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Heads up: The CLARITY Act is not law. Statuses are rules-based estimates from public evidence, not legal or financial advice.
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USDC vs Tether: which is a security?

Likely status under the proposed CLARITY Act, side by side. Last updated Oct 19, 2026.

Verdict

On current evidence both are rated "Payment stablecoin" (USDC: Medium-High, USDT: Medium confidence). Neither has a stronger case than the other.

USDCUSDC
Likely statusPayment stablecoin
TetherUSDT
Likely statusPayment stablecoin

Confidence

USDC:
USDT:

Main reason

USDC: centralized USD stablecoin; GENIUS Act framework applies (law since Jul 18, 2025; expected effective Jan 18, 2027).
USDT: centralized USD stablecoin; GENIUS Act framework applies (law since Jul 18, 2025; expected effective Jan 18, 2027).

US exchange access

USDC: Coinbase (US incl. NY)
USDT: Not on Coinbase US list

ETFs / CFTC futures

USDC: None found
USDT: None found

Key official sources

USDC: Federal Register (SEC & CFTC): SEC interpretation: offers and sales of 'Covered Stablecoins' (USD-linked, 1:1 redeemable, low-risk reserves) do not inv… ↗
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… ↗
USDT: U.S. Treasury: From the expected effective date (Jan 18, 2027), US platforms may offer foreign-issued payment stablecoins only if the i… ↗
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.