USDC vs Tether: which is a security?
Likely status under the proposed CLARITY Act, side by side. Last updated Oct 19, 2026.
On current evidence both are rated "Payment stablecoin" (USDC: Medium-High, USDT: Medium confidence). Neither has a stronger case than the other.
Confidence
Main reason
US exchange access
ETFs / CFTC futures
Key official sources
Federal Register (OCC): GENIUS Act implementing rules are still proposed, not final (OCC NPRM). ↗
OCC: OCC conditional approval letter states USDC is currently issued by Circle Internet Financial, LLC under money transmitte… ↗
Congress.gov: Payment stablecoins are governed by the GENIUS Act. USDT is issued by a non-US Tether entity. ↗
CFTC: CFTC complaint against Binance states USDT is a 'commodity' (pre-GENIUS Act). ↗
Questions
Is USDC or Tether more likely to be a security?
On current evidence both are rated "Payment stablecoin" (USDC: Medium-High, USDT: Medium confidence). Neither has a stronger case than the other. Not legal advice.
Is USDC a security?
A payment stablecoin issued by a permitted issuer is excluded from the definition of "security" by the GENIUS Act (Section 17). ClarityCheck rates USDC as a likely payment stablecoin (medium-high confidence). The Act takes effect by Jan 18, 2027 at the latest. Not legal advice.
Is USDT a security?
A payment stablecoin issued by a permitted issuer is excluded from the definition of "security" by the GENIUS Act (Section 17). ClarityCheck rates USDT as a likely payment stablecoin (medium confidence). The Act takes effect by Jan 18, 2027 at the latest. Not legal advice.
Full USDC evidence → · Full USDT evidence →
Not legal, financial or investment advice. The CLARITY Act is not law. Facts are from the linked sources as checked on Oct 19, 2026; please tell us if anything is out of date.