Industry Advocates Seek Stablecoin Rule Revisions in US, Hong Kong ∞ Regulation

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Briefing

The digital asset industry in both the United States and Hong Kong is actively seeking modifications to recently implemented stablecoin regulations, highlighting critical compliance and operational challenges. In the US, banking groups are advocating for Congress to address a perceived “interest loophole” within the GENIUS Act, arguing that cryptoasset exchanges can circumvent the prohibition on stablecoin issuers paying interest, thereby creating systemic risk. Concurrently, Hong Kong’s crypto industry is raising concerns over the Hong Kong Monetary Authority’s (HKMA) stringent Know Your Customer (KYC) requirements for stablecoin issuers, which became effective on August 1, 2025, citing impracticality for license applicants.

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Context

Prior to these calls for revision, the regulatory landscape for stablecoins was characterized by a push for clarity and consumer protection, exemplified by the US GENIUS Act and Hong Kong’s new stablecoin regime. The GENIUS Act established a federal framework for payment stablecoins, mandating one-to-one backing with safe assets and prohibiting interest payments by issuers. Similarly, Hong Kong implemented its stablecoin rules to enhance anti-money laundering (AML) and countering the financing of terrorism (CFT) measures, alongside tightening custody security requirements for Virtual Asset Trading Platforms (VATPs). The current challenges stem from the practical application of these new, comprehensive frameworks, revealing areas of ambiguity and potential for regulatory arbitrage.

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Analysis

The industry’s push for changes directly impacts the design and implementation of compliance frameworks for stablecoin issuers and digital asset exchanges. In the US, failure to close the GENIUS Act’s interest loophole could necessitate a re-evaluation of product structuring and risk disclosures for platforms offering stablecoin-related yield, potentially creating a two-tiered system where regulated issuers face a competitive disadvantage. For Hong Kong, the rigorous HKMA KYC requirements compel stablecoin issuers to overhaul their customer onboarding and ongoing monitoring protocols, potentially increasing operational costs and deterring new market entrants due to the complexity of compliance. Furthermore, the SFC’s tightening of custody security for VATPs requires immediate updates to operational security and internal control systems, impacting the entire digital asset ecosystem’s risk management posture.

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Parameters

Jurisdiction (US Focus) ∞ United States
Legislation Under Review (US) ∞ GENIUS Act (Guiding and Establishing National Innovation for US Stablecoins Act)
Specific US Concern ∞ “Interest Loophole” allowing crypto exchanges to pay interest on stablecoins
Jurisdiction (Hong Kong Focus) ∞ Hong Kong
Regulatory Body (Hong Kong) ∞ Hong Kong Monetary Authority (HKMA), Securities and Futures Commission (SFC)
Specific HK Concerns ∞ Stringent KYC requirements for stablecoin issuers, tightened custody security for Virtual Asset Trading Platforms (VATPs)
HK Stablecoin Rules Effective Date ∞ August 1, 2025
SFC Custody Circular Date ∞ August 15, 2025

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Outlook

The ongoing dialogue between the private sector and regulators signals a critical phase of refinement for stablecoin frameworks. In the US, the banking industry’s recommendation for a legislative amendment to close the interest loophole suggests potential future congressional action, which could significantly alter the economic models for stablecoin-related services. Hong Kong’s situation may lead to further guidance or adjustments from the HKMA and SFC to balance robust AML/CFT objectives with practical industry implementation, potentially influencing regulatory approaches in other APAC jurisdictions. This iterative process underscores a global trend towards more mature, yet adaptable, digital asset policy.

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Verdict

The concerted industry efforts to amend stablecoin regulations in the US and Hong Kong underscore the imperative for regulatory frameworks to evolve beyond initial enactment, ensuring operational viability and systemic integrity within the maturing digital asset ecosystem.

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