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Skip to content The powers vested in me as President by the Constitution and laws of the United States are hereby set forth as follows: Section 1. Principles. Advances in digital and distributed ledger technologies for financial services have led to dramatic growth in digital asset markets with significant implications for consumer, investor and business protection, including privacy and security; financial stability and systemic risk; Crime; National Security; ability to exercise human rights; financial inclusion and equity; energy demand and climate change. In November 2021, non-governmental digital assets reached a total market capitalization of $3 trillion, up from around $14 trillion at the beginning of November 2016. Monetary authorities around the world are also exploring and in some cases implementing central bank digital currencies (CBDCs). While many activities related to digital assets are subject to existing national laws and regulations, one area where the United States is a global leader is the growing development and adoption of digital assets and related innovation, as well as patchy controls to protect against some of the major ones. Risks include the need to evolve and harmonize the US governments approach to digital assets. The United States is interested in responsible financial innovation, expanding access to safe and affordable financial services, and reducing the costs of domestic and cross-border transfers and payments, including further modernization of domestic payment systems. We must take strong measures to mitigate the risks that digital assets could pose to consumers, investors and business protection; financial stability and integrity of the financial system; combating and preventing crime and illicit financing; National Security; ability to exercise human rights; financial inclusion and equity; and climate change and pollution.Sec. 2. Objectives. main policyUnited States regarding digital assets are: (a) we must protect consumers, investors, and businesses in the United States. The unique and diverse nature of digital assets can pose significant financial risks to consumers, investors, and businesses if appropriate safeguards are not put in place. In the absence of sufficient oversight and standards, digital asset services companies may provide inadequate protection of sensitive financial data, custody and other measures for client assets and funds, or disclosure of investment risks. Cyber security and market imperfections on major digital asset exchanges and trading platforms have resulted in billions of dollars in losses. The US must provide adequate safeguards and encourage the responsible development of digital assets to protect consumers, investors, and businesses; maintain confidentiality; and protect against arbitrary or unlawful surveillance that may contribute to human rights violations. (b) We must protect the United States and global financial stability and reduce systemic risk. Some digital asset trading platforms and service providers have rapidly grown in size and complexity and may not be subject to or comply with relevant regulations or supervision. Issuers of digital assets, exchanges and trading platforms, and intermediaries whose activities may pose risks to financial stability should comply with and comply with the regulatory and supervisory standards governing traditional market infrastructures and financial companies, where appropriate, in accordance with the general same business, same risk, same rules. The new and unique uses and functionality that digital resources can facilitate may create additional economic and financial risks that require the development of a regulatory approach that adequately addresses these risks. (c) We must reduce the illicit financial and national security risks associated with the misuse of digital assets.Assets can pose significant illicit financial risks, including money laundering, cybercrime and ransomware, drug and human trafficking, and the financing of terrorism and the proliferation of weapons of mass destruction. Digital assets can also be used as a tool to circumvent financial sanctions imposed by the US and other countries, as well as other tools and authorities. While the United States is a leader in setting international standards for the regulation and supervision of digital assets to combat money laundering and the financing of terrorism (AMLCFT), implementation of these standards in some foreign jurisdictions is weak or non-existent in United States states and global financial systems they pose a significant risk of illicit financing. Illicit actors, including those responsible for ransomware incidents and other cybercrimes, often launder and collect their illicit proceeds through digital asset service providers in jurisdictions that have not yet effectively implemented the international standards set by the Intergovernmental Task Force on Countering Money Laundering (FATF). The constant availability of service providers in countries where international AMLCFT standards are not effectively applied allows financial activities to be carried out without illegal financial control. The emergence of decentralized financial ecosystems, peer-to-peer payment activities and blockchain hidden ledgers without illicit finance control may also pose additional risks to the market and national security in the future. The United States must ensure appropriate oversight and accountability for current and future digital asset systems to promote high standards of transparency, privacy, and security, including through regulatory, governance, and technology measures that prevent and maintain illegal activities or enhance our national security tools . When digital assets are being misused or illegally used or national security is at risk, it is in the national interest to take steps to mitigate the consequences.

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