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Treasury proposes rule on who needs a stablecoin license

Treasury’s GENIUS Act proposal defines when a payment stablecoin is issued in the US and when it is offered or sold to a US person. Those lines decide which issuers need a license by January 2027, and which tokens platforms can still offer to Americans.

The US Treasury on August 17, 2026, proposed rules that define when a payment stablecoin is issued “in the United States” and when it is offered or sold to “a person in the United States.” Those two lines decide which issuers must hold a federal or state license under the GENIUS Act, the federal payment stablecoin law signed on July 18, 2025. The notice of proposed rulemaking (NPRM) implements section 3 of the Act. It adds no prudential requirements to those already in the statute. It sets the law’s scope.

“President Trump and Congress delivered the GENIUS Act, establishing a landmark framework and clear rules of the road for payment stablecoins, and Treasury is moving quickly to implement that framework,” Treasury Secretary Scott Bessent said. “Treasury welcomes input from stakeholders as we work to provide the regulatory certainty businesses need to innovate and grow in America, cement the role of the U.S. dollar as the world’s reserve currency, and keep America the crypto capital of the world.”

Issuing without a license becomes a crime in January 2027

Under the GENIUS Act, a payment stablecoin is a digital asset designed to be used for payment or settlement, whose issuer commits to keep its value stable against an official currency. The 2025 law requires issuers to back their tokens in full, with one dollar of reserve assets for every dollar of tokens outstanding. Section 3 adds a market-access rule. Starting January 18, 2027, only entities holding a federal or state license may issue a payment stablecoin in the US. Violations carry a fine of up to $1 million and up to five years in prison, Accounting Today reported.

  • Where a token is issued. The proposal sets the criteria under which a token counts as issued in the US. That brings its issuer under the licensing regime wherever it is incorporated.
  • What counts as distribution. The proposal defines what constitutes an offer or sale to a US person. That obligation falls on trading platforms rather than on issuers.
  • How foreign tokens are treated. The proposal sets the conditions under which a stablecoin issued outside the US can still be distributed to US residents.
January 18, 2027
license required to issue in the US
US Treasury, NPRM of August 17, 2026
July 18, 2028
end of distribution for unlicensed tokens
US Treasury, NPRM of August 17, 2026
October 19, 2026
public comment deadline
US Treasury, NPRM of August 17, 2026
1:1
dollar of reserve assets per dollar of tokens
GENIUS Act, July 18, 2025

Territorial reach is the hardest question

The problem the proposal tries to solve comes from the nature of a token on a distributed ledger, which moves regardless of borders. An issuer incorporated outside the US can end up with its tokens held and traded by US residents without ever marketing to them. The NPRM handles this in two steps. It defines the act of issuance, which binds the issuer, and then the act of offering or selling, which binds the distributor, called a digital asset service provider in the statute.

Signing a regulatory document
Treasury’s August 17, 2026, proposal covers the scope of the GENIUS Act, not reserve requirements, which the 2025 law already sets.

The distribution prong has the clearest extraterritorial effect. Starting July 18, 2028, a digital asset service provider may no longer offer or sell a payment stablecoin to a person in the US unless a licensed issuer issued it. For a foreign-issued token, the proposal makes distribution depend on two cumulative conditions, The Block and Accounting Today reported. The issuer must have the technological capability to comply with a lawful US order, including a freeze or a block. And its home jurisdiction must be covered by a reciprocal arrangement. This foreign-issuer test applies from the Act’s effective date, not from 2028.

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A MiCA license is not a ticket to the US market
An e-money token issuer authorized in the EU under MiCA does not become eligible for US distribution on that basis. Distribution will require a reciprocal arrangement between US authorities and the issuer’s home jurisdiction, plus a blocking capability that can be enforced on a US order. Both conditions depend on government decisions, not on choices the company can make.

A second GENIUS Act rulemaking follows the spring AML proposal

The August 17 proposal is not the first rule implementing the GENIUS Act. FinCEN, Treasury’s financial intelligence unit, and OFAC, its sanctions office, jointly proposed a rule to counter illicit finance, published in the Federal Register on April 10, 2026, with comments due by June 9, 2026. That first proposal covered the anti-money laundering, counterterrorist financing, and sanctions compliance programs issuers must maintain, including the ability to block, freeze, and reject certain transactions. The two rules split the work. The first says what a licensed issuer must do. The second says who needs a license.

July 18, 2025
GENIUS Act signed into law
The first US federal framework dedicated to payment stablecoins.
April 10, 2026
FinCEN-OFAC proposal
The illicit-finance proposal appears in the Federal Register. Comments closed June 9, 2026.
August 17, 2026
Section 3 proposal
Treasury opens comment on the scope of issuance, offer, and sale.
October 19, 2026
Comment deadline
Sixty days after publication in the Federal Register, scheduled for August 18, 2026. Comments are filed on regulations.gov.
January 18, 2027
Effective date
A federal or state license is required to issue a payment stablecoin in the US.
July 18, 2028
Distribution cutoff
Service providers can no longer offer tokens issued outside the licensing regime.

The rules land on a market already dominated by two tokens

The timetable forces issuers to choose a legal structure. The capital needed for a US charter, where reserves are held, and which jurisdictions to issue from stop being optimization questions and become conditions for market access. That timetable explains the charter applications several issuers have filed since early summer 2026.

PartyNew obligationEffective date
Payment stablecoin issuerFederal or state license to issue in the USJanuary 18, 2027
Foreign issuerAbility to carry out a US order, plus a reciprocal arrangementJanuary 18, 2027
Digital asset service providerBan on offering or selling unlicensed tokens to a US personJuly 18, 2028
Who is covered, and when
Market chart on a screen
Total stablecoin market capitalization stood at about $308B on August 13, 2026, nearly 99.5% of it denominated in dollars, according to data published by Reap.

The proposal arrives in a highly concentrated market. Total stablecoin market capitalization was about $308 billion on August 13, 2026, and nearly 99.5% of it was denominated in dollars, according to data published by Reap. Tether (USDT) accounted for about 59% and USD Coin (USDC) for about 23%. The licensing regime will therefore apply first to a de facto duopoly.

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Licensing follows the activity, not the domicile
The GENIUS Act set the principle of a license without saying who had to hold one. Section 3 fills that gap by tying the obligation to two defined acts, issuance and distribution, rather than to where the issuer is incorporated. The regime reaches firms based outside the US whenever a US resident sits at the end of the chain.

Comments are due October 19, 2026. They are expected to focus on the territorial nexus tests, which will determine the fate of non-US issuers.

Provenance

Published August 17, 2026

5 sources, 4 distinct domains

↗ U.S. Department of the Treasury · Treasury Seeks Public Comment on GENIUS Act Proposed Rulemaking · home.treasury.gov↗ Federal Register · GENIUS Act Regulations on Payment Stablecoin Issuance, Offer, and Sale · federalregister.gov↗ The Block · US Treasury seeks public comment on GENIUS Act stablecoin rules · theblock.co↗ Accounting Today · Treasury proposes GENIUS Act rules on who can sell stablecoin · accountingtoday.com↗ U.S. Department of the Treasury · Proposed Rule to Implement the GENIUS Act’s Requirements to Counter Illicit Finance · home.treasury.gov
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