FinCEN Proposes Tracking and Reporting Virtual Currency Transactions Involving Unhosted Wallets | Insights

FinCEN Proposes Tracking and Reporting Virtual Currency Transactions Involving Unhosted Wallets | Insights

Affected establishments will have really constrained time to evaluate and remark on the NPR, as the comment interval closes on January 4, 2021, notwithstanding two intervening federal vacations.

Regulating “Unhosted Wallets” With no Utilizing the Expression. As a preliminary subject, it is critical to recognize that whilst the Section of the Treasury’s press launch and Q&As concerning the NPR, and the preamble to the NPR alone, characterize the proposed rule as a regulation of the conversation amongst wallets hosted by banking institutions and MSBs with “unhosted” or in any other case covered wallets, the term “wallet”3 appears in the proposed regulation by itself only in two “notes” about use of wallets by noncustomers. Instead, the proposed regulation in fact addresses transactions amongst “customers” of financial institutions and MSBs and counterparties whose “accounts” are not held by a BSA-controlled monetary institution or permitted overseas economical establishment. The failure to…

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