GENIUS Act AML and sanctions programme for stablecoin issuers: what FinCEN and OFAC propose and when it applies

Key points

  • The GENIUS Act and the OCC's final rule take effect on 18 January 2027. The OCC's final rule left anti-money laundering and sanctions requirements to a separate rulemaking.
  • FinCEN and OFAC proposed the AML and sanctions programme rule for permitted payment stablecoin issuers on 10 April 2026. Comments closed on 9 June 2026 and the rule is not yet final.
  • Both agencies propose that their rules take effect 12 months after the final rule is issued. The customer identification proposal of 22 June 2026 uses the same 12 months.
  • The proposed programme mirrors a bank's: written and board approved, risk assessed, a US-based AML officer, customer due diligence, independent testing, training and suspicious activity reports at $5,000.
  • OFAC would require a sanctions compliance programme with five elements, and every issuer must be able to block, freeze and reject transactions, including on the secondary market.
  • Issuers applying for approval in 2027 should build to the proposals now. The Act asks regulators to judge whether an applicant can meet its requirements, and these duties are among them.
On this page

The GENIUS Act takes effect on 18 January 2027, and it treats every permitted payment stablecoin issuer as a financial institution under the Bank Secrecy Act, the US anti-money laundering law. The detailed rules are still proposals. FinCEN and OFAC proposed the anti-money laundering (AML) and sanctions programme rule on 10 April 2026, and both agencies propose that it applies 12 months after the final rule is issued. Issuers planning to apply in 2027 should build their programme to the proposal now, because the regulator reviewing the application will ask how the issuer meets these duties.

This guide sets out where each rulemaking stands, what the proposed programme contains, how the sanctions and blocking duties work, and a build plan. It is written for compliance heads, general counsel and founders at issuers, and at banks and fintechs planning a stablecoin subsidiary. For the licence itself, see our guide to the GENIUS Act stablecoin issuer application.

Where the rules stand in November 2026

Four rulemakings shape an issuer's financial crime duties. Only one is final, and it is the one that does not cover AML.

DateAgencyWhat it doesStatus
10 April 2026FinCEN and OFACAML and sanctions programme rule for permitted payment stablecoin issuers (91 FR 18582)Proposed. Comments closed 9 June 2026
22 June 2026FinCEN with the OCC, Federal Reserve, FDIC and NCUACustomer identification programme for issuers (91 FR 37234)Proposed. Comments closed 21 August 2026
22 June 2026OCCApplies the FinCEN and OFAC rules to issuers the OCC supervises and sets its supervision framework (OCC Bulletin 2026-28)Proposed
21 October 2026OCCFinal GENIUS Act rule on licensing, reserves, redemption and reporting, excluding AML and sanctionsFinal. Takes effect 18 January 2027

The OCC said its final rule covers everything required of it "other than those related to the Bank Secrecy Act, anti-money laundering, and Office of Foreign Asset Control sanctions", which will follow in a separate rulemaking. The OCC has also said it will announce separately when it starts accepting applications. No date had been given on 12 November 2026.

The timing matters. FinCEN proposes an effective date 12 months after the final rule, and OFAC proposes the same. The customer identification rule would also apply 12 months after it is final. So the detailed rules will very likely start after 18 January 2027. That does not leave an issuer free to wait. The Act itself makes issuers financial institutions under the Bank Secrecy Act, and the approving regulator assesses whether an applicant can meet the Act's requirements.

Who the AML rule covers

The proposal covers permitted payment stablecoin issuers, often shortened to PPSIs: firms approved under the GENIUS Act to issue a payment stablecoin, meaning a digital token designed to be redeemed for a fixed amount of money. There are three routes to that status: a subsidiary of an insured bank or credit union, a federal qualified issuer approved by the OCC, and a state qualified issuer approved by a state regulator.

FinCEN proposes to define issuers as a new type of financial institution under 31 CFR 1010.100, with their own rules in a new 31 CFR part 1033. Issuers would be taken out of the money services business (MSB) definition for their issuing activity, so they would no longer register with FinCEN as MSBs for it. Other activity, such as running a separate exchange, may still need MSB registration and state money transmitter licences.

Issuers must be formed in the United States, so OFAC treats them as US persons, which means US sanctions apply to them directly.

Foreign issuers are outside this rule. FinCEN said it is "only proposing application of AML/CFT requirements to PPSIs" and asked for views on whether any requirements should apply to foreign payment stablecoin issuers. A foreign issuer seeking access to US markets should read our note on foreign stablecoin issuer registration under the GENIUS Act.

The AML programme FinCEN proposes

The proposed programme in 31 CFR 1033.210 is modelled closely on FinCEN's programme rules for banks. Each part has to be written down, approved and evidenced.

ElementWhat the proposal requiresWhat to have ready
Written programmeA written, risk-based AML programme approved by the board, an equivalent governing body or appropriate senior managementBoard minute approving the programme, with a review cycle
Risk assessmentIdentify, assess and document money laundering and terrorist financing risks, generally each year, and take account of FinCEN's published AML prioritiesA dated risk assessment covering customers, products, distribution channels and each blockchain the token runs on
Internal controlsPolicies, procedures and controls that reduce the risks identifiedProcedures mapped to each risk, with owners
Customer due diligenceOngoing due diligence, including beneficial ownership for legal entity customersOnboarding and periodic review standards by risk level
AML officerA named individual located in the United States, accessible to regulators, without certain disqualifying convictionsAppointment letter, job description and reporting line to the board
Independent testingTesting by people independent of the programme; the AML officer would generally not count as independentTest scope, tester and first test date
TrainingOngoing training for relevant staffTraining plan by role, with records

A bank subsidiary may extend its parent bank's programme to the issuer, provided the single programme meets the requirements of each entity. This is the simplest route for banks, but the risk assessment still has to cover the token's own risks.

Issuers must also be able to give FinCEN, on request, the certifications they submit to their primary regulator that the AML programme has been implemented. A certification is a signed statement, so the evidence behind it has to exist before it is signed.

Customer identification

The customer identification programme proposed on 22 June 2026 is the familiar bank model. Before opening an account the issuer collects the customer's name, date of birth or date of formation, address (not a post office box) and an identification number. It then verifies identity within a reasonable time using documents, other methods or both, and has procedures for when it cannot verify: refuse, limit or close the account, or file a suspicious activity report.

The definition of customer is the point most issuers need to understand. A customer is a person who opens an account, meaning a formal relationship with the issuer. Holders who buy, sell or redeem tokens only through the secondary market, and never deal with the issuer directly, are not customers. Owning the token alone does not create an account. The agencies asked whether this should be widened, so the final rule may differ.

Records are kept for five years after an account closes for identifying information, and five years after they are made for verification records. An issuer may rely on another federally regulated financial institution's identification procedures in some cases, but stays responsible for the result.

Suspicious activity reports, records and the travel rule

DutyProposed rule for issuers
Suspicious activity reportsReport suspicious activity involving or aggregating at least $5,000, the bank threshold, against $2,000 for MSBs
Filing deadlineWithin 30 days of first detecting facts that may require a report; up to a further 30 days if no suspect is identified
Secondary marketNo duty to file reports on secondary market activity; voluntary reports keep the legal protection for filers
RetentionReports and supporting documents kept for five years from filing
Currency transaction reportsNot required for transactions in payment stablecoins; could apply if an issuer handles physical cash
Recordkeeping and travel ruleThe definition of transmittal order would expressly include payment stablecoins, so the $3,000 funds transfer record and travel rules apply to issuer transmittals

The travel rule means passing the sender's and recipient's details along with a transfer, so the next institution can screen it. For a token issuer this has to work for redemptions and issuances to and from other financial institutions, which usually needs both a data standard and contractual terms with counterparties.

The sanctions compliance programme

OFAC proposes a new 31 CFR part 502 for issuers. It requires an effective sanctions compliance programme with five elements, the same ones OFAC has long used to judge firms in enforcement cases:

  • senior management commitment, shown by resources, authority and reporting to the board
  • a sanctions risk assessment covering customers, counterparties, geographies and the token's use on each blockchain
  • internal controls, including screening of customers and of wallet addresses against OFAC's lists
  • testing and audit of those controls
  • training for staff

OFAC civil penalties can apply on a strict liability basis, meaning a breach can be penalised without proof that the firm knew. OFAC's enforcement guidelines take account of whether an effective programme existed, so the programme reduces both the chance of a breach and the penalty if one happens. Wilful breaches of the new part 502 may carry criminal penalties.

Block, freeze and reject: the technical duty

This is the requirement with no close parallel in bank rules. The GENIUS Act requires every issuer to have the technical capability, policies and procedures to block, freeze and reject specific or impermissible transactions, and to comply with lawful orders. A lawful order is an order from a federal agency or court to seize, freeze, burn or prevent the transfer of payment stablecoins.

The duty reaches the secondary market. In the proposal's examples, an issuer must block a transaction where a blocked person has an interest in the token, and must not let a blocked person use its smart contract to trade on the secondary market. FinCEN has not prescribed how to do this, so the issuer chooses the method. In practice that means freeze and burn functions in the token's smart contract, control over who can use them, a tested process to act on an order quickly, and records of every use.

The AML programme does not require issuers to monitor secondary market transactions. It does require them to understand the risk from their customers and their distribution channels, including each blockchain where the token is deployed. An issuer that adds a new chain should update its risk assessment first.

Who examines the programme

An issuer's AML programme will be examined by its primary regulator: the OCC, the Federal Reserve, the FDIC or the NCUA. State qualified issuers are supervised by their state, and FinCEN proposes to delegate its examination authority to the IRS for issuers not examined by a federal banking agency.

The OCC's June 2026 proposal would make issuers it supervises comply with the Bank Secrecy Act, the relevant sections of the GENIUS Act and the FinCEN and OFAC rules, and would require the OCC to consult FinCEN before significant AML enforcement action. Issuers can expect AML to sit in the same examination cycle as reserves, redemption and governance.

A build plan before 18 January 2027

WhenTask
November and December 2026Read the April and June proposals against the current operating model. Decide the legal entity, and for bank subsidiaries whether to extend the parent's programme
By December 2026Appoint a US-based AML officer. Draft the risk assessment, including every blockchain and distribution channel
December 2026 to January 2027Write the AML, customer identification and sanctions procedures. Specify and test freeze, burn and reject functions in the smart contract
January 2027Board approval of the programme. Agree travel rule data exchange with banks, exchanges and custodians that will distribute the token
Before applyingArrange independent testing of the programme and a training record. Prepare the application narrative on financial crime controls
When final rules are issuedCompare the final text with the build and close gaps within the 12 months, if that effective date is adopted

Building to the proposal is not wasted work if the final rule changes. The core elements follow long-standing bank rules and OFAC's own framework, and the points most likely to change, such as the scope of customer identification and the treatment of the secondary market, are narrow.

What this means for exchanges, custodians and wallets

Exchanges and custodians that hold or trade payment stablecoins are not issuers, and this rule does not apply to them. They have their own deadline under the GENIUS Act, set out in our guide to the GENIUS Act for exchanges and custodians, and most remain MSBs with their own AML duties. They will feel this rule indirectly: issuers will ask distribution partners for due diligence information, travel rule data and the ability to act on freeze orders.

Regulatory Counsel supports issuers and the banks and fintechs planning to issue with AML programme design, sanctions controls and ongoing compliance support, alongside the payment stablecoin issuer licence. Our cryptoassets practice covers the state and federal licences that sit around an issuance.

References

This article is general information as at 12 November 2026 and is not legal advice.

Frequently asked questions

When does the GENIUS Act AML rule take effect?

It is not final yet. FinCEN and OFAC proposed it on 10 April 2026 and both propose an effective date 12 months after the final rule is issued. The GENIUS Act itself and the OCC's final rule take effect on 18 January 2027.

Are stablecoin issuers financial institutions under the Bank Secrecy Act?

Yes. The GENIUS Act requires a permitted payment stablecoin issuer to be treated as a financial institution for Bank Secrecy Act purposes. FinCEN proposes a new category for issuers with its own rules in 31 CFR part 1033, separate from money services businesses.

What is the suspicious activity report threshold for stablecoin issuers?

FinCEN proposes $5,000, the same as banks, against $2,000 for money services businesses. Reports would be due within 30 days of first detection. No reports would be required on secondary market activity.

Do stablecoin issuers have to monitor the secondary market?

Not for AML transaction monitoring under the proposal. Issuers must still understand the risks from their customers and distribution channels, including each blockchain the token runs on, and their block, freeze and reject duties do apply to secondary market activity.

What sanctions programme does OFAC require of stablecoin issuers?

OFAC proposes a new 31 CFR part 502 requiring an effective sanctions compliance programme with five elements: senior management commitment, risk assessment, internal controls, testing and audit, and training.

Does the rule apply to foreign stablecoin issuers?

No. FinCEN said it is only proposing these requirements for permitted payment stablecoin issuers, which must be formed in the United States. It asked for comments on whether any should apply to foreign issuers.

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