Национализация стейблкоинов: риски и защита инвесторов

Nationalization of Stablecoins: Risks and a Practical Guide to Asset Protection

Legal Notice: This article is for informational purposes only and does not
constitute financial or legal advice. Before performing transactions with
large sums, consult with a specialized lawyer and tax advisor in your
jurisdiction.

Introduction: Key risks and a brief action plan.
Global Regulatory Shift: Overview by jurisdiction (USA, EU, Russia).
Risk Matrix: Assessment of probability, impact, and priorities.
Recommendations for Private Holders:
- Self-Custody Checklist.
- Advanced Protection: Passphrase and Multisig.
- Asset Segregation and Diversification.
Recommendations for Corporate Treasuries: Internal Control Policies and
Key Management.
AML Hygiene and Actions Upon Blocking:
Counterparty verification, step-by-step plan, and appeal template.
Tax Consequences and Reporting.
Conclusion: Key Takeaways.
Sources.

1. Introduction

This article is intended for private cryptocurrency holders and corporate
treasury managers. In the context of global tightening of stablecoin regulation,
the key risks include blocking of assets on centralized platforms, loss of
privacy, and regulatory pressure on DeFi protocols.

We offer a practical framework for protecting digital assets, including the
transition to self-custody, implementation of multisig, and strict AML hygiene.

2. Global Regulatory Shift: Overview by Jurisdiction

USA: Enforcement-Led Approach

Regulators (SEC, FinCEN, DOJ) actively apply existing legislation (such as the
Bank Secrecy Act) to monitor the crypto industry. Instead of creating new
laws, authorities utilize enforcement actions.

Examples: OFAC sanctions against the Tornado Cash mixer [1] and the
Bitzlato exchange case [2], demonstrating a focus on suppressing activities
that do not meet AML/KYC standards.

European Union: Comprehensive Regulation (MiCA)

The Markets in Crypto-Assets (MiCA) regulation [3] is being implemented in
stages: rules for stablecoins have been in effect since June 2024, other
provisions — from December 2024. It introduces strict requirements for
issuers: mandatory 1:1 reserves, licensing, and full transparency, turning
stablecoins into fully controlled financial instruments.

Russia: Focus on Monitoring

The primary act is Federal Law No. 259 "On Digital Financial Assets" [4].
Rosfinmonitoring actively tracks transactions, especially in the P2P segment, to
counter illegal activities.

Hypothesis on Protocol-Level Censorship

A speculative hypothesis is being discussed regarding the coercion of large
validators (e.g., on Ethereum) to comply with OFAC sanction lists. Technically,
this is feasible by refusing to include transactions from sanctioned addresses
into blocks [5].

Probability Assessment: Low/Medium. This undermines network neutrality and
could trigger a community-backed blockchain fork.

3. Risk Matrix for Stablecoin Holders

Assessment Criteria:

Probability: High (>50% chance within 1–2 years), Medium (10–50%),
Low (<10%).
Impact: Critical (total/partial loss of assets), High (significant
difficulties), Medium (moderate costs).

Risk	Probability	Impact	Mitigation Measures	Priority
Asset Blocking (by exchange or issuer)	High	Critical	AML verification, self-custody, wallet segregation.	Mandatory
Loss of Privacy & Tax Claims	High	Medium	Transaction record-keeping, legal consultations, non-custodial wallets.	Mandatory
DeFi Protocol Risks (hacks, pressure)	High	High	Use of audited protocols, investment limits.	Recommended
Blocking for Mixer Interaction	High	High	Eliminate direct interaction with anonymous services from primary wallets.	Mandatory
Algorithmic Stablecoin Failure	Medium	Critical	Limit portfolio share, prefer over-collateralized stablecoins.	Recommended

4. Recommendations for Private Holders

Self-Custody Checklist

Device Purchase: Purchase a hardware wallet (Ledger, Trezor) only
from the manufacturer's official website.
Packaging Check: Ensure the integrity of protective seals and the absence
of signs of tampering.
Initialization: Generate the seed phrase on the device itself. Never
take a photo of it or enter it into a computer or smartphone.
Backup: Write the phrase on paper or a metal plate. Store copies in 2–3
geographically distributed secure locations (e.g., a home safe and a bank
safety deposit box).
Test Transaction: Before transferring the main amount, send a small
amount to the wallet, reset the device, and restore it using the seed phrase
to ensure the backup is functional.

Advanced Protection for Large Sums

Passphrase (The "25th Word")

The BIP39 standard supports an optional passphrase that acts as an additional
layer of protection on top of your seed phrase, creating a hidden wallet.

Pros: Protects assets even if your seed phrase is compromised.
Risks: Loss of a passphrase is irreversible and leads to loss of
funds.

Multisig (Multi-Signature)

Technology requiring multiple keys to authorize a transaction.

2/3 Scheme: Two out of three signatures are required to send funds. Keys
can be stored on different devices and in different locations (e.g., hardware
wallet, laptop, bank vault), eliminating a single point of failure.
Solutions: Gnosis Safe (for EVM networks), Electrum (for Bitcoin).
Disclaimer: Managing multisig is more complex and expensive (due to gas
fees). It requires technical literacy.

Asset Segregation and Diversification

Divide assets across different wallets based on objectives:

Cold Wallet (80%): Hardware wallet (preferably with multisig) for
long-term storage. Does not interact with smart contracts.
Hot Wallet (15%): Account on a reliable exchange for active trading.
Working Wallet (5%): Browser wallet (MetaMask) for interacting with
verified DeFi protocols.

Stablecoin Diversification:

Centralized (USDC, USDT): Subject to regulatory risk.
Decentralized with Over-collateralization (DAI, LUSD): Subject to
technological and market risks.
Algorithmic: Avoid or limit share (considering the UST collapse in 2022).

5. Recommendations for Corporate Treasuries

Companies must implement strict internal procedures:

Internal Control Policies: Regulations for asset management, limits, and
a list of permitted operations.
KYC/KYB for Counterparties: Mandatory verification of all partners (Know
Your Business).
Multisig Key Management: A documented policy for storing and transferring
keys. If an employee resigns, their key must be replaced in the multisig
scheme, and the new key set must be certified by an internal act.
Disaster Recovery Plan: A clear action plan in case of key compromise or
loss.

6. AML Hygiene and Actions Upon Blocking

AML Verification

Check counterparty addresses using AML services (Chainalysis, Crystal, AMLBot)
before interaction. Look for connections to high-risk categories (sanctions,
darknet, mixers).

Proof of Funds: Collect data to prove the source of funds: AML reports,
exchange statements, contracts, invoices.

Actions Upon Account Blocking on an Exchange

Request the Reason: Immediately contact support with an official request.
Gather Evidence: Prepare a package of documents confirming the legal
origin of the funds.
Submit an Appeal:

Template for Support Request:

Subject: Inquiry Regarding Account Block [Your User ID] — UID 12345678
Dear Support Team,
My account (UID 12345678) was blocked on [Date]. Please provide the official
reason for the block, including specific transactions or data from the AML
report that led to this decision. I am prepared to provide all necessary
documents to confirm the lawful origin of my funds. Attached are:

AML report for my wallet [Wallet Address], confirming a low risk level.

Statements from the exchange [Exchange Name], from which the funds were
transferred.

Screenshots of transaction history/contracts confirming the source of
income.

I request that you review the decision and unblock my account.
Respectfully,
[Your Name]

Expected Response: 7–30 days.
Escalation: If support does not respond, the next step is to contact the
exchange's Compliance Officer, followed by a specialized lawyer to prepare a
pre-trial claim.

7. Tax Consequences and Reporting

Blockchain transparency makes it easier for tax authorities to track
transactions.

Record-keeping: Record all operations: purchase, sale, exchange, and
staking income.
Consultations: Regularly consult with a tax specialist experienced in
digital assets in your jurisdiction.

8. Conclusion

Tightening stablecoin regulation is a new reality. The following steps are
necessary to protect assets:

Transition to Self-Custody: Use hardware wallets and multisig as the
foundation of security.
Compliance with AML Hygiene: Verify counterparties and maintain
transaction records.
Diversification: Distribute assets among different types of stablecoins
and wallets.
Legal Diligence: Develop internal policies and consult with specialists.

9. Sources

U.S. Department of the Treasury. "Sanctions Notorious Virtual Currency Mixer
Tornado Cash."
Press Release, 2022
U.S. Department of Justice. "Founder of Bitzlato Charged."
Press Release, 2023
Official Journal of the EU. "Regulation (EU) 2023/1114 (MiCA)."
Text
ConsultantPlus. "Federal Law of 31.07.2020 N 259-FZ."
Text of the Law (in Russian)
Merkle Science. "Ethereum’s Post-Merge Censorship Resistance."
Analysis

Nationalization of stablecoins: risks and protection