US Treasury Proposes New Rules to Combat Illicit Crypto Mixing Activities

On October 19, 2023, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced a Notice of Proposed Rule Making (NPRM) aimed at enhancing transparency in Convertible Virtual Currency (CVC) mixing services. These services have been identified as tools used by terrorist groups and criminal organizations, including Hamas and the Democratic People’s Republic of Korea (DPRK), to launder funds and obscure illicit financial activities.

The proposed regulation seeks to address the risks posed by CVC mixing, which can mask the origins of cryptocurrency transactions, posing severe national security threats. Under the new rule, financial institutions would be required to report any transactions involving CVC mixing activities occurring outside the United States. This marks the first time Section 311 authority is being leveraged to specifically target these transactions.

This NPRM builds on prior Treasury measures taken in 2022, which targeted virtual asset mixers like Blender.io and Tornado Cash for facilitating illicit cryptocurrency flows. The rules aim to create clearer transparency around crypto mixing to ensure better oversight and reduce abuse.

Stakeholders and the public have the opportunity to review the proposed rule and submit comments within 90 days of its official publication in the Federal Register. The full NPRM is accessible on the Federal Register website for those interested in details.

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