In a joint statement, the CFTC, FinCEN and the SEC reminded firms engaged in digital asset
transactions to comply with the AML and countering the financing of
terrorism ("CFT") obligations under the Bank
Secrecy Act ("BSA").
Agency leaders underscored the "financial
institutions" subject to the obligations, including futures
commission merchants ("FCMs") and introducing brokers
("IBs") obligated to register with the CFTC, money
services businesses ("MSBs") obligated to register with
FinCEN, and broker-dealers and mutual funds obligated to register
with the SEC. The agencies also reminded financial institutions
that the categorization of "digital assets" as
securities, commodities, futures, or swaps is determined for
regulatory purposes by the relevant facts and circumstances, not by
any label or terminology market participants use to describe a
particular digital asset.