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September 16, 2022

FACT SHEET: WHITE HOUSE RELEASES FIRST-EVER COMPREHENSIVE FRAMEWORK FOR
RESPONSIBLE DEVELOPMENT OF DIGITAL ASSETS

1. Home
2. Briefing Room
3. Statements and Releases

Following the President’s Executive Order, New Reports Outline Recommendations
to Protect Consumers, Investors, Businesses, Financial Stability, National
Security, and the Environment

The digital assets market has grown significantly in recent years. Millions of
people globally, including 16% of adult Americans, have purchased digital
assets—which reached a market capitalization of $3 trillion globally last
November. Digital assets present potential opportunities to reinforce U.S.
leadership in the global financial system and remain at the technological
frontier. But they also pose real risks as evidenced by recent events in crypto
markets. The May crash of a so-called stablecoin and the subsequent wave of
insolvencies wiped out over $600 billion of investor and consumer funds.

President Biden’s March 9 Executive Order (EO) on Ensuring Responsible
Development of Digital Assets outlined the first whole-of-government approach to
addressing the risks and harnessing the potential benefits of digital assets and
their underlying technology. Over the past six months, agencies across the
government have worked together to develop frameworks and policy recommendations
that advance the six key priorities identified in the EO: consumer and investor
protection; promoting financial stability; countering illicit finance; U.S.
leadership in the global financial system and economic competitiveness;
financial inclusion; and responsible innovation.

The nine reports submitted to the President to date, consistent with the EO’s
deadlines, reflect the input and expertise of diverse stakeholders across
government, industry, academia, and civil society. Together, they articulate a
clear framework for responsible digital asset development and pave the way for
further action at home and abroad. The reports call on agencies to promote
innovation by kickstarting private-sector research and development and helping
cutting-edge U.S. firms find footholds in global markets. At the same time, they
call for measures to mitigate the downside risks, like increased enforcement of
existing laws and the creation of commonsense efficiency standards for
cryptocurrency mining. Recognizing the potential benefits and risks of a U.S.
Central Bank Digital Currency (CBDC), the reports encourage the Federal Reserve
to continue its ongoing CBDC research, experimentation, and evaluation and call
for the creation of a Treasury-led interagency working group to support the
Federal Reserve’s efforts.

Protecting Consumers, Investors, and Businesses

Digital assets pose meaningful risks for consumers, investors, and businesses.
Prices of these assets can be highly volatile: the current global market
capitalization of cryptocurrencies is approximately one-third of its November
2021 peak. Still sellers commonly mislead consumers about digital assets’
features and expected returns, and non-compliance with applicable laws and
regulations remains widespread. One study found that almost a quarter of digital
coin offerings had disclosure or transparency problems—like plagiarized
documents or false promises of guaranteed returns. Outright fraud, scams, and
theft in digital asset markets are on the rise: according to FBI statistics,
reported monetary losses from digital asset scams were nearly 600 percent higher
in 2021 than the year before.

Since taking office, the Biden-Harris Administration and independent regulators
have worked to protect consumers and ensure fair play in digital assets markets
by issuing guidance, increasing enforcement resources, and aggressively pursuing
fraudulent actors. As outlined in the reports released today, the Administration
plans to take the following additional steps:

* The reports encourage regulators like the Securities and Exchange Commission
(SEC) and Commodity Futures Trading Commission (CFTC), consistent with their
mandates, to aggressively pursue investigations and enforcement actions
against unlawful practices in the digital assets space.

* The reports encourage Consumer Financial Protection Bureau (CFPB) and Federal
Trade Commission (FTC), as appropriate, to redouble their efforts to monitor
consumer complaints and to enforce against unfair, deceptive, or abusive
practices.

* The reports encourage agencies to issue guidance and rules to address current
and emergent risks in the digital asset ecosystem. Regulatory and law
enforcement agencies are also urged to collaborate to address acute digital
assets risks facing consumers, investors, and businesses. In addition,
agencies are encouraged to share data on consumer complaints regarding
digital assets—ensuring each agency’s activities are maximally effective.

* The Financial Literacy Education Commission (FLEC) will lead public-awareness
efforts to help consumers understand the risks involved with digital assets,
identify common fraudulent practices, and learn how to report misconduct.

Promoting Access to Safe, Affordable Financial Services

Today, traditional finance leaves too many behind. Roughly 7 million Americans
have no bank account. Another 24 million rely on costly nonbank services, like
check cashing and money orders, for everyday needs. And for those who do use
banks, paying with traditional financial infrastructure can be costly and
slow—particularly for cross-border payments.

The digital economy should work for all Americans. That means developing
financial services that are secure, reliable, affordable, and accessible to all.
To make payments more efficient, the Federal Reserve has planned the 2023 launch
of FedNow—an instantaneous, 24/7 interbank clearing system that will further
advance nationwide infrastructure for instant payments alongside The
Clearinghouse’s Real Time Payments system. Some digital assets could help
facilitate faster payments and make financial services more accessible, but more
work is needed to ensure they truly benefit underserved consumers and do not
lead to predatory financial practices.

To promote safe and affordable financial services for all, the Administration
plans to take the following steps:

* Agencies will encourage the adoption of instant payment systems, like FedNow,
by supporting the development and use of innovative technologies by payment
providers to increase access to instant payments, and using instant payment
systems for their own transactions where appropriate – for example, in the
context of distribution of disaster, emergency or other
government-to-consumer payments.

* The President will also consider agency recommendations to create a federal
framework to regulate nonbank payment providers.

* Agencies will prioritize efforts to improve the efficiency of cross-border
payments by working to align global payments practices, regulations, and
supervision protocols, while exploring new multilateral platforms that
integrate instant payment systems.

* The National Science Foundation (NSF) will back research in technical and
socio-technical disciplines and behavioral economics to ensure that digital
asset ecosystems are designed to be usable, inclusive, equitable, and
accessible by all.

Fostering Financial Stability

Digital assets and the mainstream financial system are becoming increasingly
intertwined, creating channels for turmoil to have spillover effects.
Stablecoins, in particular, could create disruptive runs if not paired with
appropriate regulation. The potential for instability was illustrated in May
2022 by the crash of the so-called stablecoin TerraUSD and the subsequent wave
of insolvencies that erased nearly $600 billion in wealth. In October, the
Financial Stability Oversight Council (FSOC) will publish a report discussing
digital assets’ financial-stability risks, identifying related regulatory gaps,
and making additional recommendations to foster financial stability.

The Biden-Harris Administration has long recognized the need for regulation to
address digital assets’ stability risks. For example, in 2021, the President’s
Working Group on Financial Markets recommended steps for Congress and regulators
to make stablecoins safer. Building on this work, the Administration plans to
take the additional following steps:

* The Treasury will work with financial institutions to bolster their capacity
to identify and mitigate cyber vulnerabilities by sharing information and
promoting a wide range of data sets and analytical tools.

* The Treasury will work with other agencies to identify, track, and analyze
emerging strategic risks that relate to digital asset markets. It will also
collaborate on identifying such risks with U.S. allies, including through
international organizations like the Organization for Economic Co-operation
and Development (OECD) and the Financial Stability Board (FSB).

Advancing Responsible Innovation

U.S. companies lead the world in innovation. Digital asset firms are no
exception. As of 2022, the United States is home to roughly half of the world’s
100 most valuable financial technology companies, many of which trade in digital
asset services.

The U.S. government has long played a critical role in priming responsible
private-sector innovation. It sponsors cutting-edge research, helps firms
compete globally, assists them with compliance, and works with them to mitigate
harmful side-effects of technological advancement.

In keeping with this tradition, the Administration plans to take the following
steps to foster responsible digital asset innovation:

* The Office of Science and Technology Policy (OSTP) and NSF will develop a
Digital Assets Research and Development Agenda to kickstart fundamental
research on topics such as next-generation cryptography, transaction
programmability, cybersecurity and privacy protections, and ways to mitigate
the environmental impacts of digital assets. It will also continue to support
research that translates technological breakthroughs into market-ready
products. Additionally, NSF will back social-sciences and education research
that develops methods of informing, educating, and training diverse groups of
stakeholders on safe and responsible digital asset use.

* The Treasury and financial regulators are encouraged to, as appropriate,
provide innovative U.S. firms developing new financial technologies with
regulatory guidance, best-practices sharing, and technical assistance through
things like tech sprints and Innovation Hours.

* The Department of Energy, the Environmental Protection Agency, and other
agencies will consider further tracking digital assets’ environmental
impacts; developing performance standards as appropriate; and providing local
authorities with the tools, resources, and expertise to mitigate
environmental harms. Powering crypto-assets can take a large amount of
electricity—which can emit greenhouse gases, strain electricity grids, and
harm some local communities with noise and water pollution. Opportunities
exist to align the development of digital assets with transitioning to a
net-zero emissions economy and improving environmental justice.

* The Department of Commerce will examine establishing a standing forum to
convene federal agencies, industry, academics, and civil society to exchange
knowledge and ideas that could inform federal regulation, standards,
coordinating activities, technical assistance, and research support.

Reinforcing Our Global Financial Leadership and Competitiveness

Today, global standard-setting bodies are establishing policies, guidance, and
regulatory recommendations for digital assets. The United States is working
actively with its partners to set out these policies in line with our goals and
values, while also reinforcing the United States’ role in the global financial
system. Similarly, the United States has a valuable opportunity to partner with
countries still developing their digital assets ecosystems, helping to ensure
that countries’ financial, legal, and technological infrastructures respect core
values including data privacy, financial stability, and human rights.

To reinforce U.S. financial leadership and uphold U.S. values in global digital
asset markets, the Administration will take the following steps outlined in the
framework for international engagement released by the Treasury Department
earlier this summer:

* U.S. agencies will leverage U.S. positions in international organizations to
message U.S. values related to digital assets. U.S. agencies will also
continue and expand their leadership roles on digital assets work at
international organizations and standard-setting bodies—such as the G7, G20,
OECD, FSB, Financial Action Task Force (FATF), and the International
Organization for Standardization. Agencies will promote standards,
regulations, and frameworks that reflect values like data privacy, free and
efficient markets, financial stability, consumer protection, robust law
enforcement, and environmental sustainability.

* The State Department, the Department of Justice (DOJ), and other U.S.
enforcement agencies will increase collaboration with—and assistance
to—partner agencies in foreign countries through global enforcement bodies
like the Egmont Group, bilateral information sharing, and capacity building.

* The State Department, Treasury, USAID, and other agencies will explore
further technical assistance to developing countries building out digital
asset infrastructure and services. As appropriate, this assistance may
include technical assistance on legal and regulatory frameworks,
evidence-gathering and knowledge-sharing on the impacts, risks, and
opportunities of digital assets.

* The Department of Commerce will help cutting-edge U.S. financial technology
and digital asset firms find a foothold in global markets for their products.

Fighting Illicit Finance

The United States has been a leader in applying its anti-money laundering and
countering the financing of terrorism (AML/CFT) framework in the digital asset
ecosystem. It has published relevant guidance, engaged in regular public-private
dialogue, used its enforcement tools, and led in setting international AML/CFT
standards. While our efforts have strengthened the U.S. financial system,
digital assets— some of which are pseudonymous and can be transferred without a
financial intermediary —have been exploited by bad actors to launder illicit
proceeds, to finance terrorism and the proliferation of weapons of mass
destruction, and to conduct a wide array of other crimes. For example, digital
assets have facilitated the rise of ransomware cybercriminals; narcotics sales
and money laundering for drug trafficking organizations; and the funding of
activities of rogue regimes, as was the case in the recent thefts by the
Democratic People’s Republic of Korea (DPRK)- affiliated Lazarus Group.

It is in the national interest to mitigate these risks through regulation,
oversight, law enforcement action, and the use of other United States Government
authorities. To fight the illicit use of digital assets more effectively, the
Administration plans to take the following steps:

* The President will evaluate whether to call upon Congress to amend the Bank
Secrecy Act (BSA), anti-tip-off statutes, and laws against unlicensed money
transmitting to apply explicitly to digital asset service providers—including
digital asset exchanges and nonfungible token (NFT) platforms. He will also
consider urging Congress to raise the penalties for unlicensed money
transmitting to match the penalties for similar crimes under other
money-laundering statutes and to amend relevant federal statutes to let the
Department of Justice prosecute digital asset crimes in any jurisdiction
where a victim of those crimes is found.

* The United States will continue to monitor the development of the digital
assets sector and its associated illicit financing risks, to identify any
gaps in our legal, regulatory, and supervisory regimes. As part of this
effort, Treasury will complete an illicit finance risk assessment on
decentralized finance by the end of February 2023 and an assessment on
non-fungible tokens by July 2023.

* Relevant departments and agencies will continue to expose and disrupt illicit
actors and address the abuse of digital assets. Such actions will hold
cybercriminals and other malign actors responsible for their illicit activity
and identify nodes in the ecosystem that pose national security risks.

* Treasury will enhance dialogue with the private sector to ensure that firms
understand existing obligations and illicit financing risks associated with
digital assets, share information, and encourage the use of emerging
technologies to comply with obligations. This will be supported by a Request
for Comment published to the Federal Register for input on several items
related to AML/CFT.

Informing the above recommendations, the Treasury, DOJ/FBI, DHS, and NSF drafted
risk assessments to provide the Administration with a comprehensive view of
digital assets’ illicit-finance risks. The CFPB, an independent agency, also
voluntarily provided information to the Administration as to risks arising from
digital assets. The risks that agencies highlight include, but are not limited
to, money laundering; terrorist financing; hacks that result in losses of funds;
and fragilities, common practices, and fast-changing technology that may present
vulnerabilities for misuse.

Exploring a U.S. Central Bank Digital Currency (CBDC)

A U.S. CBDC – a digital form of the U.S. dollar – has the potential to offer
significant benefits. It could enable a payment system that is more efficient,
provides a foundation for further technological innovation, facilitates faster
cross-border transactions, and is environmentally sustainable. It could promote
financial inclusion and equity by enabling access for a broad set of consumers.
In addition, it could foster economic growth and stability, protect against
cyber and operational risks, safeguard the privacy of sensitive data, and
minimize risks of illicit financial transactions. A potential U.S. CBDC could
also help preserve U.S. global financial leadership, and support the
effectiveness of sanctions. But a CBDC could also have unintended consequences,
including runs to CBDC in times of stress.

Recognizing the possibility of a U.S. CBDC, the Administration has developed
Policy Objectives for a U.S. CBDC System,which reflect the federal government’s
priorities for a potential U.S. CBDC. These objectives flesh out the goals
outlined for a CBDC in the E.O. A U.S. CBDC system, if implemented, should
protect consumers, promote economic growth, improve payment systems, provide
interoperability with other platforms, advance financial inclusion, protect
national security, respect human rights, and align with democratic values. But
further research and development on the technology that would support a U.S.
CBDC is needed. The Administration encourages the Federal Reserve to continue
its ongoing CBDC research, experimentation, and evaluation. To support the
Federal Reserve’s efforts and to advance other work on a potential U.S. CBDC,
the Treasury will lead an interagency working group to consider the potential
implications of a U.S. CBDC, leverage cross-government technical expertise, and
share information with partners. The leadership of the Federal Reserve, the
National Economic Council, the National Security Council, the Office of Science
and Technology Policy, and the Treasury Department will meet regularly to
discuss the working group’s progress and share updates on and share updates on
CDBC and other payments innovations.

Next Post: Statement by NEC Director Brian Deese and National Security Advisor
Jake Sullivan on Digital Assets Framework Statement by NEC Director Brian Deese
and National Security Advisor Jake Sullivan on Digital Assets Framework
September 16, 2022 • Statements and Releases
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