OCC Clarifies Banks Can Hold Crypto to Pay Network Fees
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Every week, the crypto sector receives a little more regulatory clarity. The Office of the Comptroller of the Currency (OCC), the banking regulator under the Treasury Department, has confirmed that domestic banks can hold and use cryptocurrencies to pay blockchain network fees, commonly referred to as gas fees. This directive specifies how banks can manage these assets for operational purposes while complying with regulatory requirements.

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In brief

  • The OCC confirms that domestic banks can use crypto to pay network fees related to permitted activities.
  • Banks are allowed to keep the necessary amount of crypto on their balance sheet to cover these costs.
  • This clarification marks an evolution compared to previous administrations and provides a clearer framework for banks engaged in digital assets.

OCC Guidelines on Using Crypto

The OCC issued Interpretative Letter No. 1186 on Tuesday, stating that banks can use cryptoassets to cover network fees in permitted crypto activities. The directive also allows banks to keep on their balance sheets the quantity of digital assets necessary for these uses.

The letter also specifies that: “Banks may hold principal amounts of cryptoassets necessary to test permitted cryptoasset-related platforms, whether developed internally or acquired from a third party. »

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Adam Cohen, principal deputy comptroller and chief legal counsel for the OCC, explains that this update allows banks to continue their current activities without additional risks or complications. It also offers them the possibility of holding the necessary assets themselves, without depending on external suppliers.

Regulatory developments between administrations

This clarification highlights the differences in regulatory approach between American administrations. Under Trump, the OCC had adopted a pro-digital asset policy, encouraging innovation in banking services using cryptos. Conversely, under the Biden administration, the OCC has imposed a more cautious approach, requiring domestic banks to obtain pre-approval before operating most crypto-related services.

During this period, federal banking regulators warned banks against activities deemed risky, such as using public decentralized protocols. These restrictions have severely limited the ability of federally chartered banks to develop initiatives related to digital assets.

OCC guidelines pave the way for banking use of cryptocurrencies

The Trump administration, however, reversed previous guidelines that discouraged participation in cryptocurrencies. At the same time, in July, the Federal Reserve and the OCC have published coordinated guidelines clarifying how existing banking regulations apply to banks managing digital assets for their customers, thereby strengthening the legal framework for banks' engagement in the cryptocurrency sector.

This directive brings significant clarity to the regulatory space, allowing major U.S. banks to integrate blockchain technology into their traditional functions. The OCC's formal authorization, allowing banks to manage cryptocurrencies to pay network fees and test platforms, paves the way for a more proactive role for institutions in the crypto ecosystem. This regulatory certainty is expected to encourage broader innovation and adoption of digital asset-related services in the banking sector, bridging the gap between conventional finance and emerging blockchain technologies.

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