U.S. lawmakers have advanced the GENIUS Act, a federal bill setting strict requirements for stablecoin issuers that could significantly challenge Tether’s dominance. The legislation mandates full backing with cash or U.S. Treasuries, monthly audits by registered firms, transparency of reserves, anti-money laundering safeguards and U.S. registration for issuers with over $10 billion in circulation. Circle’s USDC stands to gain, while Tether’s model faces serious scrutiny if it intends to access U.S. markets.
Tether currently holds approximately $155 billion in USDT tokens, backed in part by volatile assets such as Bitcoin and gold—as well as commercial paper and loans. It discloses reserves via quarterly attestations, though it has never undergone a full independent audit, despite promises since 2017. In contrast, the GENIUS Act requires liquidity in U.S.-based financial institutions and audited transparency certified by company executives, holding them personally liable.
Experts warn that Tether now faces a strategic choice: overhaul its reserve holdings, comply with audits and potentially register under U.S. regulations—or abandon ambitions in the U.S. and pivot towards offshore markets. After relocating its corporate headquarters to El Salvador, Tether appears poised to leverage regulatory gaps via reciprocal agreements—though critics argue this is unlikely to satisfy U.S. authorities.
Steve Gannon, a lawyer specialising in digital assets, suggested that Tether is unlikely to enter U.S. markets until regulations are finalised, as adaptation would require extensive investment in compliance infrastructure. CoinDesk analysis emphasises that foreign issuers could qualify only if regulated by approved jurisdictions and maintain U.S.-based reserves, with oversight from the Office of the Comptroller of the Currency.
By contrast, Circle is well-positioned. USDC is fully backed by cash and Treasury bills, audited monthly and issued by a U.S.-based firm. Following the Senate’s approval of the GENIUS Act, Circle’s share price surged, reflecting investor confidence in its compliance-readiness.
The GENIUS Act also seeks to tighten anti-money laundering and counter-terror financing protocols by integrating stablecoins under the Bank Secrecy Act, with monthly certifications and criminal penalties for lapses. It includes explicit restrictions on stablecoin issuance by lawmakers and their families.
Critics have flagged potential loopholes, warning that offshore entities like Tether could continue servicing U.S. customers through decentralised exchanges—sidestepping rigorous Elm Salvador or other offshore jurisdictions. The Senate bill also bans stablecoins from offering interest, limiting yield-bearing models favoured by some existing issuers.
On financial markets, increased demand from compliant issuers is expected to boost U.S. Treasury purchases. Currently, around $200 billion of assets backing stablecoins are held in Treasuries and repos. Even a modest uptick in USDC issuance could drive multibillion-dollar incremental purchases. A recent study found Tether holds nearly 1.6% of all U.S. Treasury bills, contributing to yield compression equivalent to tens of billions in annual government savings.
Yet uncertainty remains. The GENIUS Act must clear the House and be signed into law, with possible amendments—especially regarding foreign issuance pressures and scope of AML provisions. Senate Banking Committee Democrats have warned of national security risks if the bill doesn’t close offshore loopholes, fearing illicit finance actors could exploit weakly regulated channels.
Tether’s CEO Paolo Ardoino has signalled exploration of a U.S.-compliant stablecoin variant, which would align reserves and governance with federal standards. However, no official timeline has been provided.
Stablecoin proponents say the GENIUS Act brings much‑needed clarity, potentially paving the way for mainstream adoption and institutional participation. Yet critics fear regulatory shortcuts may invite private stablecoins into a system without equal access for central bank digital currencies.
The stakes are high. Tether’s strategic response will shape the competitive landscape. Will it meet U.S. standards or cede space to compliant rivals like Circle? The passage of the GENIUS Act may mark a turning point in crypto policy and redefine stablecoin leadership.
Arabian Post – Crypto News Network
