The Federal Deposit Insurance Corporation (FDIC) has taken a significant step toward implementing the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act”) by approving a notice of proposed rulemaking (NPRM) that would establish a comprehensive Bank Secrecy Act (BSA) and anti-money laundering (AML) compliance framework for certain stablecoin issuers. The proposal signals that stablecoin issuance within the U.S. regulatory perimeter will be subject to compliance expectations closely aligned with those applicable to traditional financial institutions.

Enacted on July 18, 2025, the GENIUS Act creates a federal framework governing the issuance of payment stablecoins. At its core, the statute designates permitted payment stablecoin issuers (“PPSIs”) as financial institutions for purposes of the BSA and assigns primary prudential oversight to federal banking regulators, including the FDIC, Office of the Comptroller of the Currency (OCC), and the Federal Reserve. In doing so, the legislation clarifies the regulatory treatment of payment stablecoins and integrates them into the broader U.S. financial regulatory architecture.

The FDIC’s May 22, 2026 NPRM represents the financial-crime compliance pillar of this emerging regime. It follows earlier agency proposals addressing application procedures (December 2025) and prudential requirements such as reserve management and risk controls (April 2026). Taken together, these rulemakings reflect a coordinated effort to translate the GENIUS Act into a fully operational supervisory framework.

Under the NPRM, FDIC-supervised PPSIs—primarily subsidiaries of insured state nonmember banks and state savings associations authorized to issue stablecoins—would be required to implement robust, risk-based compliance programs. These programs would encompass core financial-crime controls, including AML and countering the financing of terrorism (CFT) measures, economic sanctions compliance administered by the Office of Foreign Assets Control (OFAC), and adherence to Treasury Department regulations enforced by the Financial Crimes Enforcement Network (FinCEN).

Importantly, the proposal does not create a bespoke or “light-touch” regime for stablecoin issuers. Instead, it brings them into alignment with the existing bank-grade BSA/AML compliance architecture. The NPRM would also formalize FDIC examination, oversight, and enforcement authority over PPSI compliance programs, creating a supervisory environment that closely resembles that applicable to traditional banking institutions. Routine examinations, heightened enforcement risk, and interagency coordination are therefore likely to become defining features of stablecoin regulation in the United States.

Although the NPRM is anchored in existing BSA requirements, it suggests that compliance programs will need to be calibrated to the characteristics of blockchain-based activity. In practice, this may require enhanced controls addressing features such as transaction speed and the relative anonymity of digital asset transfers, as well as customer due diligence tied to issuance and redemption activity and more continuous transaction monitoring.

For market participants, the direction of travel is clear. Stablecoin issuance within the United States is likely to require meaningful investment in compliance infrastructure, including transaction monitoring systems, sanctions screening, and, in practice, blockchain analytics capabilities. Entities that have historically operated outside the banking sector—or under less stringent regulatory regimes—may face substantial adjustments as they move into this framework.

The NPRM is open for public comment for 60 days following its publication in the Federal Register. That period will provide an important opportunity for industry participants, trade associations, and other stakeholders to shape the final contours of the rule.

Takeaway: The FDIC’s proposal would subject bank-affiliated stablecoin issuers to comprehensive BSA/AML and sanctions compliance obligations, firmly anchoring stablecoins within the U.S. financial regulatory perimeter.

Author

Email
David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technology-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.