Joe Biden Expected to Issue Executive Order on Crypto Oversight Early March 2022

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President Joe Biden is expected to issue an executive order next week directing agencies across the government to study cryptocurrencies and a central bank digital currency (CBDC), and come up with a government-wide strategy to regulate digital assets.

The upcoming directive will commission a study of a CBDC and ask a range of agencies including the Departments of Treasury, State, Justice and Homeland Security to develop a report on the future of money and payment systems. The Director of the Office of Science and Tech policy is also expected to do a technical evaluation of what might be needed to support a CBDC system.

The move comes that a rift has developed between the White House and Treasury over crypto regulation, but a Treasury official disputed the account as “inaccurate.”
The administration is engaged in a wide-ranging effort to regulate the sector, with the FBI forming a new crypto unit led by a seasoned computer crimes prosecutor.

The Financial Stability Oversight Council (FSOC), created after the 2008 financial crisis to monitor risks to the system, will be asked to study financial stability issues that arise from digital assets. The President’s Working Group on Financial Markets has already tasked the FSOC with looking into systemic risks of stablecoins.

This week, Treasury Undersecretary Nellie Liang told the Senate that the council is discussing the prospect of risks stablecoins pose and taking steps to see what authorities regulators have. Treasury is hopeful Congress will act since its authorities are limited.

Meanwhile, the Attorney General, along with the FTC and Consumer Financial Protection Bureau, will be asked to consider what impact the growth in digital assets could have on market competition. The SEC, CFTC and Federal Reserve, FDIC and OCC are expected to weigh market protection measures within their jurisdictions.

The order will also look at measures to protect consumers, investors and businesses. Treasury in consultation with the Securities and Exchange Commission, the Commodities Futures and Trading Commission and federal banking agencies will oversee developing that report to the president on how to protect against risks to cryptocurrencies.

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