This 12 months, Tether rolled out USAT — launched with U.S. requirements in thoughts and issued by U.S. banking companion Anchorage Digital. To this point, it stays at a comparatively low degree of utilization.
“Non-compliant stablecoins cannot be used by U.S. institutions when the safe harbor expires in 2028, but we don’t expect the market to wait,” said Kevin Wysocki, head of policy at Anchorage Digital, the crypto-native bank that manages a number of stablecoins. He said the company believes institutional users will move toward “compliant, bank-issued digital dollars well ahead of that deadline.”
Do they have two years?
GENIUS included a three-year grace period for compliance, and two years remain, after which U.S. crypto platforms won’t be able to offer stablecoins whose issuers haven’t checked all the regulatory boxes. However, there seems to be some disagreement over whether foreign issuers are meant to enjoy that same safe harbor. Some lawyers in finance assume that Tether gets until July 18, 2028, to comply, but others have suggested that foreign issuers would have to comply the moment GENIUS officially goes live, which is likely six months from now in January.
“Upon the effectiveness of the GENIUS Act, foreign issuers will need to immediately comply with lawful orders to seize and freeze coins held by illicit actors, but they will have a runway of approximately two more years to prepare for the additional requirements so that their coins may remain eligible for listing on U.S. centralized trading platforms,” said Justin Levine, a lawyer at Davis Polk who advises clients on stablecoin issues, adding that one of those remaining requirements — registration with the Office of the Comptroller of the Currency — is likely to require a “significant undertaking”
