US Government Removes Cryptocurrency AML Provisions from NDAA

The U.S. government recently took important steps to remove two key provisions from the National Defense Authorization Act (NDAA) to address anti-money laundering (AML) issues in the cryptocurrency space. The move marks a notable shift in the government’s approach to digital asset regulation.

Legislative background and provisions

The NDAA, a bill primarily intended to authorize the nation’s Department of Defense spending, often includes various amendments. In this context, the two amendments specifically targeted supervision of cryptocurrency transactions to mitigate money laundering risks.

Risk-Based Vetting System: The first provision included the U.S. Secretary of the Treasury working with banks and government regulators to establish a comprehensive review system for financial institutions that handle cryptocurrencies. The system is designed to focus on risk assessment and compliance with existing AML frameworks.

Prevention of anonymous trading: The second provision addressed anonymous crypto asset trading, particularly those involving crypto mixers and tumblers. This mandated detailed reporting on transaction volumes involving sanctioned entities and regulatory actions taken by other jurisdictions in this regard.

meaning of removal

As evidenced by the removal of these provisions, it is clear that the U.S. government has changed its stance on strong cryptocurrency laws, especially those related to anti-money laundering. The decision was made following recent discussions on concerns about the financing of terrorism and the facilitation of money laundering through cryptocurrencies. In a hearing held on November 15, the U.S. House of Representatives Financial Services Committee discussed illegal activities occurring within the cryptocurrency ecosystem. These activities included the role played by exchanges and decentralized finance providers in combating money laundering and terrorist financing.

The Digital Asset Anti-Money Laundering Act and the Responsible Finance Innovation Act, enacted in 2022, were the initial sources of inspiration for the amendments. These bills are intended to put in place safeguards against cryptocurrency business outbreaks comparable to the collapse of FTX. This was brought up by a group of senators including Cynthia Lummis, Elizabeth Warren, Kirsten Gillibrand and Roger Marshall.

The introduction of cryptocurrency-related anti-money laundering measures in the National Defense Authorization Act (NDAA) highlights the ongoing controversy and complexity surrounding Bitcoin legislation. Despite the US government’s more cautious stance in imposing strict regulations on the cryptocurrency industry, questions are also raised about the future direction of anti-money laundering efforts in the digital asset sector.

Image source: Shutterstock