Executive Order for Digital Assets
The “Executive Order Ensuring Responsible Development of Digital Assets” establishes the first ever “whole-of-government” approach to study and assess the benefits and risks presented by digital assets to the financial system of the United States. The Executive Order is important in several respects and reinforces the United States’ leadership in the global financial system.
While the Executive Order does not by itself provide specific authorization for activities involving digital assets, the Executive Order does require a host of reports, studies and strategic plans be developed within the next six-to-nine months analyzing a broad spectrum of activities across six key policy objectives:
- Protect U.S. Consumers, Investors, and Businesses;
- Protect U.S. and Global Financial Stability and Mitigate Systemic Risk;
- Mitigate the Illicit Finance and National Security Risks Posed by the Illicit Use of Digital Assets;
- Promote U.S. Leadership in Technology and Economic Competitiveness to Reinforce U.S. Leadership in the Global Financial System;
- Support Technological Advances and Ensure Responsible Development and Use of Digital Assets; and
- Explore a U.S. Central Bank Digital Currency (CBDC).
Although such topics address a broad swath of issues, in sum, the key takeaways from the Executive Order include:
- The establishment of a formal, coordinated effort by the United States government to address digital assets, highlighting the need for responsible thought leadership and innovation that appropriately balances the opportunities and benefits of digital assets to the United States and global financial system with the potential risks.
- The Executive Order reinforces the United States’ leadership in the global financial system and signals to the world that the United States will play a leading role in shaping the future of digital assets and the regulation thereof.
- The likelihood that there will be a formal proposal for a U.S. digital dollar, or CBDC, highlighted by the statement that a CBDC would “… support the continued centrality of the United States within the international financial system, and help to protect the unique role that the dollar plays in global finance.” Of course, the scope and breadth of any CBDC proposal remains unclear.
- Industry participants and other key stakeholders must be prepared to engage with various federal agencies tasked with studying and planning the issues identified in the Executive Order, as well as engaging with Congress on legislative proposals intended to promote responsible innovation consistent with the Executive Order’s six key policy objectives to move the industry forward; however, while the Executive Order focuses on the role of the federal government, industry participants and other stakeholders should continue to engage with various state financial regulatory agencies and legislatures to continue to foster innovative opportunities at the state level, as well as international bodies, including the Basel Committee on Banking Supervision, Financial Action Task Force and Financial Stability Board, among others.
- Although the Executive Order focuses on a “whole-of-government” approach, the Executive Order is not limited to, or principally the responsibility of, the independent federal financial regulatory agencies, who already are engaged in their own initiatives addressing digital assets. As such, it remains to be seen whether such ongoing initiatives by those independent agencies are delayed in implementation until the various reports studies and strategic plans required by the Executive Order are submitted to and acted upon by the President.
- There is a multitude of federal agencies tasked with different reports, studies and strategic plans. Many of the administrative processes to obtain internal clearance for a report, study or strategic plan are complicated and/or bureaucratic, which will make it difficult to complete the various materials called for by the Executive Order in a timely manner.
While the Executive Order does not change the existing legal and regulatory framework surrounding digital assets in the United States, the Executive Order does require various federal agencies to coordinate in the creation and submission of various reports, studies and strategic plans to the President, on specified timelines. As noted, these activities are in addition to the ongoing activities of the federal financial regulatory agencies.
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The requirements of the Executive Order are summarized below:
Executive Order § | Action Item | Deliverable | Deadline | Due Date | Agency/Department* |
Policy and Actions Related to United States Central Bank Digital Currencies | |||||
4(b) | Report |
Report on the future of money and payment systems, including the conditions that
|
180 days | 9/4/2022 | Department of the Treasury (Lead Actor) Department of State Department of Justice Department of Commerce Department of Homeland Security Office of Management and Budget Office of Director of National Intelligence Heads of other relevant agencies |
4(c) | Research and Report |
|
No timeline given | - | Federal Reserve Board (Lead Actor) |
4(d)(i) | Assessment |
Provide an assessment of whether legislative changes would be necessary to issue a CBDC in the United States, should it be deemed appropriate and in the national interest. |
180 days | 9/4/2022 | Department of Justice (Lead Actor) Department of the Treasury Federal Reserve Board |
4(d)(ii) | Legislative Proposal |
Submit a legislative proposal, based on consideration of the report submitted by the Department of the Treasury regarding the future of money and payment systems (section 4(b)) and any materials developed by the Federal Reserve Board consistent with section 4(c). |
210 days | 10/4/2022 | Department of Justice (Lead Actor) Department of the Treasury Federal Reserve Board |
5(b)(i) | Report |
|
180 days | 9/4/2022 | Department of the Treasury (Lead Actor) Department of Labor Heads of other relevant agencies, including the Federal Trade Commission, the Securities Exchange Commission, the Commodity Futures Trading Commission, Federal banking agencies, and the Consumer Financial Protection Bureau |
Measures to Protect Consumers, Investors, and Businesses | |||||
5(b)(ii) | Technical Evaluation |
|
180 days | 9/4/2022 | Office of Science and Technology Policy (Lead Actor) Chief Technology Officer of the United States Department of the Treasury Federal Reserve Board Heads of other relevant agencies |
5(b)(iii) | Report |
|
180 days | 9/4/2022 | Department of Justice (Lead Actor) Department of the Treasury Department of Homeland Security |
5(b)(iv) | Consideration |
Consider the effects the growth of digital assets could have on competition policy. |
No timeline given | - | Department of Justice Federal Trade Commission Consumer Financial Protection Bureau |
5(b)(v) | Consideration |
Consider the extent to which privacy or consumer protection measures within their respective jurisdictions may be used to protect users of digital assets and whether additional measures may be needed. |
No timeline given | - | Federal Trade Commission Consumer Financial Protection Bureau |
5(b)(vi) | Consideration |
Consider the extent to which investor and market protection measures within their respective jurisdictions may be used to address the risks of digital assets and whether additional measures may be needed. |
No timeline given | - | Securities Exchange Commission Commodity Futures Trading Commission Federal Reserve Board Federal Deposit Insurance Corporation Office of the Comptroller of the Currency |
5(b)(vii) | Report |
|
180 days | 9/4/2022 | Office of Science and Technology Policy (Lead Actor) Department of the Treasury Department of Energy Environmental Protection Agency Council of Economic Advisers Assistant to the President and National Climate Advisor Heads of other relevant agencies |
5(b)(viii) | Report Update |
Update the report described in section 5(b)(vii) of the Executive Order. |
Within 1 year of submission of the report described in section 5(b)(vii) |
9/5/2023 | Office of Science and Technology Policy (Lead Actor) Department of the Treasury Department of Energy Environmental Protection Agency Council of Economic Advisers Heads of other relevant agencies |
Actions to Promote Financial Stability, Mitigate Systemic Risk, and Strengthen Market Integrity | |||||
6(b) | Report |
|
210 days | 9/4/2022 | Department of the Treasury Financial Stability Oversight Council |
Actions to Limit Illicit Finance and Associated National Security Risks | |||||
7(b) | Supplemental Annexes |
Each relevant agency may submit supplemental annexes, which may be classified or unclassified, to the National Strategy for Combating Terrorist and Other Illicit Financing (the “National Strategy”) offering additional views on illicit finance risks posed by digital assets, including cryptocurrencies, stable coins, CBDCs, and trends in the use of digital assets by illicit actors. |
90 days from the Submission to Congress of the National Strategy |
- | Department of the Treasury Department of State Department of Justice Department of Commerce Department of Homeland Security Office of Management and Budget Office of Director of National Intelligence Heads of other relevant agencies |
7(c) | Action Plan |
|
120 days from the submission to |
- | Department of the Treasury (Lead Actor) Department of State Department of Justice Department of Commerce Department of Homeland Security Office of Management and Budget Office of Director of National Intelligence Heads of other relevant agencies |
7(d) | Rulemaking Notification |
|
120 days from the completion of the following reports: |
- | Department of the Treasury (Lead Actor) Heads of other relevant agencies |
Policy and Actions Related to Fostering International Cooperation and United States Competitiveness | |||||
8(b)(i) | Framework |
Establish a framework for interagency international engagement with foreign counterparts and in international fora to adapt, update, and enhance adoption of global principles and standards for how digital assets are used and transacted, and to promote development of digital asset and CBDC technologies consistent with United States values and legal requirements. |
120 days | 7/6/2022 | Department of the Treasury (Lead Actor) Department of State Department of Commerce Agency for International Development Heads of other relevant agencies |
(8)(b)(ii) | Report |
Report on priority actions taken under the framework for interagency international engagement with foreign counterparts and its effectiveness. |
1 year from the establishment of |
7/6/2023 | Department of the Treasury (Lead Actor) Department of State Department of Commerce Office of Management and Budget Agency for International Development Heads of other relevant agencies |
8(b)(iii) | Framework |
Establish a framework for enhancing United States economic competitiveness in, and leveraging of, digital asset technologies. |
180 days | 9/4/2022 | Department of Commerce (Lead Actor) Department of State Department of the Treasury Heads of other relevant agencies |
8(b)(iv) | Report |
Report on how to strengthen international law enforcement cooperation for detecting, investigating, and prosecuting criminal activity related to digital assets. |
90 days | 6/6/2022 | Department of Justice (Lead Actor) Department of State Department of the Treasury Department of Homeland Security |
*Lead actors, as indicated by parenthetical, are directed to issue a report, take some other action, or consider a topic. The absence of a parenthetical for any action item means that each agency and/or department identified is individually directed to issue such report, take such action, or consider such topic. |