About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (November 10, 2021)

handle is hein.crs/goveeuf0001 and id is 1 raw text is: Congressional Research Service
SIna    r  in the Cklative debate ne y
Stablecoins: Background and Policy Issues

Stablecoins are digital assets generally designed to maintain
a stable value by linking the value to a national currency or
other reference assets. The term stablecoin does not affirm
that a particular coin actually achieves a stable value. Some
consider terms such as private asset-linked tokens as better
descriptors considering the nature of the instruments. The
top four stablecoins by value (Tether, USD Coin, Binance
USD, and Dai) reached around $128 billion in market
capitalization as of November 10, 2021, according to
CoinMarketCap.
Many stablecoins have different operational structures and
reserve compositions (Figure 1). Reserve assets backing
stablecoins could include fiat currencies, traditional
financial assets, or other digital assets and algorithms.
Many stablecoins at the current stage of development are
primarily used for payments functions to facilitate digital
asset trading and lending. Although stablecoins represent a
small fraction (5%) of the digital asset industry's total
value, they facilitate more than 75% of trading on all digital
asset trading platforms as of October 31, 2021. Stablecoin-
related policy concerns include issues related to market
integrity, investor protection, financial stability, monetary
policy, payments, and illicit activity prevention.
Figure I. Stablecoin Reserve Composition
csh/Ba  depshs/Commerciai Corporate
Tetur bnis        paper       bonds
Tether                                    j
($63b)
USD Coin
($27b)
Sinance
UsD ($12b)
DA [$6Ub)                             Coij
0%       25%       50%      75%6      100%
Source: CRS based on data from International Monetary Fund,
Global Financial Stability Report Chapter 2, October 2021, p. 8,
https://www.imf.org/-/media/Files/Publications/GFSR/202 I/October/
English/ch2.ashx.
Functions and Structures
Stablecoins' use could find parallels in traditional payment
systems, banking, or other forms of financial infrastructure
service. In addition, stablecoins' management and
structuring of the reserve funds resemble existing practices
at money market mutual funds (MMFs) and exchange-
traded funds (ETFs).

November 10, 2021

Stablecoins' Investment Fund-Like Structure
Stablecoins often have reserve asset portfolios that hold
assets backing the coins' values. Many industry observers
and some regulators believe that the general processes
involving stablecoins' creation, distribution, and
redemption and the mechanism of keeping the stablecoin
price in line with the value of the reserve basket is similar
to certain common types of investment structures, such as
ETFs and MMFs, which are regulated by the Securities and
Exchange Commission (SEC).
Some stablecoins' perceived investment fund structure has
captured congressional attention in recent years. For
example, the Meta Platforms-backed stablecoin Diem
(formerly known as Facebook-backed Libra) has attracted
congressional inquiries since its announcement in 2019. At
related congressional hearings, Facebook received multiple
questions regarding whether Libra was an ETF and how it
should be regulated. Facebook argued at the time that Libra
was a payment tool instead of an investment vehicle
because you cannot use an ETF for payments and
believed it did not meet the legal criteria used to determine
if a financial instrument is a security. In the ensuing years,
the firm also launched its digital wallet pilot program
(Novi) and paired it with USDP, an existing stablecoin from
Paxos. Five Senators wrote a letter to Facebook in October
2021 to urge the company to immediately discontinue your
Novi pilot and to commit that you will not bring Diem to
market.
If a stablecoin were to be deemed an ETF or MMF (either
through interpretation of the existing legal frameworks and
SEC authorities or the creation of new frameworks and
authorities through legislation), it would be required to
comply with the SEC's regulatory regime governing
securities, investment advisors, and investment companies.
In this case, SEC approval would be required to launch
stablecoin projects.
Stablecoins' Money and Payment Features
Some observers also consider stablecoins to offer parallels
to money and payment systems. They view stablecoins as a
new form of private money that closely resembles the
wildcat banknotes of the mid-19th century. During the
wildcat or free banking era (1837-1863), state-
chartered banks issued their own currencies and sometimes
refused to redeem the currency for precious metals as they
had promised they would. This era ended with the National
Bank Act of 1863, which established the Office of the
Comptroller of the Currency (OCC) and charged it with
responsibility for nationally chartered banks and a uniform
national currency. When discussing stablecoins, some
regulators reference the wildcat era, questioning the long-
term viability for five or six thousand private forms of

https://crsreports.congress~gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most