In 2023, the crypto industry experienced a milestone, with major
jurisdictions such as the EU and the UK tightening their regulatory
frameworks. Duncan Ash, the Head of Strategy at blockchain protection firm
Coincover, discussed the key trends expected to shape the crypto regulatory
landscape in 2024 and how they will impact the evolution of the
industry in the long-term.
“Crypto regulation” itself is somewhat of an oxymoron.
Although built on the principle of peer-to-peer transfer, the market has
gradually moved away from its purist origins as regulators seek greater
oversight. Different jurisdictions are moving at different paces
of reform. The EU is leading the charge, passing its landmark Markets in Crypto
Assets (MiCA) regulation last summer.
The UK has taken a more phased approach and is set to
publish a new regulatory regime this year following its consultation period,
which ended in February 2024. Progress in the US has been much slower, where
the SEC has largely governed through enforcement action and is at loggerheads with the CFTC
CFTC
The 1974 Commodity Exchange Act (CEA) in the United States created the Commodity Futures Trading Commission (CFTC). The Commission protects and regulates market activities against manipulation, fraud, and abuse trade practices and promotes fairness in futures contracts. The CEA also included the Sad-Johnson Agreement, which defined the authority and responsibilities for the monitoring of financial contracts between the Commodity Futures Trading Commission and the Securities and Exchange Commiss
The 1974 Commodity Exchange Act (CEA) in the United States created the Commodity Futures Trading Commission (CFTC). The Commission protects and regulates market activities against manipulation, fraud, and abuse trade practices and promotes fairness in futures contracts. The CEA also included the Sad-Johnson Agreement, which defined the authority and responsibilities for the monitoring of financial contracts between the Commodity Futures Trading Commission and the Securities and Exchange Commiss
Read this Term.
While it remains to be seen exactly what new
regulation may look like and how it will be enforced, it’s inevitable that the
future of crypto lies within far more regulated and supervised parameters. As industry players seek to navigate this transition
in 2024, here are three key trends set to play a central role in shaping the
regulatory landscape:
Traditional and decentralized finance are becoming more intertwined. The approval of the Bitcoin ETF in the US recently highlighted this. As the
gap narrows, we can expect increased hiring by crypto firms seeking financial
regulation experience to ensure they are ahead in compliance.
For instance, USDC issuer Circle appointed Heath
Tarbet, the CFTC’s Former Chairman, as the Chief Legal Officer last July to oversee its regulatory affairs. As regulators continue to ramp up market pressure,
crypto firms are likely to prioritize hiring individuals from traditional
finance (TradFi) and regulatory sectors to avoid fines and penalties resulting
from non-compliance with new requirements.
The aggressive stance taken by regulators against the
crypto market underscores the substantial risks involved. For instance, the SEC
issued an estimated $5 billion in penalties against crypto firms for a range of
offenses between October 2022 and September 2023 alone. This includes breaches of
AML regulations and offering unregistered securities.
As you will see when the SEC’s brief is made public tomorrow, they ask the Judge for $2B in fines and penalties. 1/4 https://t.co/HM8dBbn7lp
— Stuart Alderoty (@s_alderoty) March 25, 2024
To navigate these challenges, crypto companies will
increasingly seek expertise in TradFi and legal fields to ensure compliance
Compliance
In finance, banking, investing, and insurance compliance refers to following the rules or orders set down by the government regulatory authority, either as providing a service or processing a transaction. Compliance concerning finance would also be a state of being following established guidelines or specifications. This designation can also encompass efforts to ensure that organizations are abiding by both industry regulations and government legislation. Understanding ComplianceCompliance is a
In finance, banking, investing, and insurance compliance refers to following the rules or orders set down by the government regulatory authority, either as providing a service or processing a transaction. Compliance concerning finance would also be a state of being following established guidelines or specifications. This designation can also encompass efforts to ensure that organizations are abiding by both industry regulations and government legislation. Understanding ComplianceCompliance is a
Read this Term
with evolving regulatory demands.
New Technology Requires New Regulation
Grappling over the definition of cryptocurrencies as “securities” or “commodities” is not sustainable and will not help make the crypto market safer in the long run. For regulation to be effective in promoting a sustainable future for crypto, regulators will need to understand
the complexities of the crypto market and seek rigorous feedback from market
participants on any new proposals.
While cryptocurrencies are all part of the same group,
they behave differently. This means that regulating the entire ecosystem under
a single framework will only create friction between
regulators and market participants.
For instance, Stablecoins and cryptocurrencies perform
different functions within the crypto ecosystem and, therefore, require different
regulatory regimes. Despite being the most popular
cryptocurrencies by market cap, Bitcoin and Ethereum have some fundamental differences. The
latter provides a decentralized platform for creating and implementing
smart contracts and DeFi apps (dApps).
🆕 #EBA final draft Regulatory Technical Standards (RTS) under #MiCAR 📜🔍
These set out the requirements, templates and procedures for handling complaints received by issuers of asset reference tokens (ARTs) 🗂️📝https://t.co/yT3pSGSowh pic.twitter.com/DvycTm2MqI
— EU Banking Authority – EBA 🇪🇺 (@EBA_News) March 13, 2024
Every cryptocurrency does not require its
own regulation. Rather, any new regulations should be tailored to the unique
attributes of the crypto market and should consider their various use cases.
Electoral Uncertainty to Slow Pace of Regulatory Reform
2024 will be the biggest year in election history,
with countries making up over 60% of the world’s economic output set to hold
elections. With elections comes uncertainty, and in times of
uncertainty, the pace of any regulatory or legislative reform slows down.
Take the UK, for example. Prime Minister Sunak has
historically positioned the country as “open to business” and has been a vocal
crypto and blockchain advocate. His government has been behind major stablecoin
provisions such as those in the Financial Services and Markets Act, but with
polls suggesting a change at Downing Street, regulators may prefer to delay the
publication of any new framework until after the next general election.
The UK government plans to get new rules governing stablecoins and staking services for crypto assets approved by lawmakers within the next six months, Economic Secretary to the Treasury Bim Afolami says https://t.co/W2v6NBbPwA
— Bloomberg (@business) February 19, 2024
The US finds itself in a similar situation. In July, the House
Financial Services Committee passed a landmark bill aiming to develop a
regulatory framework for crypto. However, its progress through Congress will
likely be slowed as mounting focus is diverted towards the presidential
election.
What Next?
Regulation will be a force for good in the crypto
market, providing greater trust, transparency, and consumer protection.
However, it won’t be a panacea. The implementation of new rules and frameworks is a
long process that won’t happen in one “big bang” moment. While 2024 will see
this transition continue, we should not expect sweeping reform.
In 2023, the crypto industry experienced a milestone, with major
jurisdictions such as the EU and the UK tightening their regulatory
frameworks. Duncan Ash, the Head of Strategy at blockchain protection firm
Coincover, discussed the key trends expected to shape the crypto regulatory
landscape in 2024 and how they will impact the evolution of the
industry in the long-term.
“Crypto regulation” itself is somewhat of an oxymoron.
Although built on the principle of peer-to-peer transfer, the market has
gradually moved away from its purist origins as regulators seek greater
oversight. Different jurisdictions are moving at different paces
of reform. The EU is leading the charge, passing its landmark Markets in Crypto
Assets (MiCA) regulation last summer.
The UK has taken a more phased approach and is set to
publish a new regulatory regime this year following its consultation period,
which ended in February 2024. Progress in the US has been much slower, where
the SEC has largely governed through enforcement action and is at loggerheads with the CFTC
CFTC
The 1974 Commodity Exchange Act (CEA) in the United States created the Commodity Futures Trading Commission (CFTC). The Commission protects and regulates market activities against manipulation, fraud, and abuse trade practices and promotes fairness in futures contracts. The CEA also included the Sad-Johnson Agreement, which defined the authority and responsibilities for the monitoring of financial contracts between the Commodity Futures Trading Commission and the Securities and Exchange Commiss
The 1974 Commodity Exchange Act (CEA) in the United States created the Commodity Futures Trading Commission (CFTC). The Commission protects and regulates market activities against manipulation, fraud, and abuse trade practices and promotes fairness in futures contracts. The CEA also included the Sad-Johnson Agreement, which defined the authority and responsibilities for the monitoring of financial contracts between the Commodity Futures Trading Commission and the Securities and Exchange Commiss
Read this Term.
While it remains to be seen exactly what new
regulation may look like and how it will be enforced, it’s inevitable that the
future of crypto lies within far more regulated and supervised parameters. As industry players seek to navigate this transition
in 2024, here are three key trends set to play a central role in shaping the
regulatory landscape:
Traditional and decentralized finance are becoming more intertwined. The approval of the Bitcoin ETF in the US recently highlighted this. As the
gap narrows, we can expect increased hiring by crypto firms seeking financial
regulation experience to ensure they are ahead in compliance.
For instance, USDC issuer Circle appointed Heath
Tarbet, the CFTC’s Former Chairman, as the Chief Legal Officer last July to oversee its regulatory affairs. As regulators continue to ramp up market pressure,
crypto firms are likely to prioritize hiring individuals from traditional
finance (TradFi) and regulatory sectors to avoid fines and penalties resulting
from non-compliance with new requirements.
The aggressive stance taken by regulators against the
crypto market underscores the substantial risks involved. For instance, the SEC
issued an estimated $5 billion in penalties against crypto firms for a range of
offenses between October 2022 and September 2023 alone. This includes breaches of
AML regulations and offering unregistered securities.
As you will see when the SEC’s brief is made public tomorrow, they ask the Judge for $2B in fines and penalties. 1/4 https://t.co/HM8dBbn7lp
— Stuart Alderoty (@s_alderoty) March 25, 2024
To navigate these challenges, crypto companies will
increasingly seek expertise in TradFi and legal fields to ensure compliance
Compliance
In finance, banking, investing, and insurance compliance refers to following the rules or orders set down by the government regulatory authority, either as providing a service or processing a transaction. Compliance concerning finance would also be a state of being following established guidelines or specifications. This designation can also encompass efforts to ensure that organizations are abiding by both industry regulations and government legislation. Understanding ComplianceCompliance is a
In finance, banking, investing, and insurance compliance refers to following the rules or orders set down by the government regulatory authority, either as providing a service or processing a transaction. Compliance concerning finance would also be a state of being following established guidelines or specifications. This designation can also encompass efforts to ensure that organizations are abiding by both industry regulations and government legislation. Understanding ComplianceCompliance is a
Read this Term
with evolving regulatory demands.
New Technology Requires New Regulation
Grappling over the definition of cryptocurrencies as “securities” or “commodities” is not sustainable and will not help make the crypto market safer in the long run. For regulation to be effective in promoting a sustainable future for crypto, regulators will need to understand
the complexities of the crypto market and seek rigorous feedback from market
participants on any new proposals.
While cryptocurrencies are all part of the same group,
they behave differently. This means that regulating the entire ecosystem under
a single framework will only create friction between
regulators and market participants.
For instance, Stablecoins and cryptocurrencies perform
different functions within the crypto ecosystem and, therefore, require different
regulatory regimes. Despite being the most popular
cryptocurrencies by market cap, Bitcoin and Ethereum have some fundamental differences. The
latter provides a decentralized platform for creating and implementing
smart contracts and DeFi apps (dApps).
🆕 #EBA final draft Regulatory Technical Standards (RTS) under #MiCAR 📜🔍
These set out the requirements, templates and procedures for handling complaints received by issuers of asset reference tokens (ARTs) 🗂️📝https://t.co/yT3pSGSowh pic.twitter.com/DvycTm2MqI
— EU Banking Authority – EBA 🇪🇺 (@EBA_News) March 13, 2024
Every cryptocurrency does not require its
own regulation. Rather, any new regulations should be tailored to the unique
attributes of the crypto market and should consider their various use cases.
Electoral Uncertainty to Slow Pace of Regulatory Reform
2024 will be the biggest year in election history,
with countries making up over 60% of the world’s economic output set to hold
elections. With elections comes uncertainty, and in times of
uncertainty, the pace of any regulatory or legislative reform slows down.
Take the UK, for example. Prime Minister Sunak has
historically positioned the country as “open to business” and has been a vocal
crypto and blockchain advocate. His government has been behind major stablecoin
provisions such as those in the Financial Services and Markets Act, but with
polls suggesting a change at Downing Street, regulators may prefer to delay the
publication of any new framework until after the next general election.
The UK government plans to get new rules governing stablecoins and staking services for crypto assets approved by lawmakers within the next six months, Economic Secretary to the Treasury Bim Afolami says https://t.co/W2v6NBbPwA
— Bloomberg (@business) February 19, 2024
The US finds itself in a similar situation. In July, the House
Financial Services Committee passed a landmark bill aiming to develop a
regulatory framework for crypto. However, its progress through Congress will
likely be slowed as mounting focus is diverted towards the presidential
election.
What Next?
Regulation will be a force for good in the crypto
market, providing greater trust, transparency, and consumer protection.
However, it won’t be a panacea. The implementation of new rules and frameworks is a
long process that won’t happen in one “big bang” moment. While 2024 will see
this transition continue, we should not expect sweeping reform.