rule-making

This week, U.S. cryptocurrency policy has seen intensive progress. The Trump administration has pushed for new advancements in the CLARITY Act, the SEC has proposed a draft of regulatory rules for cryptocurrency assets for the first time, and the CFTC has stated that if congressional legislation stalls, it will promote the establishment of an independent regulatory framework for the cryptocurrency market. Trump met with leaders from several cryptocurrency companies at the White House this week and publicly called on Congress to pass a "fair version" of the CLARITY Act. Representatives from Coinbase, a16z, Ripple, Kraken, and other industry participants attended the meeting, focusing on the bill's impact on U.S. jobs, innovation, and attracting cryptocurrency companies back. Currently, the main obstacles to advancing the bill are concentrated on certain ethical clauses. Trump believes that the relevant provisions may target individuals, but industry insiders are pushing both sides to find a compromise to facilitate bipartisan support.CFTC Chairman Mike Selig stated that the CLARITY Act is key to avoiding regulatory uncertainty. If Congress continues to delay, the CFTC will use its existing authority to formulate regulatory rules for the cryptocurrency asset market. Meanwhile, the U.S. SEC has officially proposed a "Crypto Assets Rule Framework," planning to allow certain cryptocurrency financing to be exempt from full securities registration under specific conditions, including a cumulative financing cap of $5 million over four years or an annual limit of $75 million, and providing conditional safe harbor for certain token projects. Additionally, the SEC is considering limiting certain state securities registration requirements to provide a clearer compliance path for U.S. cryptocurrency companies. Market participants believe that recent actions by U.S. regulators indicate that Washington is shifting from a previous enforcement-based regulatory model to establishing a systematic regulatory framework for cryptocurrency assets.On the other hand, former Signature Bank Chairman Scott Shay has launched the N3XT Digital Dollar (NDD) digital dollar deposit project, attempting to challenge the stablecoin market. NDD operates on a public blockchain, enabling 24/7 dollar transfers, and is backed one-to-one by cash and short-term U.S. Treasury bonds. Shay stated that banks can leverage blockchain technology to create a payment system similar to stablecoins while maintaining the dollar credit advantage of the traditional financial system. The project is seen as a new attempt by banks to respond to the expansion of stablecoins. Additionally, the cryptocurrency investment market is entering a new cycle. Dragonfly partner Rob Hadick stated that although AI is attracting significant capital, cryptocurrency startup activity is still recovering, and future predictions of market, institutional applications, and improvements in U.S. regulation may drive new growth in the industry.

According to The Block, the Office of Information and Regulatory Affairs (OIRA) under the Office of Management and Budget of the White House stated on its website on Tuesday that it has received the proposed rules for prediction markets submitted by the Commodity Futures Trading Commission (CFTC) and is currently under review. A CFTC spokesperson stated that more information will be released after the OIRA review is completed.CFTC Chairman Michael Selig has consistently argued that prediction markets fall under the "exclusive jurisdiction" of his agency and has filed lawsuits against five states, including Wisconsin, Illinois, Arizona, Connecticut, and New York. Trump publicly supported Selig on Tuesday, stating that the CFTC's exclusive jurisdiction over prediction markets is "critical."

The DeFi Education Fund, along with several other crypto advocacy organizations, has officially sent a joint letter to the U.S. Securities and Exchange Commission (SEC), requesting the initiation of a formal DeFi rule-making process based on recent statements.Previously, the SEC's Division of Trading and Markets had clearly stated that certain software user interfaces used for trading cryptocurrencies do not need to register as broker-dealers, giving a green light to such activities. The joint letter calls on the SEC to solidify the above principles into an objective and clear framework through announcements or comment-based rule-making, clarifying which activities fall under the definition of "broker," while excluding infrastructure service providers such as validators, API and RPC providers, oracles, and cloud services. This would provide developers with long-term legal certainty and avoid reliance on temporary guidance. Under the leadership of current Chairman Paul Atkins, the SEC has taken a positive and open attitude towards digital asset innovation, contrasting sharply with the repressive stance of the previous administration, and the industry has also played an important role in the rule-making process.

The official website of the U.S. Securities and Exchange Commission published a speech by Chairman Paul Atkins at the ETHDenver conference, outlining the agency's direction on cryptocurrency regulation, which mainly includes:Clarifying the "investment contract" framework: The Commission will study and publish a framework that clarifies under what circumstances crypto assets constitute investment contracts, as well as their formation and termination mechanisms.Innovation exemptions: Considering the establishment of innovation exemptions that allow for pilot trading of certain tokenized securities under restricted conditions, including limited trading on new platforms such as automated market makers, to accumulate experience for a long-term regulatory framework.Advancement of rules and guidance: Plans to initiate or advance rulemaking on topics such as financing pathways for crypto assets, broker-dealer custody for non-securities crypto assets (including payment stablecoins), and modernization of transfer agent rules; and continue to provide clarity for non-registration scenarios such as wallets and user interfaces through no-action letters and exemption orders.Regulatory philosophy: Paul Atkins emphasized that regulators should not react to short-term price fluctuations. The responsibility of the U.S. Securities and Exchange Commission is to ensure adequate information disclosure and clear rules, allowing market participants to make decisions in a transparent environment, rather than "supporting prices."

ChainCatcher news, according to Cointelegraph, venture capital firm Paradigm criticized the U.S. SEC for bypassing standard rule-making procedures in its current legal action against cryptocurrency exchange Binance. In a statement released on Friday, September 29, Paradigm stated that the SEC is attempting to change the law through the allegations in its complaint without adhering to established rule-making procedures. Paradigm firmly believes that the SEC has exceeded its regulatory boundaries and expressed strong opposition to this strategy. Additionally, Paradigm emphasized concerns regarding the SEC's application of the Howey test.

ChainCatcher news, according to Beincrypto, U.S. House Financial Services Committee Chairman Patrick McHenry announced today that U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler will attend the House Digital Assets Subcommittee meeting on April 18. This oversight hearing will seek to clarify Gensler's rule-making and regulatory approach to digital assets.McHenry stated, "This will be our first oversight hearing of the SEC. In terms of policy, this will be a serious approach to developing regulations in the digital asset space."It is reported that McHenry established the Digital Assets Subcommittee in January 2023 to help bridge the structural gap in the House Financial Services Committee's approach to addressing cryptocurrency issues. The U.S. House Financial Services Committee is responsible for overseeing the entire financial services industry, including securities, banking, and crypto assets. (source link)