Office of the Comptroller of the Currency (OCC)

The Office of the Comptroller of the Currency (OCC) is a division of the U.S. Treasury that was established in 1863. Its primary duty is to supervise and regulate national banks, federal savings associations, federal branches, and foreign bank agencies operating in the United States.

The OCC plays a crucial role in maintaining the stability and integrity of the U.S. banking system. By overseeing banks and enforcing regulations, it aims to protect depositors, ensure fair and equitable access to financial services, and promote the safety and soundness of the banking industry as a whole.

The OCC obtains its authority from the U.S. Bank Secrecy Act (BSA) and regularly releases bulletins and advisories to ensure consistent compliance with the BSA’s anti-money laundering (AML) requirements. These regulations are put in place to prevent illicit financial activities, such as money laundering and terrorist financing, within the banking system.

In recent years, the OCC has recognized the growing importance of digital assets, including cryptocurrencies, and has taken steps to provide clarity and guidance to banks operating in this space.

In 2020, under the guidance of former Coinbase executive Brian Brooks, the OCC implemented various progressive digital asset reforms and initiatives with the goal of clarifying its cryptocurrency policy and enabling U.S. banks to provide custodial services to their customers.

One significant reform introduced by Brooks was the interpretation that national banks have the authority to provide cryptocurrency custody services. This means that banks can securely hold their customers’ digital assets and offer services such as safekeeping, transaction processing, and record-keeping. Prior to this, there was uncertainty regarding whether banks could engage in these activities due to regulatory ambiguity.

By allowing banks to offer custodial services for cryptocurrencies, the OCC aims to increase the adoption of digital assets and promote the integration of traditional financial services with the emerging blockchain technology. This move has the potential to bridge the gap between the traditional banking system and the world of cryptocurrencies, providing customers with more secure and regulated avenues for managing their digital assets.

However, it is important to note that the OCC’s stance on cryptocurrencies is not set in stone, and it can be subject to change based on leadership and regulatory priorities.

In May 2021, the OCC’s new Acting Comptroller Michael Hsu expressed a more cautious position on cryptocurrencies and indicated a potential review of Brooks’ reforms. This reflects the dynamic nature of the cryptocurrency industry and the need for regulatory bodies to continually reassess and adapt their policies to ensure they are effective and appropriate.

It is worth mentioning that the OCC’s role in the cryptocurrency space is primarily focused on banks and ensuring their compliance with applicable regulations. It does not directly regulate cryptocurrencies themselves or determine their legal status. Instead, it sets guidelines for how banks can engage with digital assets while adhering to existing laws.

In conclusion, the Office of the Comptroller of the Currency (OCC) serves as an important regulatory body in the United States, overseeing and regulating national banks and other financial institutions. While its primary mandate is to ensure the safety and soundness of the banking system, it has also recognized the growing significance of cryptocurrencies and has taken steps to provide guidance to banks operating in this space. By allowing banks to offer custodial services for digital assets, the OCC aims to foster innovation and promote the integration of traditional finance with blockchain technology. However, it is important to stay updated with any potential changes in OCC’s stance on cryptocurrencies, as regulatory priorities can evolve over time.