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FinCEN Withdraws Unhosted Wallet Rule and Crypto Mixer Finding

FinCEN has withdrawn its 2020 unhosted wallet reporting proposal and its 2023 finding that crypto mixing is a primary money laundering concern, while saying it will keep monitoring mixers.

Treasury Drops Crypto Wallet Surveillance Rules
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Outputs

  1. FinCEN withdrew its 2020 unhosted wallet reporting proposal

  2. The agency also withdrew its 2023 finding that crypto mixing is a primary money laundering concern

  3. FinCEN said it will continue monitoring mixers and may act again

  4. The mixer finding had been issued under Section 311 of the USA PATRIOT Act

The U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) has withdrawn its 2020 proposal requiring reporting on transactions involving unhosted crypto wallets, along with its 2023 finding that crypto mixing services constitute a primary money laundering concern.

The dual withdrawal, confirmed by the agency, dismantles two of the most consequential regulatory positions FinCEN had staked out for the digital asset sector under prior leadership. Both measures had drawn sustained opposition from exchanges, custody providers and industry groups, who argued the rules were technically unworkable and would push transactions offshore.

What did the withdrawn rules require?

The 2020 unhosted wallet proposal would have obligated financial institutions to file reports on certain cross-border transactions involving self-custodied wallets — a category covering any address not controlled by a regulated intermediary.

The 2023 mixer finding, published as a notice of proposed rulemaking, designated crypto mixing — the use of services that pool and obfuscate transaction flows — as a primary money laundering concern under Section 311 of the USA PATRIOT Act. That designation opened a pathway toward imposing special due diligence measures on covered institutions dealing with mixing activity.

Industry participants and some members of Congress criticized both measures as rushed and overbroad, arguing the mixer finding in particular would effectively function as a de facto ban on a class of privacy-preserving software.

Is FinCEN stepping back from mixer oversight entirely?

No. The agency said it will continue monitoring crypto mixing activity and reserves the option to act again. The withdrawal removes the formal regulatory designations but does not curtail FinCEN's underlying statutory authority over money services businesses, including mixers that operate within U.S. jurisdiction.

The practical consequence for compliance teams is a reduction in anticipated reporting obligations. Exchanges and custodians that had begun building workflows in anticipation of a final unhosted wallet rule — including counterparty identification and transaction-flagging procedures — now face uncertainty over whether a successor framework will emerge in a different form.

The move also narrows the legal backdrop for pending enforcement matters tied to mixing services, though it does not directly affect actions already brought by other Treasury components, including sanctions designations against mixer protocols administered by the Office of Foreign Assets Control.

What happens next?

FinCEN retains its monitoring mandate and signaled that future rulemaking on mixers remains possible should illicit-finance risks escalate. Firms operating in the U.S. market will need to watch for any revised proposal, since the agency's stated willingness to revisit the issue leaves the door open to a narrower rule targeting specific transaction patterns rather than the mixer category as a whole.

via The Defiant (Source)

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