist
                financing activities are often tied to other illicit activities, such
                as, but not limited to fraud, drug trafficking, weapons proliferation,
                human trafficking, and terrorism. Furthermore, the magnitude of illicit
                financial activities in the United States is massive, with recent
                estimates suggesting an annual financial impact of between billions and
                trillions of dollars and an impact reach of millions of Americans.
                Compliance with the GENIUS Act's illicit finance provisions, including
                its BSA and sanctions requirements, would reinforce core AML/CFT and
                sanctions compliance standards. This is particularly important as the
                financial system integrates innovative payment technologies, while also
                reducing risks from sanctioned entities and criminal activity enabled
                by the current fragmented digital asset regulatory environment. As
                such, any change in money laundering, sanctions evasion, or terrorist
                financing activities would impact society.
                 The proposed rule would also clarify the OCC's expectations for
                AML/CFT programs and how it would address compliance deficiencies.
                Overall, the rule supports the GENIUS Act's goal of ensuring payment
                stablecoins are issued under strong federal oversight and aligns with
                proposed Treasury regulations on BSA and sanctions compliance for
                permitted payment stablecoin issuers.
                 Because the OCC's proposed requirements significantly overlap with
                those in the regulations issued by FinCEN and OFAC, these benefits are
                already accounted for in FinCEN and OFAC's assessment and we do not
                assess a significant incremental benefit from the OCC's proposed rule.
                IV. Regulatory Analysis
                A. Paperwork Reduction Act
                 This notice of proposed rulemaking has been reviewed for compliance
                with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
                seq.). In accordance with the PRA, the OCC may not conduct or sponsor,
                and an organization is not required to respond to, an information
                collection unless the information collection displays a currently valid
                Office of Management and Budget (OMB) control number. The OCC has
                reviewed the notice of proposed rulemaking and determined that it would
                not create any collection of information under the PRA. Accordingly, no
                PRA submissions to OMB will be made with respect to this proposed rule.
                B. Regulatory Flexibility Act
                 The Regulatory Flexibility Act (RFA),\7\ requires an agency to
                consider the impact of its proposed rules on small entities (defined by
                the U.S. Small Business Administration (SBA) for purposes of the RFA to
                include commercial banks and savings institutions with total assets of
                $850 million or less and trust companies with total assets of $47
                million or less). In connection with a proposed rule, the RFA generally
                requires an agency to prepare an Initial Regulatory Flexibility
                Analysis (IRFA) describing the impact of the rule on small entities,
                unless the head of the agency certifies that the proposed rule will not
                have a significant economic impact on a substantial number of small
                entities and publishes such certification along with a statement
                providing the factual basis for such certification in the Federal
                Register. An IRFA must contain: (1) a description of the reasons why
                action by the agency is being considered; (2) a succinct statement of
                the objectives of, and legal basis for, the proposed rule; (3) a
                description of and, where feasible, an estimate of the number of small
                entities to which the proposed rule will apply; (4) a description of
                the projected reporting, recordkeeping, and other compliance
                requirements of the proposed rule, including an estimate of the classes
                of small entities that will be subject to the requirements and the type
                of professional skills necessary for preparation of the report or
                record; (5) an identification, to the extent practicable, of all
                relevant Federal rules that may duplicate, overlap with, or conflict
                with the proposed rule; and (6) a description of any significant
                alternatives to the proposed rule that accomplish its stated
                objectives.
                ---------------------------------------------------------------------------
                 \7\ 5 U.S.C. 601 et seq.
                ---------------------------------------------------------------------------
                 The OCC currently supervises 997 institutions (national banks,
                Federal savings associations, and branches or agencies of foreign
                banks),\8\ of which approximately 609 are small entities under the
                RFA.\9\
                ---------------------------------------------------------------------------
                 \8\ Based on data accessed using the OCC's Financial
                Institutions Data Retrieval System on February 20, 2026.
                 \9\ The OCC bases its estimate of the number of small entities
                on the Small Business Administration's size thresholds for
                commercial banks and savings institutions, and trust companies,
                which are $850 million and $47 million, respectively. Consistent
                with the General Principles of Affiliation, 13 CFR 121.103(a), the
                OCC counted the assets of affiliated financial institutions when
                determining if it should classify an OCC-supervised institution as a
                small entity. The OCC used average quarterly assets in 2024 to
                determine size because a ``financial institution's assets are
                determined by averaging the assets reported on its four quarterly
                financial statements for the preceding year.'' See footnote 8 of the
                U.S. Small Business Administration's Table of Size Standards.
                ---------------------------------------------------------------------------
                 In general, the OCC classifies the economic impact on an individual
                small entity as significant if the total estimated impact in one year
                is greater than 5 percent of the small entity's total annual salaries
                and benefits or greater than 2.5 percent of the small entity's total
                non-interest expense. Furthermore, the OCC considers 5 percent or more
                of OCC-supervised small entities to be a substantial number, and at
                present, 30 OCC-supervised small entities would constitute a
                substantial number.
                 Given the nature of the proposed rule and the proposed rule's
                reference to regulations imposed by FinCEN and OFAC, the OCC
                anticipates that this rule will result in a $0 impact on OCC-supervised
                institutions. Therefore, at this time, the OCC does not expect that the
                proposed rule would have a significant impact on a substantial number
                of small entities under the RFA.
                [[Page 37846]]
                C. OCC Unfunded Mandates Reform Act
                 The OCC has analyzed the proposed rule under the factors in the
                Unfunded Mandates Reform Act of 1995 (UMRA).\10\ Under this analysis,
                the OCC considered whether the proposed rule includes a Federal mandate
                that may result in the expenditure by State, local, and tribal
                governments, in the aggregate, or by the private sector, of $100
                million or more in any one year ($193 million as adjusted annually for
                inflation). Pursuant to section 202 of the UMRA,\11\ if a proposed rule
                meets this UMRA threshold, the OCC would need to prepare a written
                statement that includes, among other things, a cost-benefit analysis of
                the proposal. The UMRA does not apply to regulations that incorporate
                requirements specifically set forth in law.
                ---------------------------------------------------------------------------
                 \10\ 2 U.S.C. 1531 et seq.
                 \11\ 2 U.S.C. 1532.
                ---------------------------------------------------------------------------
                 The OCC has determined that the proposed rule would not result in
                an expenditure of $193 million or more annually by State, local, and
                tribal governments, or by the private sector. Therefore, the OCC finds
                that the proposed rule does not trigger the UMRA cost threshold.
                Accordingly, the OCC has not prepared the written statement described
                in section 202 of the UMRA.
                D. Riegle Community Development and Regulatory Improvement Act of 1994
                 Pursuant to section 302(a) of the Riegle Community Development and
                Regulatory Improvement Act of 1994, 12 U.S.C. 4802(a), in determining
                the effective date and administrative compliance requirements for new
                regulations that impose additional reporting, disclosure, or other
                requirements on insured depository institutions, the agencies will
                consider, consistent with principles of safety and soundness and the
                public interest: (1) any administrative burdens that the proposed rule
                would place on depository institutions, including small depository
                institutions and customers of depository institutions; and (2) the
                benefits of the proposed rule. The OCC requests comment on any
                administrative burdens that the proposed rule would place on depository
                institutions, including small depository institutions, and their
                customers, and the benefits of the proposed rule that the agencies
                should consider in determining the effective date and administrative
                compliance requirements for a final rule.
                E. Providing Accountability Through Transparency Act of 2023
                 The Providing Accountability Through Transparency Act of 2023, 5
                U.S.C. 553(b)(4), requires that a notice of proposed rulemaking include
                the internet address of a summary of not more than 100 words in length
                of a proposed rule, in plain language, that shall be posted on the
                internet website www.regulations.gov.
                 The OCC, in coordination with FinCEN and OFAC, proposes to issue
                regulations to implement the Guiding and Establishing National
                Innovation for U.S. Stablecoins Act's requirement to issue regulations
                implementing appropriate BSA and sanctions compliance standards for
                permitted payment stablecoin issuers subject to the OCC's jurisdiction.
                The proposal and the required summary can be found at https://www.regulations.gov by searching for Docket ID OCC-2026-0463 and
                https://occ.gov/topics/laws-and-regulations/occ-regulations/proposed-issuances/index-proposed-issuances.html.
                F. Executive Order 12866
                 Executive Order 12866, titled ``Regulatory Planning and Review''
                requires the Office of Information and Regulatory Affairs (OIRA),
                Office of Management and Budget to determine whether a proposed rule is
                a ``significant regulatory action'' prior to the disclosure of the
                proposed rule to the public. If OIRA finds the proposed rule to be a
                ``significant regulatory action,'' Executive Order 12866 requires the
                OCC to conduct a cost-benefit analysis of the proposed rule and for
                OIRA to conduct a review of the proposed rule prior to publication in
                the Federal Register. Executive Order 12866 defines ``significant
                regulatory action'' to mean a regulatory action that is likely to (1)
                have an annual effect on the economy of $100 million or more or
                adversely affect in a material way the economy, a sector of the
                economy, productivity, competition, jobs, the environment, public
                health or safety, or State, local, or tribal governments or
                communities; (2) create a serious inconsistency or otherwise interfere
                with an action taken or planned by another agency; (3) materially alter
                the budgetary impact of entitlements, grants, user fees, or loan
                programs or the rights and obligations of recipients thereof; or (4)
                raise novel legal or policy issues arising out of legal mandates, the
                President's priorities, or the principles set forth in Executive Order
                12866.
                 OIRA has determined that this proposed rule is a significant
                regulatory action under Section 3(f) of Executive Order 12866 and,
                therefore, is subject to review under Executive Order 12866.
                G. Executive Order 14192
                 Executive Order 14192, titled ``Unleashing Prosperity Through
                Deregulation,'' requires that an agency, unless prohibited by law,
                identify at least ten existing regulations to be repealed when the
                agency publicly proposes for notice and comment or otherwise
                promulgates a new regulation with total costs greater than zero. E.O.
                14192 further requires that new incremental costs associated with new
                regulations shall, to the extent permitted by law, be offset by the
                elimination of existing costs associated with at least ten prior
                regulations. This rule is not an E.O. 14192 regulatory action because
                it is does not impose any more than de minimis regulatory costs.
                List of Subjects
                12 CFR Part 4
                 Administrative practice and procedure, Freedom of information,
                Individuals with disabilities, Minority businesses, Organization and
                functions (Government agencies), Reporting and recordkeeping
                requirements, Women.
                12 CFR Part 15
                 Federal qualified payment stablecoin issuer, Federal savings
                association, Foreign payment stablecoin issuer, National bank, Non-bank
                entity, Permitted payment stablecoin issuer, State qualified payment
                stablecoin issuer.
                12 CFR Part 19
                 Administrative practice and procedure, Crime, Equal access to
                justice, Federal savings associations, Investigations, National banks,
                Penalties, Securities.
                Authority and Issuance
                 For the reasons set out in the preamble, the OCC proposes to amend
                12 CFR chapter I as follows:
                PART 4--ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF
                INFORMATION, CONTRACTING OUTREACH PROGRAM, POST-EMPLOYMENT
                RESTRICTIONS FOR SENIOR EXAMINERS
                0
                1. The authority citation for part 4 continues to read as follows:
                 Authority: 5 U.S.C. 301, 552; 12 U.S.C. 1, 93a, 161, 481, 482,
                484(a), 1442, 1462a, 1463, 1464, 1817(a), 1818, 1820, 1821, 1831m,
                1831p-1, 1831o, 1833e, 1867, 1951 et seq., 2601 et seq., 2801 et
                seq., 2901 et seq., 3101
                [[Page 37847]]
                et seq., 3401 et seq., 5321, 5412, 5414; 15 U.S.C. 77uu(b),
                78q(c)(3); 18 U.S.C. 641, 1905, 1906; 29 U.S.C. 1204; 31 U.S.C.
                5318(g)(2), 9701; 42 U.S.C. 3601; 44 U.S.C. 3506, 3510; E.O. 12600
                (3 CFR, 1987 Comp., p. 235).
                0
                2. Add Sec. 4.19 to read as follows:
                Sec. 4.19 Disclosure of supervisory information to FinCEN regarding
                permitted payment stablecoin issuers.
                 (a) Definitions. For purposes of this section:
                 (1) AML/CFT enforcement action means any formal or informal action
                taken under authority of the GENIUS Act (12 U.S.C. 5901 et seq.), or
                other applicable law, that seeks to penalize, remedy, prevent, or
                respond to noncompliance with past or ongoing violations of, or past or
                ongoing deficiencies relating to, an AML/CFT requirement applicable to
                a permitted payment stablecoin issuer. The term includes--
                 (i) A cease-and-desist order, written agreement, consent order, or
                memorandum of understanding; or
                 (ii) The assessment of a civil money penalty.
                 (2) AML/CFT requirement means:
                 (i) A requirement of the Bank Secrecy Act or the implementing
                regulations at 31 CFR chapter X applicable to a permitted payment
                stablecoin issuer; or
                 (ii) A requirement of 12 U.S.C. 5903(a)(5)(A)(i)-(v), 12 U.S.C.
                5903(a)(6)(B), or 12 U.S.C. 5903(f)(1).
                 (3) Bank Secrecy Act means:
                 (i) Section 21 of the Federal Deposit Insurance Act (12 U.S.C.
                1829b);
                 (ii) Chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et
                seq.); and
                 (iii) Subchapter II of chapter 35 of title 31, United States Code
                and notes thereto (31 U.S.C. 5311 et seq.).
                 (4) Permitted payment stablecoin issuer has the meaning given that
                term in 12 CFR part 15.
                 (5) Significant AML/CFT supervisory action means any written
                communication or other formal supervisory determination that--
                 (i) Identifies one or more alleged deficiencies, weaknesses,
                violations of law, or unsafe or unsound practices or conditions
                relating to an AML/CFT requirement;
                 (ii) Communicates supervisory expectations to a permitted payment
                stablecoin issuer regarding actions or remedial measures required to
                correct the deficiency, weakness, violation, or practice or condition;
                and
                 (iii) Contemplates significant or programmatic actions or remedial
                measures to be taken by the permitted payment stablecoin issuer.
                 The term does not include examiner observations, suggestions, or
                other informal comments.
                 (b) Disclosure of supervisory information to FinCEN.
                [Option 1 for Paragraph (b)(1):]
                 (1) Notwithstanding the other requirements of this part, the OCC
                permits a permitted payment stablecoin issuer, on behalf of OCC, to
                disclose to the FinCEN Director, and permits the FinCEN Director to
                use, any information relating to an existing or potential AML/CFT
                enforcement action or significant AML/CFT supervisory action to which
                the permitted payment stablecoin issuer has access.
                [Option 2 for Paragraph (b)(1):]
                 (1) Notwithstanding the other requirements of this part, the OCC
                permits a permitted payment stablecoin issuer, on behalf of the OCC, to
                disclose to the FinCEN Director, and permits the FinCEN Director to
                use, any information relating to an existing or potential AML/CFT
                enforcement action or significant AML/CFT supervisory action to which
                the permitted payment stablecoin issuer has access upon the
                contemporaneous disclosure of such information to the OCC.
                 (2) A permitted payment stablecoin issuer's disclosure of
                information to the FinCEN Director under paragraph (b)(1) of this
                section does not waive, invalidate, destroy, or otherwise affect any
                privilege or protection available under Federal or State law, including
                the attorney-client privilege, the work-product doctrine, the bank-
                examination privilege, or any other confidentiality or evidentiary
                privilege.
                 (3) Any disclosure made by a permitted payment stablecoin issuer
                under paragraph (b)(1) of this section is made on behalf of the OCC
                pursuant to the OCC's authorization under 12 U.S.C. 1821(t).
                PART 15--PAYMENT STABLECOINS
                0
                3. The authority citation for part 15, as proposed to be added at 91 FR
                10202 (March 2, 2026), continues to read as follows:
                 Authority: 12 U.S.C. 1, 24, 27, 92a, 93a, 161, 1461, 1462a,
                1463, 1464, 1467a, 1818, 3101 through 3109, 5412, 5901 through 5916.
                0
                4. In Sec. 15.13, as proposed to be added at 91 FR 10202 (March 2,
                2026), add paragraph (c) to read as follows:
                * * * * *
                 (c) AML/CFT and sanctions compliance. To ensure compliance with
                Bank Secrecy Act and sanctions requirements, each permitted payment
                stablecoin issuer must comply with the Bank Secrecy Act, sections
                4(a)(5) and 4(a)(6)(B) of the GENIUS Act (12 U.S.C. 5901 et seq.), and
                applicable regulations at 31 CFR chapters V and X, including any AML/
                CFT program, sanctions program, and reporting requirements.
                PART 19--RULES OF PRACTICE AND PROCEDURE
                0
                5. The authority citation for part 19 is revised to read as follows:
                 Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93, 93a, 161, 164,
                481, 504, 1462a, 1463(a), 1464; 1467(d), 1467a(r), 1817(j), 1818,
                1820, 1831m, 1831o, 1832, 1884, 1972, 3102, 3108, 3110, 3349, 3909,
                4717, 5412(b)(2)(B), and 5913; 15 U.S.C. 78l, 78o-4, 78o5, 78q-1,
                78s, 78u, 78u-2, 78u-3, 78w, and 1639e; 28 U.S.C. 2461; 31 U.S.C.
                330 and 5321; and 42 U.S.C. 4012a.
                0
                6. Add subpart R, consisting of Sec. Sec. 19.260 through 19.262, to
                part 19 to read as follows:
                Subpart R--Certain Actions Involving Permitted Payment Stablecoin
                Issuers
                Sec.
                19.260 Definitions.
                19.261 FinCEN consultation.
                19.262 Enforcement and supervision policy.
                Sec. 19.260 Definitions.
                 For purposes of this subpart:
                 (a) AML/CFT enforcement action means any formal or informal action
                taken under authority of, the GENIUS Act (12 U.S.C. 5901 et seq.), or
                other applicable law, that seeks to penalize, remedy, prevent, or
                respond to noncompliance with past or ongoing violations of, or past or
                ongoing deficiencies relating to, an AML/CFT requirement applicable to
                a permitted payment stablecoin issuer. The term includes--
                 (i) A cease-and-desist order, written agreement, consent order, or
                memorandum of understanding; or
                 (ii) The assessment of a civil money penalty.
                 (b) AML/CFT requirement means:
                 (i) A requirement of the Bank Secrecy Act or the implementing
                regulations at 31 CFR chapter X applicable to a permitted payment
                stablecoin issuer; or
                 (ii) A requirement of 12 U.S.C. 5903(a)(5)(A)(i)-(v), 12 U.S.C.
                5903(a)(6)(B), or 12 U.S.C. 5903(f)(1).
                 (c) Bank Secrecy Act means:
                 (i) Section 21 of the Federal Deposit Insurance Act (12 U.S.C.
                1829b);
                 (ii) Chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et
                seq.); and
                 (iii) Subchapter II of chapter 35 of title 31, United States Code
                and notes thereto (31 U.S.C. 5311 et seq.).
                 (d) Permitted payment stablecoin issuer has the meaning given that
                term in 12 CFR part 15.
                [[Page 37848]]
                 (e) Significant AML/CFT supervisory action means any written
                communication or other formal supervisory determination that--
                 (i) Identifies one or more alleged deficiencies, weaknesses,
                violations of law, or unsafe or unsound practices or conditions
                relating to an AML/CFT requirement;
                 (ii) Communicates supervisory expectations to a permitted payment
                stablecoin issuer regarding actions or remedial measures required to
                correct the deficiency, weakness, violation, or practice or condition;
                and
                 (iii) Contemplates significant or programmatic actions or remedial
                measures to be taken by the permitted payment stablecoin issuer.
                 The term does not include examiner observations, suggestions, or
                other informal comments.
                Sec. 19.261 FinCEN consultation.
                 (a) Consultation and consideration requirement. Before initiating
                an AML/CFT enforcement action or a significant AML/CFT supervisory
                action against a permitted payment stablecoin issuer, the OCC will
                provide the FinCEN Director an opportunity to review the action and
                consider any input offered by the FinCEN Director on the action, which
                may include any view as to the effectiveness of the permitted payment
                stablecoin issuer's AML/CFT program.
                 (b) Notice requirement. To provide the FinCEN Director an
                opportunity to provide a view under paragraph (a)(1) of this section,
                the OCC will:
                 (i) Send written notice to the FinCEN Director of its intent to
                take that action at least 30 days before taking the action (unless a
                shorter period of time is necessary, in the sole discretion of the
                Comptroller of the Currency, to remedy, prevent, or respond to an
                unsafe or unsound practice or condition), accompanied by the relevant
                AML/CFT information underlying the proposed action, including the
                relevant portions of the draft report or enforcement action, the
                relevant examination workpapers supporting the proposed action, and the
                relevant AML/CFT information submitted by the permitted payment
                stablecoin issuer to the OCC, other than information over which the
                permitted payment stablecoin issuer may claim privilege under Federal
                or State law; and
                 (ii) Respond to the extent reasonably practicable to requests for
                additional information from the FinCEN Director regarding the proposed
                action.
                Sec. 19.262 Enforcement and supervision policy.
                 (a) In general. Except with respect to a significant or systemic
                failure to implement an effective AML/CFT program in accordance with
                applicable regulations at 31 CFR chapter X, a permitted payment
                stablecoin issuer that has established an effective AML/CFT program in
                accordance with applicable regulations at 31 CFR Chapter X will not be
                subject to an AML/CFT enforcement action or to a significant AML/CFT
                supervisory action.
                 (b) Program establishment violations. Nothing in this section may
                be construed to restrict an AML/CFT enforcement action or a significant
                AML/CFT supervisory action with respect to any failure to establish an
                effective AML/CFT program.
                 (c) Criminal Enforcement Unaffected. Nothing in this subpart may be
                construed to affect criminal enforcement under applicable law.
                Jonathan V. Gould,
                Comptroller of the Currency.
                [FR Doc. 2026-12692 Filed 6-23-26; 8:45 am]
                BILLING CODE 4810-33-P
                

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