The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FED), and the Federal Deposit Insurance Corporation (FDIC) have published a joint statement as regards crypto-assets in the banking sector. Therein, the regulators outline the key risks associated with crypto-assets and corresponding activities and engagements in such assets including the following, among others:
– the risk of fraud and deception (due to a lack of ownership transparency);
– the risk of misinformation and theft or loss of assets;
– the risk of severe losses and operational continuity caused by extreme market volatility of some assets; or
– the risk of malpractice in terms of risk management and governance by crypto-asset service providers.
Furthermore, the regulators remind financial institutions that – before they engage in any crypto-asset related activities – they shall ensure that they comply with all federal, state, and local regulations in this context and that any such engagements are sufficiently monitored and risk-managed to ensure a fair treatment of their customers.
The regulators conclude by noting that engagement in crypto-asset services is NOT prohibited as of now, but they will keep a close eye on banks‘ risk management practices in this context, including their policies and procedures for effective risk identification and mitigation.