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Crucial Expanded GENIUS Act: US Strengthens Offshore Stablecoins Regulation
March 11, 2025
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In the ever-evolving world of cryptocurrency, regulations are constantly playing catch-up to innovation. A significant development is brewing in the United States that could reshape the landscape of stablecoins regulation, particularly concerning those operating outside U.S. borders. Senator Bill Hagerty’s revised Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS Act) proposal is making waves with its broadened scope, now casting a wider regulatory net over offshore stablecoins. Let’s dive into what this means for the crypto world and what changes are on the horizon.

What’s New in the Revised GENIUS Act and Why Should You Care About Stablecoins Regulation?

According to Fox Business reporter Eleanor Terrett, the updated GENIUS Act isn’t just tweaking the edges; it’s significantly expanding its reach. Originally focused on domestic stablecoin issuers, the revised proposal now extends its gaze to offshore stablecoins. But why is this important, and why now?

Stablecoins, cryptocurrencies designed to maintain a stable value (often pegged to the US dollar), have become a cornerstone of the crypto market. They facilitate trading, provide a safe haven from volatile crypto assets, and are increasingly used in cross-border transactions. However, their rapid growth and potential for systemic risk have caught the attention of regulators worldwide. The U.S., a major player in global finance, is keen to establish a robust framework for crypto regulation, and stablecoins are a key piece of this puzzle.

The revised GENIUS Act is a direct response to these concerns, aiming to bring clarity and control to the often murky waters of offshore stablecoins. Here’s a breakdown of the key updates:

  • Enhanced Reserve Requirements: The bill mandates detailed requirements for the reserves backing offshore stablecoins. This is crucial to ensure that these digital currencies are truly stable and can withstand market shocks. Think of it like ensuring a bank has enough cash on hand to cover withdrawals – it’s about maintaining trust and preventing collapses.
  • Robust Regulatory Oversight: Expect stricter oversight mechanisms. The act aims to define which regulatory bodies will be responsible for monitoring and enforcing compliance for offshore stablecoins interacting with the U.S. financial system. This could mean increased scrutiny and potential licensing requirements for offshore entities.
  • Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) Measures: In today’s global landscape, preventing illicit financial activities is paramount. The revised act incorporates stronger AML and CTF measures to ensure offshore stablecoins aren’t used for illegal purposes. This aligns with global efforts to combat financial crime in the digital age.
  • Sanctions Compliance: The bill emphasizes adherence to U.S. sanctions. Offshore stablecoins operating in or with the U.S. will need to demonstrate strict compliance with sanctions regimes, preventing their use in bypassing international law.
  • Liquidity and Risk Management: Beyond reserves, the act delves into broader liquidity and risk management frameworks. This suggests a holistic approach to ensuring the financial soundness of offshore stablecoins, looking at their operational resilience and ability to manage various market risks.

Why Focus on Offshore Stablecoins? Understanding the US Stablecoin Policy Shift

The expansion of the GENIUS Act to include offshore stablecoins reflects a growing recognition that the crypto market is inherently global. Simply regulating domestic issuers isn’t enough when digital currencies can easily cross borders. This shift in US stablecoin policy is driven by several factors:

  • Global Interconnectedness: The crypto market is not confined by geographical boundaries. Offshore stablecoins can and do interact with the U.S. financial system, necessitating a broader regulatory approach.
  • Level Playing Field: By extending regulations to offshore stablecoins, the U.S. aims to create a more level playing field for domestic and international players. This can prevent regulatory arbitrage, where entities might seek to operate outside stricter jurisdictions to avoid compliance.
  • Protecting the US Dollar: Many stablecoins are pegged to the U.S. dollar. Ensuring the stability and integrity of these dollar-linked digital assets, regardless of their issuer’s location, is crucial for maintaining confidence in the U.S. dollar’s role in the digital economy.
  • Supporting Cross-Border Transactions: While tightening regulation, the GENIUS Act also aims to support legitimate cross-border transactions. The goal isn’t to stifle innovation but to create a framework that fosters safe and compliant international use of stablecoins.

What are the Potential Benefits and Challenges of Expanded Crypto Regulation?

The revised GENIUS Act, with its focus on offshore stablecoins and broader crypto regulation, presents both potential benefits and challenges:

BenefitsChallenges
  • Increased Investor Protection: Stronger reserves and oversight can safeguard users from potential stablecoin collapses.
  • Enhanced Market Stability: Better regulation can reduce systemic risks and contribute to a more stable crypto market.
  • Reduced Illicit Activity: AML/CTF measures can curb the use of stablecoins for illegal purposes.
  • Clarity for Businesses: Clear regulatory frameworks can provide businesses with the certainty needed to innovate and operate in the stablecoin space.
  • Maintained Financial System Integrity: Protecting the U.S. dollar’s role and preventing regulatory arbitrage strengthens the overall financial system.
  • Compliance Costs: Implementing and adhering to stricter regulations can be costly for offshore stablecoin issuers.
  • Potential for Innovation Slowdown: Overly burdensome regulations could stifle innovation in the stablecoin sector.
  • Enforcement Challenges: Regulating entities operating outside U.S. borders presents significant enforcement hurdles.
  • Global Coordination Needed: Effective offshore stablecoin regulation requires international cooperation and harmonization of rules.
  • Unintended Consequences: New regulations could have unforeseen impacts on market dynamics and the broader crypto ecosystem.

Actionable Insights: What to Watch For Next in Stablecoins Regulation

For those in the crypto space, staying informed about these regulatory developments is crucial. Here’s what to keep an eye on:

  • Senate Banking Committee Markup (March 13): As Terrett reported, the Senate Banking Committee is expected to conduct a markup of the bill on March 13. This will be a key event to watch for further details and potential amendments to the GENIUS Act.
  • Industry Reactions: Monitor how crypto industry players, both domestic and offshore stablecoin issuers, react to the revised proposal. Their feedback and lobbying efforts could influence the final shape of the legislation.
  • Global Regulatory Trends: The U.S. isn’t alone in grappling with crypto regulation. Pay attention to how other major jurisdictions are approaching stablecoins. International alignment or divergence in regulations will significantly impact the global crypto landscape.
  • Technological Adaptations: As regulations evolve, expect to see technological innovations aimed at facilitating compliance and navigating the new regulatory landscape. This could include advancements in AML/CTF technologies and transparency tools for stablecoin reserves.

Conclusion: A Significant Step Towards Robust Crypto Regulation

Senator Hagerty’s revised GENIUS Act represents a crucial and expanded step towards establishing a comprehensive framework for stablecoins regulation in the U.S., particularly concerning offshore stablecoins. By addressing key areas like reserves, oversight, AML/CTF, and sanctions compliance, the bill aims to create a safer and more stable environment for digital currencies while supporting cross-border innovation. While challenges remain in implementation and global coordination, this legislative push signals a clear direction: crypto regulation is maturing, and stablecoins are at the forefront of this evolution. Keeping a close watch on its progress is essential for anyone involved or interested in the future of digital finance.

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This move is designed to bring Ripple’s crypto and stablecoin operations under direct federal regulation and marks a major step toward mainstream integration with the U.S. financial system.

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GENIUS Act lets State banks conduct some business nationwide. Regulators object

The Senate passed the GENIUS Act for stablecoins last week, but significant work remains before it becomes law. The House has a different bill, the STABLE Act, with notable differences that must be reconciled. State banking regulators have raised strong objections to a provision in the GENIUS Act that would allow state banks to operate nationwide without authorization from host states or a federal regulator.

The controversial clause permits a state bank with a regulated stablecoin subsidiary to provide money transmitter and custodial services in any other state. While host states can impose consumer protection laws, they cannot require the usual authorization and oversight typically needed for out-of-state banking operations.

The Conference of State Bank Supervisors welcomed some changes in the GENIUS Act but remains adamantly opposed to this particular provision. In a statement, CSBS said:

“Critical changes must be made during House consideration of the legislation to prevent unintended consequences and further mitigate financial stability risks. CSBS remains concerned with the dramatic and unsupported expansion of the authority of uninsured banks to conduct money transmission or custody activities nationwide without the approval or oversight of host state supervisors (Sec. 16(d)).”

The National Conference of State Legislatures expressed similar concerns in early June, stating:

“We urge you to oppose Section 16(d) and support state authority to regulate financial services in a manner that reflects local conditions, priorities and risk tolerances. Preserving the dual banking system and respecting state autonomy is essential to the safety, soundness and diversity of our nation’s financial sector.”

Evolution of nationwide authorization

Section 16 addresses several issues beyond stablecoins, including preventing a recurrence of the SEC’s SAB 121, which forced crypto assets held in custody onto balance sheets. However, the nationwide authorization subsection was added after the legislation cleared the Senate Banking Committee, with two significant modifications since then.

Originally, the provision applied only to special bank charters like Wyoming’s Special Purpose Depository Institutions or Connecticut’s Innovation Banks. Examples include crypto-focused Custodia Bank and crypto exchange Kraken in Wyoming, plus traditional finance player Fnality US in Connecticut. Recently the scope was expanded to cover most state chartered banks with stablecoin subsidiaries, possibly due to concerns about competitive advantages.

Simultaneously, the clause was substantially tightened. The initial version allowed state chartered banks to provide money transmission and custody services nationwide for any type of asset, which would include cryptocurrencies. Now these activities can only be conducted by the stablecoin subsidiary, and while Section 16(d) doesn’t explicitly limit services to stablecoins, the GENIUS Act currently restricts issuers to stablecoin related activities.

However, the House STABLE Act takes a more permissive approach, allowing regulators to decide which non-stablecoin activities are permitted. If the House version prevails in reconciliation, it could result in a significant expansion of allowed nationwide banking activities beyond stablecoins.

Is it that bad?

As originally drafted, the clause seemed overly permissive.

The amended clause makes sense for stablecoin issuers. They want to have a single regulator and be able to provide the stablecoin services throughout the United States. But it also leans into the perception outside of crypto that this is just another form of regulatory arbitrage.

The controversy over Section 16(d) reflects concerns about creating a regulatory gap that allows banks to operate interstate without the oversight typically required from either federal or state authorities. As the two Congressional chambers work toward reconciliation, lawmakers must decide whether stablecoin legislation should include provisions that effectively reduce traditional banking oversight requirements.

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If you find value in my content, consider showing your support via:

💳 PayPal: 
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It’s execution by Dubai.

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This closes the gap that killed STOs in 2018.

No more tokenization without venues.
No more assets without liquidity.

UAE is doing what Switzerland, Singapore, and Europe still haven’t:

Creating enforceable frameworks for RWA tokenization that actually work.

Matthew White, CEO of VARA, said it perfectly:

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He’s not exaggerating.

$500B+ market predicted next year.

And the UAE just gave it legal rails.

~Real estate.
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~Shariah-compliant products.

Everything is in play.

This is how you turn hype into infrastructure.

What Dubai is doing now is 3 years ahead of everyone else.

Founders, investors, ecosystem builders:

You want to build real-world assets onchain.

Don’t waste another year waiting for clarity.

Come to Dubai.

It’s already here.

 

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🙏 Donations Accepted 🙏

If you find value in my content, consider showing your support via:

💳 PayPal: 
1) Simply scan the QR code below 📲
2) or visit https://www.paypal.me/thedinarian

🔗 Crypto – Support via Coinbase Wallet to: [email protected]

Or Buy me a coffee: https://buymeacoffee.com/thedinarian

Your generosity keeps this mission alive, for all! Namasté 🙏 Crypto Michael ⚡  The Dinarian

 

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