The new “Bitcoin Law” in El Salvador is misleadingly labelled by many observers as a “legal tender” law, but it is no such thing. Legal tender is an outdated a largely meaningless concept that relates to the narrow technical matter of discharging debts. It is not about forcing merchants, people or indeed governments to accept any particular form of tender.
If we use America as an example then, we see in section 31 U.S.C. 5103 “Legal tender” that “United States coins and currency [including Federal reserve notes and circulating notes of Federal reserve banks and national banks] are legal tender for all debts, public charges, taxes, and dues”. Here is chapter and verse from The Fed commenting on what this statement actually means:
This statute means that all United States money as identified above is a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law which says otherwise.
So let’s ask an interesting question than: would a U.S. central bank digital currency (e$, for short) become legal tender in the future? Here, I think the answer is unequivocal: yes, and in unlimited amounts, because there is no credit risk or counterfeiting risk attached. Hence I am confident in predicting that a transfer of e$ will be considered legal tender and discharge all debts, public charges, taxes and dues. In time, Section 31 U.S.C. 5013 will undoubtedly be extended to say so.
But so what? The physical dollar is legal tender in the U.S. right now just as the physical pound is legal tender in the U.K. right now and plenty of retailers won’t take it. That’s because legal tender laws do not force people to incur debts: you cannot force a merchant to sell you goods for dollars. The merchant is free to accept Bitcoin only if they so want.
is no federal law that forces people to accept dollars as it is, which is why you see municipalities passing local ordinances to force retailers to accept cash. (These ordinances are, by the way, a bad idea but that’s a story for another day.)
Would the U.S. amend legal tender law to go as far as China and force merchants to accept a CBDC? I doubt it. Would the Fed declare any digital currency that meets regulatory approval to be legal tender and retailers will have to accept both physical dollars and digital dollars? It seems unlikely. Would the US accept CBDC for the payment of tax? Actually, that day might not be so far away, as far I as am concerned what is or isn’t accepted for the payment of taxes is a much better measure of what is or isn’t a currency than outdated concepts of legal tender!
Art. 7. Every economic agent must accept bitcoin as payment when offered to him by whoever acquires a good or service.
From El Salvador’s Bitcoin Law: Full English Text | by Avik Roy | Jun, 2021 | FREOPP.org:
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