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Executive Order 14067 PDF Free Download, Ensuring Responsible Development of Digital Assets PDF Free Download, Digital Asset Competitiveness Report PDF.
By The Authority Vested In Me As President By The Constitution And The Laws Of The United States Of America, It Is Hereby Ordered As Follows:
Section 1. Policy. Advances In Digital And Distributed Ledger Technology For Financial Services Have Led To Dramatic Growth In Markets For Digital Assets, With Profound Implications For The Protection Of Consumers, Investors, And Businesses, Including Data Privacy And Security; Financial Stability And Systemic Risk; Crime; National Security; The Ability To Exercise Human Rights;
Financial Inclusion And Equity; And Energy Demand And Climate Change. In November 2021, Non-state Issued Digital Assets Reached A Combined Market Capitalization Of $3 Trillion, Up From Approximately $14 Billion In Early November 2016. Monetary Authorities Globally Are Also Exploring, And In Some Cases Introducing, Central Bank Digital Currencies (Cbdcs).
While Many Activities Involving Digital Assets Are Within The Scope Of Existing Domestic Laws And Regulations, An Area Where The United States Has Been A Global Leader, Growing Development And Adoption Of Digital Assets And Related Innovations, As Well As Inconsistent Controls To Defend Against Certain Key Risks, Necessitate An Evolution And Alignment Of The United States Government Approach To Digital Assets.
The United States Has An Interest In Responsible Financial Innovation, Expanding Access To Safe And Affordable Financial Services, And Reducing The Cost Of Domestic And Cross-border Funds Transfers And Payments, Including Through The Continued Modernization Of Public Payment Systems.
We Must Take Strong Steps To Reduce The Risks That Digital Assets Could Pose To Consumers, Investors, And Business Protections; Financial Stability And Financial System Integrity; Combating And Preventing Crime And Illicit Finance; National Security; The Ability To Exercise Human Rights; Financial Inclusion And Equity; And Climate Change And Pollution.
Sec. 2. Objectives. The Principal Policy Objectives Of The United States With Respect To Digital Assets Are As Follows:
(A) We Must Protect Consumers, Investors, And Businesses In The United States. The Unique And Varied Features Of Digital Assets Can Pose Significant Financial Risks To Consumers, Investors, And Businesses If Appropriate Protections Are Not In Place.
In The Absence Of Sufficient Oversight And Standards, Firms Providing Digital Asset Services May Provide Inadequate Protections For Sensitive Financial Data, Custodial And Other Arrangements Relating To Customer Assets And Funds, Or Disclosures Of Risks Associated With Investment.
Cybersecurity And Market Failures At Major Digital Asset Exchanges And Trading Platforms Have Resulted In Billions Of Dollars In Losses.
The United States Should Ensure That Safeguards Are In Place And Promote The Responsible Development Of Digital Assets To Protect Consumers, Investors, And Businesses; Maintain Privacy; And Shield Against Arbitrary Or Unlawful Surveillance, Which Can Contribute To Human Rights Abuses.
(B) We Must Protect United States And Global Financial Stability And Mitigate Systemic Risk. Some Digital Asset Trading Platforms And Service Providers Have Grown Rapidly In Size And Complexity And May Not Be Subject To Or In Compliance With Appropriate Regulations Or Supervision.
Digital Asset Issuers, Exchanges And Trading Platforms, And Intermediaries Whose Activities May Increase Risks To Financial Stability, Should, As Appropriate, Be Subject To And In Compliance With Regulatory And Supervisory Standards That Govern Traditional Market Infrastructures And Financial Firms, In Line With The General Principle Of “Same Business, Same Risks, Same Rules.”
The New And Unique Uses And Functions That Digital Assets Can Facilitate May Create Additional Economic And Financial Risks Requiring An Evolution To A Regulatory Approach That Adequately Addresses Those Risks.
(C) We Must Mitigate The Illicit Finance And National Security Risks Posed By Misuse Of Digital Assets. Digital Assets May Pose Significant Illicit Finance Risks, Including Money Laundering, Cybercrime And Ransomware, Narcotics And Human Trafficking, And Terrorism And Proliferation Financing.
Digital Assets May Also Be Used As A Tool To Circumvent United States And Foreign Financial Sanctions Regimes And Other Tools And Authorities. Further, While The United States Has Been A Leader In Setting International Standards For The Regulation And Supervision Of Digital Assets For Anti-money Laundering And Countering The Financing Of Terrorism (Aml/cft),
Poor Or Nonexistent Implementation Of Those Standards In Some Jurisdictions Abroad Can Present Significant Illicit Financing Risks For The United States And Global Financial Systems. Illicit Actors, Including The Perpetrators Of Ransomware Incidents And Other Cybercrime, Often Launder And Cash Out Of Their Illicit Proceeds Using Digital Asset Service Providers In Jurisdictions That Have Not Yet Effectively Implemented The International Standards Set By The Inter-governmental Financial Action Task Force (Fatf).
The Continued Availability Of Service Providers In Jurisdictions Where International Aml/cft Standards Are Not Effectively Implemented Enables Financial Activity Without Illicit Finance Controls. Growth In Decentralized Financial Ecosystems, Peer-to-peer Payment Activity, And Obscured Blockchain Ledgers Without Controls To Mitigate Illicit Finance Could Also Present Additional Market And National Security Risks In The Future.
The United States Must Ensure Appropriate Controls And Accountability For Current And Future Digital Assets Systems To Promote High Standards For Transparency, Privacy, And Security—including Through Regulatory, Governance, And Technological Measures—that Counter Illicit Activities And Preserve Or Enhance The Efficacy Of Our National Security Tools.
When Digital Assets Are Abused Or Used In Illicit Ways, Or Undermine National Security, It Is In The National Interest To Take Actions To Mitigate These Illicit Finance And National Security Risks Through Regulation, Oversight, Law Enforcement Action, Or Use Of Other United States Government Authorities.
(D) We Must Reinforce United States Leadership In The Global Financial System And In Technological And Economic Competitiveness, Including Through The Responsible Development Of Payment Innovations And Digital Assets.
The United States Has An Interest In Ensuring That It Remains At The Forefront Of Responsible Development And Design Of Digital Assets And The Technology That Underpins New Forms Of Payments And Capital Flows In The International Financial System, Particularly In Setting Standards That Promote: Democratic Values; The Rule Of Law; Privacy; The Protection Of Consumers, Investors, And Businesses;
And Interoperability With Digital Platforms, Legacy Architecture, And International Payment Systems. The United States Derives Significant Economic And National Security Benefits From The Central Role That The United States Dollar And United States Financial Institutions And Markets Play In The Global Financial System. Continued United States Leadership In The Global Financial System Will Sustain United States Financial Power And Promote United States Economic Interests.
(E) We Must Promote Access To Safe And Affordable Financial Services. Many Americans Are Underbanked And The Costs Of Cross-border Money Transfers And Payments Are High. The United States Has A Strong Interest In Promoting Responsible Innovation That Expands Equitable Access To Financial Services,
Particularly For Those Americans Underserved By The Traditional Banking System, Including By Making Investments And Domestic And Cross-border Funds Transfers And Payments Cheaper, Faster, And Safer, And By Promoting Greater And More Cost-efficient Access To Financial Products And Services. The United States Also Has An Interest In Ensuring That The Benefits Of Financial Innovation Are Enjoyed Equitably By All Americans And That Any Disparate Impacts Of Financial Innovation Are Mitigated.
(F) We Must Support Technological Advances That Promote Responsible Development And Use Of Digital Assets. The Technological Architecture Of Different Digital Assets Has Substantial Implications For Privacy, National Security, The Operational Security And Resilience Of Financial Systems, Climate Change, The Ability To Exercise Human Rights, And Other National Goals.
The United States Has An Interest In Ensuring That Digital Asset Technologies And The Digital Payments Ecosystem Are Developed, Designed, And Implemented In A Responsible Manner That Includes Privacy And Security In Their Architecture, Integrates Features And Controls That Defend Against Illicit Exploitation, And Reduces Negative Climate Impacts And Environmental Pollution, As May Result From Some Cryptocurrency Mining.
Sec. 3. Coordination. The Assistant To The President For National Security Affairs (Apnsa) And The Assistant To The President For Economic Policy (Apep) Shall Coordinate, Through The Interagency Process Described In National Security Memorandum 2 Of February 4, 2021 (Renewing The National Security Council System), The Executive Branch Actions Necessary To Implement This Order.
The Interagency Process Shall Include, As Appropriate: The Secretary Of State, The Secretary Of The Treasury, The Secretary Of Defense, The Attorney General, The Secretary Of Commerce, The Secretary Of Labor, The Secretary Of Energy, The Secretary Of Homeland Security, The Administrator Of The Environmental Protection Agency,
The Director Of The Office Of Management And Budget, The Director Of National Intelligence, The Director Of The Domestic Policy Council, The Chair Of The Council Of Economic Advisers, The Director Of The Office Of Science And Technology Policy, The Administrator Of The Office Of Information And Regulatory Affairs, The Director Of The National Science Foundation, And The Administrator Of The United States Agency For International Development.
Representatives Of Other Executive Departments And Agencies (Agencies) And Other Senior Officials May Be Invited To Attend Interagency Meetings As Appropriate, Including, With Due Respect For Their Regulatory Independence, Representatives Of The Board Of Governors Of The Federal Reserve System, The Consumer Financial Protection Bureau (Cfpb),
The Federal Trade Commission (Ftc), The Securities And Exchange Commission (Sec), The Commodity Futures Trading Commission (Cftc), The Federal Deposit Insurance Corporation, The Office Of The Comptroller Of The Currency, And Other Federal Regulatory Agencies.
Sec. 4. Policy And Actions Related To United States Central Bank Digital Currencies. (A) The Policy Of My Administration On A United States Cbdc Is As Follows:
(I) Sovereign Money Is At The Core Of A Well-functioning Financial System, Macroeconomic Stabilization Policies, And Economic Growth. My Administration Places The Highest Urgency On Research And Development Efforts Into The Potential Design And Deployment Options Of A United States Cbdc.
These Efforts Should Include Assessments Of Possible Benefits And Risks For Consumers, Investors, And Businesses; Financial Stability And Systemic Risk; Payment Systems; National Security; The Ability To Exercise Human Rights; Financial Inclusion And Equity; And The Actions Required To Launch A United States Cbdc If Doing So Is Deemed To Be In The National Interest.
(Ii) My Administration Sees Merit In Showcasing United States Leadership And Participation In International Fora Related To Cbdcs And In Multi Country Conversations And Pilot Projects Involving Cbdcs.
Any Future Dollar Payment System Should Be Designed In A Way That Is Consistent With United States Priorities (As Outlined In Section 4(A)(I) Of This Order) And Democratic Values, Including Privacy Protections, And That Ensures The Global Financial System Has Appropriate Transparency, Connectivity, And Platform And Architecture Interoperability Or Transferability, As Appropriate.
(Iii) A United States Cbdc May Have The Potential To Support Efficient And Low-cost Transactions, Particularly For Cross Border Funds Transfers And Payments, And To Foster Greater Access To The Financial System, With Fewer Of The Risks Posed By Private Sector-administered Digital Assets.
A United States Cbdc That Is Interoperable With Cbdcs Issued By Other Monetary Authorities Could Facilitate Faster And Lower-cost Cross-border Payments And Potentially Boost Economic Growth, Support The Continued Centrality Of The United States Within The International Financial System,
And Help To Protect The Unique Role That The Dollar Plays In Global Finance. There Are Also, However, Potential Risks And Downsides To Consider. We Should Prioritize Timely Assessments Of Potential Benefits And Risks Under Various Designs To Ensure That The United States Remains A Leader In The International Financial System.
(B) Within 180 Days Of The Date Of This Order, The Secretary Of The Treasury, In Consultation With The Secretary Of State, The Attorney General, The Secretary Of Commerce, The Secretary Of Homeland Security, The Director Of The Office Of Management And Budget, The Director Of National Intelligence, And The Heads Of Other Relevant Agencies, Shall Submit To The President A Report On The Future Of Money And Payment Systems,
Including The Conditions That Drive Broad Adoption Of Digital Assets; The Extent To Which Technological Innovation May Influence These Outcomes; And The Implications For The United States Financial System, The Modernization Of And Changes To Payment Systems,
Economic Growth, Financial Inclusion, And National Security. This Report Shall Be Coordinated Through The Interagency Process Described In Section 3 Of This Order. Based On The Potential United States Cbdc Design Options, This Report Shall Include An Analysis Of:
(I) The Potential Implications Of A United States Cbdc, Based On The Possible Design Choices, For National Interests, Including Implications For Economic Growth And Stability;
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