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FinCEN withdraws unhosted wallet and crypto mixing proposals

FinCEN dropped a 2020 proposal that would have made banks and money services businesses report certain transfers with unhosted crypto wallets and verify their customers, and withdrew its 2023 finding that international crypto mixing is a primary money laundering concern.

The Financial Crimes Enforcement Network (FinCEN) on Monday, October 5, 2026, withdrew two proposed anti-money laundering rules for crypto transactions. The first, from December 2020, would have required banks and money services businesses (MSBs) to keep records, verify customers, and file reports on certain transactions with unhosted wallets. The second, from October 2023, would have imposed reporting requirements on international convertible virtual currency (CVC) mixing, which FinCEN had found to be a class of transactions of primary money laundering concern under section 311 of the USA PATRIOT Act. That finding is withdrawn as well. Both withdrawals were published in the Federal Register on October 6 and apply as of that date.

“FinCEN has considered the comments submitted in response to these proposals and is withdrawing them as part of the Trump Administration’s deregulatory agenda and ongoing efforts to ensure digital asset regulations are fit-for-purpose,” the agency said. Both notices, signed by Deputy Director Jimmy L. Kirby, cite the July 2025 report of the President’s Working Group on Digital Asset Markets.

$3,000
threshold for customer verification and records (2020 proposal)
FinCEN
$10,000
threshold for a report to FinCEN, single or aggregated over 24 hours (2020 proposal)
FinCEN
6
techniques cited as examples in the 2023 definition of CVC mixing
FinCEN

The 2020 rule would have tracked counterparties above $3,000

Published on December 23, 2020, weeks before the first Trump administration left office, the first proposal covered transfers of CVC, or of digital assets with legal tender status, by, through, or to a bank or MSB when the counterparty used an unhosted wallet, described as “when a financial institution is not required to conduct transactions from the wallet.” It also reached wallets at foreign institutions outside the Bank Secrecy Act, in jurisdictions identified by FinCEN. Above $3,000, the bank or MSB would have verified its customer and kept records of the transaction and counterparty. Above $10,000, alone or aggregated over 24 hours, it would also have filed a report. FinCEN “will take no further action on this NPRM,” the withdrawal states.

FinCEN drops the mixing finding over its broad definition

The October 23, 2023 proposal would have imposed special measure one, one of the four section 311 measures that add recordkeeping and reporting duties. Covered institutions would have reported any CVC transaction they knew, suspected, or had reason to suspect involved mixing within or involving a jurisdiction outside the US, with details such as the mixer used, wallet addresses, transaction hashes, and IP addresses. Mixing meant facilitating CVC transactions in a way that obfuscates their source, destination, or amount, “regardless of the type of protocol or service used,” from pooling funds and splitting transfers to single-use wallets and user-initiated delays.

FinCEN said the withdrawal “is informed by the concerns from commentors that the expansive definition of CVC mixing in the proposed rule could have a chilling effect on legitimate activity and place a large reporting burden on covered financial institutions.” It maintains that illicit actors still use mixers and says it “will continue to monitor activity involving CVC mixers” and may act in the future.

Two hardware crypto wallets, a Trezor and a Ledger, on a ribbed metal surface
Hardware wallets let users hold crypto without a bank or exchange, the self-custody the 2020 proposal called unhosted.

Stablecoin transfers with self-hosted wallets escape a new report

🔑
No new federal reporting on self-hosted wallet flows
A bank or MSB that sends or receives stablecoins for customers no longer faces a proposed mandatory report on transfers above $10,000 with a self-hosted wallet, or counterparty records above $3,000. The 2020 text counted stablecoins among CVCs. Existing obligations are unchanged, because neither proposal was finalized.

The withdrawals leave intact the framework Treasury is writing for stablecoin issuers under the GENIUS Act. A joint proposal from FinCEN and the Office of Foreign Assets Control (OFAC), published April 10, 2026, places on the “secondary market” cases such as “an individual sending payment stablecoins from a self-hosted wallet to a vendor to purchase goods.” There, issuers would need the technical capabilities, policies, and procedures to block, freeze, and reject impermissible transactions. FinCEN did not propose requiring them to monitor that activity or file suspicious activity reports on it. The rule remains a proposal.

Coin Center, a crypto policy group that opposed both proposals, called the withdrawal “a significant victory for financial privacy and for the principle that Americans should be able to use cryptocurrency directly without inappropriate government surveillance.”

December 23, 2020
Unhosted wallet proposal
Published at 85 FR 83840.
October 23, 2023
Mixing finding and proposal
Published at 88 FR 72701 under section 311.
April 10, 2026
Stablecoin issuer proposal
FinCEN and OFAC propose AML/CFT and sanctions programs for issuers.
October 5, 2026
Withdrawals announced
Published the next day at 91 FR 63513 and 91 FR 63514.

Provenance

Published October 5, 2026

9 sources, 4 distinct domains

↗ FinCEN, FinCEN Announces Withdrawals of Proposed Digital Asset Related Rules, October 5, 2026 · fincen.gov↗ FinCEN, Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets; Withdrawal · fincen.gov↗ FinCEN, Proposal of Special Measure Regarding Convertible Virtual Currency Mixing, as a Class of Transactions of Primary Money Laundering Concern; Withdrawal · fincen.gov↗ Federal Register, 91 FR 63514, October 6, 2026: unhosted wallet proposal withdrawal (2026-20430) · govinfo.gov↗ Federal Register, 91 FR 63513, October 6, 2026: CVC mixing finding and proposal withdrawal (2026-20429) · govinfo.gov↗ Federal Register, 85 FR 83840, December 23, 2020: Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets · govinfo.gov↗ Federal Register, 91 FR 18582, April 10, 2026: Permitted Payment Stablecoin Issuer AML/CFT Program and Sanctions Compliance Program Requirements · govinfo.gov↗ The Block, Treasury withdraws crypto mixing rule, citing concerns over ‘chilling effect on legitimate activity’, October 5, 2026 · theblock.co↗ Coin Center, Treasury just withdrew crypto surveillance rule proposals long opposed by Coin Center, October 5, 2026 · coincenter.org
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