"Our products are perfectly legal to sell in the U.S. for companies that have the appropriate license. We intend to comply with whatever regulations are required of us in order to continue to sell our products both domestically and abroad. "
That sounds like waffle speak to me. You are the guys selling the products. Either you have the appropriate licenses or you don't. What licenses do you currently have?
As you say, compliance is very expensive ..... if the biggest player just shuts down instantly, I have to wonder about other US producers of physical bitcoins.
Not waffle speak...its just a complex area in which the laws are currently evolving.
Money Service Businesses fall under a few different categories, including currency exchanges and money transmitters. The FinCEN definition of "money transmitter" is vague enough to cover sending pretty much anything of value from person A to person B. When the regulations were drafted, it wasn't a big deal because everyone knew what money was and it was very clear who was and was not a money transmitter.
Bitcoins represent peer-to-peer money transmission, and the regulations just weren't designed to accommodate such a radical departure from the previous way money has been thought of. We expect these regulations to change in the next 6-12 months.
In the meantime, we are federally registered as an MSB. Our original conversations with FinCEN led us to register as a currency exchange but we have since submitted an updated registration as a money transmitter. Registering state by state is also technically required in 48 out of the 50 states, and that is a process that requires review of the each state's policies. We're working through the review of state policies and planning where registration will likely be required. Typically the application to become an MSB in a particular state is preempted by sending a request for ruling letter to determine whether or not the state wants you to register at all. Most states laws are simply not equipped to address businesses that deal with bitcoins, and many state lawmakers do not understand how regulations should be applied or whether they should be applied at all. If registration is required, it usually means that a surety bond has to be provided in an amount meant to protect the consumer from fraudulent money transmitters. This bond can cost as much as 2% of annual gross transmission volume when required.
Mike was the first, and he did an amazing job at bringing Casascius coins to this community in the best way possible. I personally think that Mike could adapt the business to comply with FinCEN's request, but it's not my decision.
The U.S. government did not shut down Casascius. Mr. Caldwell has chosen to shut down for now because of the uncertainty in the regulatory requirements.