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FDIC Eases Crypto Rules, Banks No Longer Need Pre-Approval

Coin WorldSaturday, Mar 29, 2025 12:11 pm ET
2min read

The Federal Deposit Insurance Corporation (FDIC) has issued updated guidance on its supervisory expectations for state-chartered institutions seeking to engage with or interact with the cryptocurrency space. This new policy allows eligible crypto-related activities to be performed without any advance FDIC approval, provided that FDIC-supervised institutions effectively mitigate the applicable risks. This move marks a significant departure from the previous administration's strict approach, which required banks to notify the FDIC of any crypto-ventures prior to doing so.

This policy reversal is cemented by Financial Institution Letter (FIL-7-2025), which rescinds the earlier FIL-16-2022. Acting Chairman Travis Hill emphasized that the FDIC is “turning the page on the flawed approach of the last three years” and that additional actions will follow to clarify how banks can safely engage in crypto and blockchain activities. Hill has criticized the FDIC’s previous treatment of crypto, stating that the agency sent more than 20 letters to banks asking them to stop or postpone crypto-related activities without any formal rule-making process. He has advocated for a reassessment of BSA enforcement across financial institutions, emphasizing that compliance with the BSA should not serve as an implicit excuse for restricting banking access.

This step aligns with the Office of the Comptroller of the Currency (OCC), which recently reiterated that national banks and federal savings associations are permitted to conduct crypto-asset custody, stablecoin activities, and join independent node verification networks. Acting Comptroller of the Currency Rodney E. Hood stated that OCC expects banks to apply the same risk management controls to crypto as with traditional activity, adding that this shift reduces the regulatory burden on banks engaging in crypto activities. This change suggests a coordinated effort among regulatory agencies to offer an improved, more streamlined framework for crypto-related activities in the banking sector.

Ask Aime: What impact will the new FDIC guidelines have on the future of cryptocurrency banking in the US?

This policy change has been welcomed by those in the industry. Rob Nichols, president and CEO of the American Bankers Association, welcomed the new guidance from the FDIC, which permits supervised entities to undertake certain crypto-affiliated business without seeking prior FDIC approval. He noted that America’s banks were actively seeking to meet the challenge in a safe and responsible manner through the ecosystem of financial services and labeled the regulatory clarity that was necessary to foster that innovation as critical. Other observers are more cautious, warning that the next financial crash could be severe and suggesting that the risk management requirements could be too weak.

The FDIC still wants banks to manage the risks behind crypto with market volatility, liquidity issues, operational and cyber threats, consumer protection requirements, and anti-money laundering (AML) concerns. The agency recommends that institutions work closely with their supervisory teams during the process. This signals that not only is the door open but that it will come with clear expectations of responsible behavior. The FDIC’s decision could unlock significant capital in the cryptocurrency sector, as banks reassess whether they can support digital asset firms and provide crypto services. Such a move could help bring digital parts further into the fold of traditional banking, significantly changing the trajectory of finance as we know it.

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