Treasury Issues NPRM for State Stablecoin Regimes Under GENIUS Act[1][3][4]

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Why it matters

On April 1, 2026, the U.S. Department of the Treasury issued its first proposed rule under the GENIUS Act, establishing the criteria for determining when a state's regulatory regime for payment stablecoin issuers qualifies as "substantially similar" to federal standards. Under this framework, states with approved regimes can oversee stablecoin issuers with $10 billion or less in outstanding issuance, rather than subjecting them to federal supervision. The proposal requires states to match or exceed federal prudential standards in reserves, capital, liquidity, anti-money laundering, sanctions compliance, and risk management, though states retain flexibility on procedural matters. Treasury is accepting comments for 60 days following Federal Register publication. One week later, on April 8, the Financial Crimes Enforcement Network and Office of Foreign Assets Control jointly proposed rules treating permitted payment stablecoin issuers as Bank Secrecy Act financial institutions, mandating comprehensive anti-money laundering and sanctions compliance programs, including transaction blocking authority.

The dual-track rulemaking implements the GENIUS Act, signed by President Trump on July 18, 2025, which created a federal-state regulatory model for stablecoins. Treasury Secretary Scott Bessent framed the rules as advancing U.S. competitiveness in digital assets while strengthening defenses against illicit finance. The April 1 proposal cross-references an earlier OCC proposed rule from March 2026. The regulatory framework becomes effective January 18, 2027, or 120 days after final regulations, whichever is later. The specific mechanics of how state regimes will be evaluated and approved remain subject to the comment process.

Attorneys advising stablecoin issuers should monitor the final rules closely, particularly the definition of "substantially similar" and the operational requirements for state-regulated entities. The framework creates potential arbitrage opportunities between state and federal regimes, making the alignment standards critical to compliance strategy. Issuers will need to assess whether state licensing offers competitive advantages over federal oversight, and whether their reserve and compliance infrastructure can satisfy whichever regime they select. The rules also expand financial crime obligations significantly, requiring issuers to treat stablecoins as traditional financial instruments for AML and sanctions purposes.

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